Step-by-Step Guide to the Illinois Probate Process: What to Do First

Quick Summary: If you’ve just lost a loved one in Illinois, the first step is to determine whether probate is required and identify who will serve as the executor. Next, gather essential documents—such as the will, death certificate, and asset information—so you can begin the court filing process. Probate in Illinois follows a structured series of steps, and working with an attorney like Jackson Abdalla Law Group, P.C. in Elgin, IL can help you avoid delays and costly mistakes.

What Is Probate in Illinois?

Probate is the court-supervised process for managing and distributing a person’s estate after they pass away. In Kane County(and similarly in Cook and DuPage counties), probate ensures that all debts are addressed and assets are transferred legally to the correct heirs or beneficiaries.

Key Terms Explained in Plain English

• Executor: The person named in the will who is responsible for managing the estate. Illinois calls this person the “representative,” but “executor” is commonly used when there is a will.
• Letters of Office: The official court document giving the executor/representative legal authority to act on behalf of the estate.
• Inventory: A list of all estate assets, including property, bank accounts, and valuables, along with their estimated values.
• Creditor Claims: Requests from individuals or businesses owed money by the estate. Illinois law gives creditors a specific window of time to submit claims.

The Illinois Probate Process: Step-by-Step

Step 1: Determine whether probate is required

Not every estate needs probate. In Illinois, probate is generally required when the deceased owned assets valued over $100,000 or real estate titled solely in their name.

Step 2: Identify the executor or administrator

If there is a will, it typically names an executor. If not, the court will appoint an administrator—often a close family member.

Step 3: Gather important documents

• Death certificate
• Original will (if there is one)
• Asset information (property deeds, bank statements, titles, etc.)
• List of heirs and beneficiaries

Step 4: File the probate petition with the county court

The executor files the will with the appropriate county— Kane County, Cook County, or DuPage County —and petitions the court to open probate.

Step 5: Receive Letters of Office

Once granted, these letters give the executor legal authority to act, including paying bills, accessing accounts, and signing documents on behalf of the estate.

Step 6: Notify heirs, beneficiaries, and creditors

Illinois requires formal notice to heirs and a published notice to creditors. This starts the creditor claim period, which typically lasts at least six months.

Step 7: Create and file the inventory

The executor documents all estate assets and submits the inventory to the court and interested parties.

Step 8: Pay debts and handle creditor claims

The executor must evaluate claims, pay valid debts, and reject improper ones. Disputes may require court involvement.

Step 9: Distribute remaining assets

Once debts and expenses are settled, the executor distributes assets to beneficiaries according to the will or, if there is no will, according to Illinois intestacy laws.

Step 10: Close the estate

After completing all tasks, the executor submits a final accounting and asks the court to formally close the estate.

Illinois Probate Checklist

• Confirm whether probate is needed
• Locate the will and identify the executor
• Gather financial and property documents
• File petition for probate
• Obtain Letters of Office
• Notify heirs and creditors
• Prepare and file inventory
• Review and resolve creditor claims
• Distribute assets
• Close the estate with the court

Common Probate Pitfalls (and How to Avoid Them)

• Not filing the will promptly: Illinois law requires filing the will within 30 days of death.
• Missing required notices: Failure to notify creditors or beneficiaries can delay or invalidate parts of the process.
• Incomplete or inaccurate inventory: Missing assets leads to disputes and delays.
• Handling debts incorrectly: Paying the wrong claims first—or paying too early—can create legal liability for the executor.
• DIY probate mistakes: Self-managed probate often leads to avoidable court delays and financial loss.

Helpful Resources

Probate Services – Jackson Abdalla Law Group, P.C.

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If you need guidance with probate in Kane County, Cook County, DuPage County, or the surrounding areas, I can help you navigate the process with clarity and confidence. Schedule a consultation today to get started.