In the unlikely event that you manage to go through your entire life without ever being an interested party to the probate of someone else’s estate, you should still familiarize yourself with the probate process as it will be of benefit to you when you are planning your own estate. Learn more about Illinois probate process in this presentation.

1. THE ILLINOIS
PROBATE
PROCESS
ROBERT N. NASH
ILLINOIS ESTATE PLANNING ATTORNEY
“In the unlikely event that you manage to go through your entire
life without ever being an interested party to the probate of
someone else’s estate, you should still familiarize yourself with the
probate process as it will be of benefit to you when you are
planning your own estate.”

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At some point in your life you will likely be involved in the probate of an estate.
You might be appointed as the Executor of someone’s estate, be a creditor of an
estate, or be a beneficiary of an estate. Regardless of the reason for your
involvement, if the estate is being probated in the State of Illinois it will be
important that you understand how the probate process works in Illinois.
In the unlikely event that you manage to go through your entire life without ever
being an interested party to the probate of someone else’s estate, you should
still familiarize yourself with the probate process as it will be of benefit to you
when you are planning your own estate.

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3
WHAT IS PROBATE?
When you die you
will leave behind an
estate. Your estate
will consist of
everything you own,
including personal
and real property as
well as tangible and
intangible assets. All
of you property and
assets must be
accounted for and
eventually be
transferred to you
legal heirs or
designated
beneficiaries. The probate process evolved as a way to make sure that the
transfer of assets is accomplished in accordance with all applicable laws as well
as to ensure that all creditors of the estate, including Uncle Sam, are paid.
IS THE PROBATE PROCESS THE SAME IN ALL STATES?
Although the basic process is similar in all states, issues relating to wills, trusts,
and estates are governed primarily by state laws. For this reason, aspects of the

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probate process, as well as the laws applicable to probate relates issues, can
vary somewhat from state to state.
IS THERE AN ALTERNATIVE TO FORMAL PROBATE?
In the State of Illinois, an estate may be able to avoid formal probate under
certain circumstances. To be eligible to use a “Small Estate Affidavit” the total
value of all estate assets cannot exceed $100,000. In addition, if there are
creditor disputes, or if someone challenges the validity of the Last Will and
Testament submitted for probate the estate will likely need to go through formal
probate.

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TESTATE VS. INTESTATE ESTATES
When an individual leaves behind a valid Last Will and Testament the estate is
referred to as a “testate” estate. In that case, the decedent’s Will is used to
probate the estate, meaning the Will dictates what happens to the decedent’s
assets. When an individual dies without leaving behind a valid Last Will and
Testament the person is said to have died “intestate.” Assets owned by a
decedent who dies intestate will be distributed using the Illinois laws of intestate
succession, effectively meaning the State of Illinois decides what happens to the
estate assets.

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WHAT IS THE DIFFERENCE BETWEEN AN EXECUTOR AND A
PERSONAL REPRESENTATIVE?
An Executor is someone who is appointed by the decedent in a Last Will and
Testament whereas a Personal Representative is someone who volunteers, or is
appointed by the court if no one volunteers, to administer the estate of a
decedent. For the most part, the duties and responsibilities of an Executor and a
Personal Representative are the same.

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WHAT HAPPENS DURING FORMAL PROBATE?
 Estate Assets–the Executor/PR of the estate must identify all estate
assets. Those assets must them be located, valued and inventoried for the
court. The Executor/PR must secure the assets and manage/maintain them
until the probate process is finished.
 Creditors–notification must be given to all creditors of the estate shortly
after probate is opened. Creditors are then given an opportunity to file a
claims against the estate. Approved claims are paid out of estate assets.
 Challenges to the Estate –if an interested party believes the Will
submitted to probate is not valid a Will contest may be filed. If that occurs,
the challenge must be litigated before probate may resume. If the
contestant prevails, the Will is declared invalid. The court then looks for
another valid Will to use for the probate of the estate. If no valid Will exists
the estate becomes an intestate estate.
 Estate Taxes–all tax returns, including federal gift and estate taxes, must
be prepared and all taxes obligations paid before any assets may be
distributed to heirs or beneficiaries.
 Distributing Assets -- finally, when taxes have been paid and all other
estate business concluded the estate assets may be transferred to the
intended beneficiaries or heirs of the estate.

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HOW LONG DOES PROBATE TAKE?
Because every estate is unique there is no way to determine how long the
probate of a specific estate will take; however, the probate of even a relatively
simple estate must remain open for at least six months because the law allows
creditors of the estate six months in which to file a claim against the estate. As a
general rule, the more complex and valuable the estate assets are, the longer it
will take to probate an estate. Large estates, of estates in which a Will contest
has been filed, can easily take well over a year to probate.
If you find yourself involved in the probate of an estate and have specific
questions or concerns consult an experienced Illinois estate planning attorney for
advice and guidance.

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REFERENCES:
Illinois Legal Aid, How Do I Settle an Estate after Someone Dies?
NOLO, Illinois Probate: An Overview
Cook County Illinois, Probate Division

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About the Author
Robert N. Nash
Robert N. Nash is a partner in the law firm of Nash Nash Bean & Ford, LLP. The law firm has
offices in Geneseo and Moline, Illinois and conference facilities available throughout
Northwestern Illinois. Mr. Nash chose the estate and business planning arena because he
believes it provides a positive force in his clients’ lives. He practices preventative, rather
than remedial law. Robert Nash focuses on all aspects of estate planning, including estate,
gift and income taxes, trust and probate administration, real estate, and business.
Nash Nash Bean & Ford, LLP
www.nashbeanford.com
Geneseo
445 US Highway 6 East
Geneseo, IL 61254
Phone: (309) 944-2188
Fax: (309) 944-3960
Moline
5030 38th Avenue, Suite 2
Moline, IL 61265
Phone: (309) 762-9368
Fax: (309) 944-3960