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A guide to the probate process in Illinois

The probate process in Illinois is an unknown and confusing process to most individuals having to navigate it.  Whether the deceased has a will or trust and the assets in the estate will determine the path we take on how to handle their probate case.


If, after our initial meeting, we determine the probate process is necessary to distribute the deceased’s assets, the first step is for our office to file a petition with the probate court.  The purpose of the petition is to request a judge officially appoint someone as administrator or executor.  If the decedent left a valid will, generally it is the responsibility of the named executor to retain an attorney to file the petition on the executor’s behalf.  That is if there is a will.  What if the decedent didn’t have a will?  In that case, the decedent’s probate case is referred to as an intestate estate.  For this type of probate case typically someone (a close family member such as spouse, child or sibling) volunteers to be the administrator of the estate.  He or she must then complete, sign and file the petition requesting a judge to appoint him or her as the administrator of the estate. 

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About the Author
Lauren Jackson
Posted - 05/02/2022 | Illinois