Illinois Probate Process

Whether you die with a Will or no estate planning tool at all, your estate must go through probate court. In Illinois, if you die with real property in your name or your gross estate is over $100,000, your estate goes to probate. 

Once in Probate court, the process is not quick. It can take up to 1-3 years to distribute your assets to your heirs and beneficiaries. Understand that before any gifts or remaining assets are distributed, the law states you must give known or unknown creditors 6 months notice of your death in case there is a claim against your estate. Upon this time period closing and your debts and liabilities being paid, then can your beneficiaries receives special and general gifts. 

If you want the Probate Court to supervise your estate upon your death and oversee the administration, perhaps a Will based plan is better for you. 

By having a properly funded Trust, probate can be avoided entirely. This saves you time, money, and keeps your family at peace.