Estates & Powers of attorney

Probate A court process where a person's property is given out after they die is the court process used to settle To resolve a case before finishing a trial a person’s estate All of the property a person owns at their death after death. An estate includes the property and financial assets Anything a person owns that has financial value a person owned at the time of death. Examples may include:

• A home or other real estate, Property consisting of land or buildings like a house or an apartment
• Bank accounts,
• Vehicles,
• Personal belongings,
• Investments,
• And other property owned in the decedent’s Someone who has died name.

In probate, the court appoints a personal representative to handle the estate. The representative gathers the estate’s property, pays valid debts and expenses, and distributes what is left to the people entitled to receive it. If there is a valid Will, the estate is distributed according to the Will. If there is no Will, Illinois inheritance law determines who inherits the decedent’s belongings.

Probate A court process where a person's property is given out after they die uses court forms like petitions to open the case, notices, lists of estate All of the property a person owns at their death property, and papers to close the estate. These forms must be filed in the county where the decedent Someone who has died last lived before they died.

Illinois does not have one standard set of probate forms for the whole state. The forms and filing steps can be different in each county. Probate forms can be found in the circuit clerk’s The office that takes care of files and documents for circuit court cases office or on their website in the county where the probate case is filed. Below are links to select probate forms in different counties:

• Cook County
• Lake County
• Winnebago County
• McHenry County
• Peoria County
• Rock Island County
• Champaign County
• Madison County
• Jackson County

To find forms, search for the county name and “Illinois probate forms”. The probate forms may be in a larger list of court forms, and not separated out. Counties may also have some, but not all the probate forms online. They may also have no probate forms online. Call the county circuit clerk court, or visit the courthouse and ask where to get probate forms.

Key people in probate A court process where a person's property is given out after they die often include:

• The personal representative appointed by the court to handle the estate, All of the property a person owns at their death
• Heirs or beneficiaries, who are entitled to receive the decedent’s Someone who has died property,
• Creditors, who may make claims for debts owed by the deceased person, and
• The circuit court, The lowest level of court in Illinois which oversees the probate case.

Probate A court process where a person's property is given out after they die is usually required when a person dies owning property in their name alone and there is no automatic way for that property to pass to someone else. 

Probate may be required, for example, when a person owned real estate Property consisting of land or buildings like a house or an apartment solely in their name or had bank accounts or other assets Anything a person owns that has financial value without a joint owner of a named beneficiary. A person that gets property or money from someone when they die

No, not every estate must go through probate. A court process where a person's property is given out after they die Some property transfers automatically at death and usually does not require probate. For example, the Transfer on Death Instrument can be created before someone dies, so their real property can transfer automatically to someone when they die. Also, some smaller estates can be handled without opening a probate case by using a small estate affidavit if the legal requirements are met.

It depends on who owns it and whether a beneficiary A person that gets property or money from someone when they die is named.

Probate A court process where a person's property is given out after they die property is property owned only by the deceased person that does not automatically transfer to someone else at death. This may include real estate, Property consisting of land or buildings like a house or an apartment bank accounts, and personal property held only in the person’s name.

For example, if a person owned a home or bank account solely in their name with no joint owner or beneficiary designation, that property may need to go through probate.

Non-probate property usually includes property that transfers automatically such as:

• Property owned in joint tenancy A type of ownership in which the owners have equal shares and have a right of survivorship. The right of survivorship means that when one owner dies, the other owners split that owner's share. with rights of survivorship,
• Life insurance paid to a named beneficiary,
• Retirement accounts with designated beneficiaries, and
• Property held in trust.

For married couples, property such as a home or bank account is often owned jointly with rights of survivorship. When one spouse dies, the surviving spouse usually becomes the sole owner automatically. That property does not go through probate. If the property was owned only in the deceased spouse’s name, probate may still be needed.

The personal representative is the person appointed by the court to administer the estate. All of the property a person owns at their death If there is a Will, that person is often called an executor. Person in charge of giving out the property left in a will If there is no Will, the court appoints an administrator. The personal representative’s responsibilities may include:

• Identifying and collecting estate property,
• Safeguarding and managing property during probate, A court process where a person's property is given out after they die
• Giving required notices,
• Paying valid debts and expenses, and
• Distributing the remaining property to the appropriate people.

No, a Will does not automatically avoid probate. A court process where a person's property is given out after they die A Will explains who should receive a person’s property after death. It also often names the person who should serve Giving court documents to someone as the personal representative, often called an “executor.” Person in charge of giving out the property left in a will If the decedent's Someone who has died property must be transferred through probate, the Will is carried out through the probate process. The court still has to appoint an executor and give that person authority to collect assets, Anything a person owns that has financial value pay debts, and distribute property.

Learn more about Wills for estate planning.

If a person dies without a valid will, they are said to have died “intestate”. In that situation, Illinois law determines who inherits the person’s property. Probate A court process where a person's property is given out after they die may still be necessary if the person owned property that must be transferred through probate.

The probate court will appoint a personal representative, called an “administrator”, to manage the estate. The administrator performs the same duties as a personal representative named in a will. This includes collecting assets, Anything a person owns that has financial value paying debts and expenses, and distributing the remaining property according to Illinois inheritance law.

Who inherits depends on the surviving family members. Property may pass to a surviving spouse, children, parents, or other relatives as set out by state law. Since distribution is decided by the law, the result may be different from what the decedent Someone who has died would have chosen in a Will.

Read more about Wills for estate planning.

Probate A court process where a person's property is given out after they die starts when an interested person files a petition (noun) A written request to a court (verb) To request from a court in court in the county where the decedent Someone who has died lived. If there is a Will, the petition asks the court to admit the Will and appoint an executor. Person in charge of giving out the property left in a will If there is no Will, the petition asks the court to appoint an administrator.

Under Illinois law, the petition generally includes:

• Basic information about the decedent and the estate, All of the property a person owns at their death such as the date and place of death,
• Whether a will exists,
• The approximate value of the estate, and
• The names and addresses of people with an interest in the estate.

The court will then review the petition. If legal requirements are met for probate, the court appoints the personal representative and issues letters of office.

Letters of office are court documents that give the personal representative legal power to act for the estate. All of the property a person owns at their death They matter because banks, title companies, and others often need proof of legal authority before releasing funds, transferring accounts, or changing title to property owned only by the decedent. Someone who has died

First, a personal representative is appointed and receives letters of office. After that, probate A court process where a person's property is given out after they die usually involves:

• Giving required notices to interested people and creditors,
• Identifying and managing estate All of the property a person owns at their death property,
• Paying valid debts and expenses,
• And distributing what’s left under the Will or Illinois inheritance law if there is no Will.

How long probate A court process where a person's property is given out after they die takes depends on the estate. All of the property a person owns at their death Some cases take a few months. Others take longer, especially if there are many assets, Anything a person owns that has financial value debts, or disagreements. Probate usually cannot finish until the time for creditors to make claims has passed and all required notices have been given. When the estate has been handled, and property has been given out, the court can approve closing the case. The personal representative will be released from their duties.

A small estate affidavit A notarized written statement signed by a person under oath is a legal form that lets some estates be handled without opening a probate A court process where a person's property is given out after they die case. Small estate affidavits can be used it if:

• The estate has no real estate, Property consisting of land or buildings like a house or an apartment
• At least 60 days have passed since death,
• No probate petition (noun) A written request to a court (verb) To request from a court has been file or is pending in Illinois, and
• The total personal property is $150,000 or less

Note: Vehicles are listed on the affidavit but do not count toward the $150,000 cap if titled through the Illinois Secretary of State.

No probate case is opened. The person who signs the affidavit is responsible for collecting property, paying valid debts, and giving out what is left according to the law. This process is usually faster and costs less than going through probate.

Read more about small estate affidavits.