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 |  IL Licensed Attorney · ARDC

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Estate Planning + Probate

Probate & Estate Administration · Illinois

Illinois Probate Guidance When Your Family Needs It Most

Losing a loved one is difficult enough. Navigating Illinois probate court while grieving — managing deadlines, creditor claims, and court filings — shouldn’t fall to you alone. Brad Plaschke guides families through every step with efficiency and care.

What We Do

Understanding the Illinois Probate Process

Time-sensitive: Illinois probate has strict deadlines. An executor has 30 days to file the will with the court. Creditor claim periods run 6 months from the date of death notice. Missing these windows creates serious legal complications — contact Brad promptly after a loved one’s passing.

Probate is the court-supervised process of administering a deceased person’s estate — paying debts, resolving claims, and transferring assets to heirs. In Illinois, estates with assets over $100,000 (or any real property titled solely in the decedent’s name) typically require formal probate in the county circuit court.

With an Attorney

Court filings are completed correctly and on time. Creditor claims are properly evaluated and disputed where appropriate. Assets are distributed efficiently and the estate is closed without court complications or executor liability.

Without an Attorney

Executors frequently miss filing deadlines, fail to publish proper notice to creditors, distribute assets prematurely (exposing themselves to personal liability), or fail to properly close the estate — leaving it open for years.

"Illinois probate typically takes 12–18 months and costs families $15,000–$40,000 or more in fees for an average estate. An attorney-drafted trust would have avoided all of it — but when probate is unavoidable, experience and efficiency matter enormously."

— Brad Plaschke, Managing Attorney · ARDC #6225854

Probate Services We Provide

Full-Service Estate Administration

01

Estate Opening & Executor Appointment

Petition for probate, will admission, and appointment of executor or administrator. Brad handles all initial court filings and appearances in DuPage, Will, or Cook County.

02

Creditor Notice & Claims

Publication of notice to creditors, review and evaluation of claims, negotiation or dispute of improper claims, and protection of the estate from inflated or invalid creditor demands.

03

Asset Inventory & Management

Identification and valuation of estate assets, management during the probate period, liquidation where appropriate, and coordination with financial institutions and title companies.

04

Distribution & Estate Closing

Final accounting, distribution to beneficiaries, deed transfers for real property, and proper closure of the estate with the court — ensuring the executor is fully discharged from liability.

How It Works

What to Expect in Illinois Probate

01

Weeks 1–4

Filing & Appointment

Brad files the petition, submits the will, and obtains the court’s appointment of executor. Letters of Office are issued — giving the executor legal authority to act.

02

Months 1–6

Notice & Creditor Period

Notice to creditors is published. The 6-month creditor claim period runs. Brad manages claims, disputes invalid ones, and handles estate tax obligations if applicable.

03

Months 6–12

Asset Administration

Estate assets are marshaled, valued, and managed. Real property is sold or transferred. Accounts are consolidated. Final tax returns are prepared and filed.

04

Months 12–18

Distribution & Closing

Final accounting is presented to beneficiaries and the court. Assets are distributed. The estate is formally closed and the executor is discharged from all further obligations.

Frequently Asked Questions

Does every Illinois estate have to go through probate?

No. Assets that pass by beneficiary designation (life insurance, retirement accounts, POD bank accounts), assets held in joint tenancy, and assets held in a properly funded living trust all avoid probate. Illinois also has a simplified “small estate affidavit” process for estates under $100,000 with no real property. Estates with real estate titled solely in the decedent’s name and/or assets over $100,000 typically require formal probate.

An executor has a fiduciary duty to all beneficiaries and creditors. Distributing assets before creditor claims are resolved, paying an improper claim, or failing to properly account for estate assets can result in personal liability. This is one of the most important reasons to have experienced legal counsel throughout the process.
Yes. An Illinois will contest must be filed within 6 months of the will being admitted to probate. Grounds include lack of testamentary capacity, undue influence, fraud, or improper execution. Brad can advise executors on responding to a will contest and can evaluate whether a contest has merit for potential challengers.
If there is no will, Illinois intestate succession laws determine who inherits. An administrator (rather than an executor) is appointed by the court. The process is otherwise similar to testate probate, but the distribution follows the statutory formula rather than the decedent’s expressed wishes — which may produce results the family finds unexpected.
Attorney’s fees, executor commissions, court costs, and publication fees for an average Illinois estate typically total $15,000–$40,000 or more. These are paid from the estate — reducing what beneficiaries receive. This is precisely why proactive trust planning eliminates the cost entirely for estates that plan ahead.

What Naperville Families Say

“Brad guided our family through my mother’s estate with calm and genuine care. He handled every filing, managed a creditor dispute we hadn’t anticipated, and kept us informed throughout. The estate closed in 14 months without a single complication.”

Susan H.

Naperville, IL

“I was named executor without having any idea what that meant. Brad walked me through every responsibility, protected me from making costly mistakes, and made the entire process manageable. I couldn’t have done it without his guidance.”

Kevin M.

Wheaton, IL

“There were disputes among the siblings and Brad navigated them professionally and fairly. He kept the focus on closing the estate correctly rather than escalating conflict. Truly exceptional handling of a difficult situation.”

Anonymous

DuPage County, IL

Navigating Probate? We Can Help.

If a loved one has passed or you are an executor facing the Illinois probate process, contact Brad today. Evening and weekend appointments available for families in urgent need.

Attorney advertising. Not legal advice. No attorney-client relationship created by this website. IL ARDC #6225854.