Do You Need a Lawyer for Probate in Illinois?

Do you need a lawyer to go through probate in Illinois?

You can serve as executor or administrator without being a lawyer if you qualify. An executor must be at least 18, a United States resident, of sound mind, not an adjudged person with a disability, not currently incarcerated in state or federal prison, and, except as provided in subsection (c), not convicted of a felony (755 ILCS 5/6-13(a)). The exception applies only if the will names that person and expressly acknowledges the conviction and the other statutory conditions are met (755 ILCS 5/6-13(c)). An administrator must be at least 18, a United States resident, of sound mind, not an adjudged person with a disability, and never convicted of a felony (755 ILCS 5/9-1); the executor exception does not apply.

Serving is not the same as representing the estate in court. An Illinois appellate court has held that a non-lawyer, including a non-lawyer representative of an estate, cannot represent another's legal interests in court (Ratcliffe v. Apantaku, 318 Ill. App. 3d 621, 742 N.E.2d 843 (1st Dist. 2000)). The Cook County Clerk's Probate Division FAQ says you need to hire an attorney to open a probate estate.

Not every estate needs a court case. Check the assets and available transfer options before deciding what help you need. For service inquiries, visit the firm's probate service page.

When can an estate skip formal probate?

Some property commonly passes outside probate under its own terms. Examples include joint tenancy with survivorship, life insurance and retirement accounts with named beneficiaries, payable-on-death accounts, and trust property.

A small estate affidavit may transfer personal property, not real estate, if no letters are outstanding and no petition for letters is pending or contemplated in Illinois or elsewhere. For deaths on or after August 15, 2025, the personal estate passing under a will or without a will must not exceed $150,000, not counting motor vehicles registered in Illinois (755 ILCS 5/25-1). Earlier deaths have a different limit, and vehicles count toward it. For deaths on or after January 1, 2027, the following count toward the limit even if registered: vehicles used as living quarters; motor homes, mini motor homes and van campers; non-self-propelled vehicles; commercial vehicles; implements of husbandry; and buses and commuter vans. For a death from August 15, 2025 through December 31, 2026, whether that change applies to an affidavit signed or used in 2027 or later is not settled.

The signer must list the assets and any known unpaid debts, attach the death certificate, name the heirs or the people who take under the will, and attach a certified copy of any will, which must already be filed with the court. The signer must also state that no dispute about the heirs or the will is known, and must pay valid claims in the statutory order before distributing anything. The signer is personally responsible, up to the amount lost, to creditors, heirs and others who rely on the affidavit and lose money because of the signer's acts or omissions, and a false statement is perjury. An ownership dispute may separately call for help with property disputes.

What must you do right away if the person left a will?

If you hold the original will, file it with the clerk of the proper county, usually the county where the person lived, immediately after the death (755 ILCS 5/6-1). The court may compel production if you fail or refuse. In Cook County, the clerk's probate page says you can file the original will in person at the Daley Center or another clerk office, or by mail, and that a will cannot be filed without the date of death.

Filing the will is not the same as opening an estate. Do not wait to file while you decide whether the assets require probate. Keep a copy and proof of delivery for your records.

A person who willfully secretes a will for 30 days after the death becomes known to that person, or willfully alters or destroys a will without the testator's direction, can on conviction be sentenced as in cases of theft of property classified as a Class 3 felony (755 ILCS 5/6-1(b)). That is separate from the duty to file the will immediately. File the original rather than holding it back while family questions are resolved.

What does a probate lawyer do?

A probate lawyer can prepare petitions, handle court appearances, and help with notice, claims, distribution, and closing. The representative still has duties.

The representative must publish creditor notice once weekly for three successive weeks in a newspaper published in the county of administration, and mail or deliver notice to each creditor whose name and address are known or reasonably ascertainable, unless that creditor's claim has already been allowed or disallowed (755 ILCS 5/18-3). The claims deadline must be at least six months from first publication or three months from mailing or delivery, whichever is later. Claims not filed by the date in the notice are generally barred. Unless barred sooner, claims are barred two years after the death, whether or not letters issue. These bars do not apply to administration expenses or a surviving spouse's or child's award, and they do not bar a suit to establish the decedent's liability to the extent liability insurance protects the estate (755 ILCS 5/18-12).

In a supervised estate, the representative must file a verified inventory of the known real and personal estate, and of claims the estate can sue on, within 60 days after letters issue, plus a supplemental inventory for property found later (755 ILCS 5/14-1). Unless the will expressly forbids it or supervised administration is requested or required, the court grants independent administration (755 ILCS 5/28-2), which permits administration without court order or filings except where Article XXVIII requires them or an interested person requests them (755 ILCS 5/28-1). An independent representative mails or delivers a copy of the inventory to each interested person instead of filing it with the court (755 ILCS 5/28-6), so ask the lawyer which filings and deadlines apply.

What is the difference between a probate lawyer and an estate lawyer?

Probate lawyer, estate lawyer and estate planning lawyer describe areas of practice, not specialty certifications recognized by the Supreme Court of Illinois. The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law, nor certifications of expertise in any phase of the practice of law (Ill. R. Prof'l Conduct 7.4(b)). A lawyer may communicate the fact that the lawyer does or does not practice in particular fields of law (Ill. R. Prof'l Conduct 7.4(a)), but these labels are not official qualifications.

In everyday use, a probate lawyer focuses on the court process after a death. An estate lawyer may handle that work, or may focus on drafting wills and trusts during life. Ask what the lawyer does day to day and whether that includes the filings or transfer questions you need addressed.

If disagreements arise, ask whether separate help with civil disputes is relevant. Read about the firm if you are deciding whom to contact.

How are probate lawyers and executors paid?

The estate representative is entitled to reasonable compensation for services (755 ILCS 5/27-1). The representative's attorney is also entitled to reasonable compensation (755 ILCS 5/27-2). Neither section sets a percentage or a fee schedule.

The work required can vary with the assets, debts, records, and disagreements. Court filing charges and the cost of publishing the creditor notice are case costs that are often billed separately from the lawyer's fee. Ask which expenses are outside the lawyer's fee.

Request a written fee agreement before hiring a lawyer. Ask what work it covers, how additional work is charged, and how the representative's compensation is addressed. Keep records of services and expenses. You can schedule a consultation if you want to discuss your situation.

What if there is no will?

If a person dies without a valid will, Illinois descent and distribution rules decide who receives an Illinois resident's estate, and a nonresident's Illinois real estate, after claims are paid (755 ILCS 5/2-1). This is only an outline. Family details matter, so do not distribute property based only on this summary.

If a spouse and descendants survive, one half goes to the spouse and one half to the descendants per stirpes. If only descendants survive, they receive all, per stirpes. If only a spouse survives, the spouse receives all. Otherwise, parents, siblings and their descendants, or more distant relatives may receive shares under the statute.

Per stirpes describes distribution by family branch, so a deceased child's share may pass to that child's descendants. Non-probate assets generally follow their own terms rather than this outline.

What mistakes should you avoid, and where can you find free or low-cost help?

Do not assume a will avoids probate or skip filing the original. Do not distribute property before claims are addressed or overlook creditor notice. A small estate affidavit cannot transfer real estate and is unavailable when letters are outstanding or a petition for letters is pending or contemplated in Illinois or elsewhere.

If you have no lawyer and are in a Cook County probate case, or may need to open one, start with the Probate Division's resources. The clerk's probate page links to a list of free and low-cost legal services. The Division also lists Chicago Volunteer Legal Services' Probate Court Assistance Program, which offers pro bono representation to low-income people referred by probate judges and screened by CVLS. Do not assume you qualify.

The Division lists a Minor Guardianship Help Desk for people without lawyers seeking guardianship of a minor. For that separate topic, visit the firm's minor guardianship service page. To ask the firm a question, contact the office.

This guide provides general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.