Illinois Probate & Estate Administration

Probate in Illinois is the process of distributing a person's estate according to their will or the state laws if there is no will. It involves court oversight to ensure debts and taxes are paid and assets are given to the right people. This article will cover the steps, types and responsibilities of what is probate in Illinois.

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In this article, we will explain the rights of a surviving child in Illinois probate.  Similar to the award a surviving spouse receives upon the death of his or her spouse, children also have rights and are entitled to certain awards when a parent dies under Illinois law.   A surviving child’s rights depend on whether the child is a minor or is an adult with a disability, whether the deceased individual is survived by a spouse, and whether the child lives with the surviving spouse.  We will explain the surviving child’s rights in each of these circumstances.

The first responsibility of the executor is to make sure the will is properly filed with the county court. This varies depending on where the deceased person lived, so the executor will have to determine the proper place to file the will based on residence. Next, the executor is responsible for filing a petition for probate. This must be completed within 30 days or the court may determine the executor unfit to handle the estate. The probate court will officially name the person appointed as the executor and will provide them with the correct documentation to be able to work with financial institutions and government bodies to marshal the assets of the estate for distribution to heirs and creditors.