What Is the Probate Process in Illinois?
Illinois offers three options for settling an estate. Small estates may be settled without probate. Larger estates are settled by filing in probate court, where either limited or full supervision is available.Governing LawThe Illinois Probate Act of 1975 provides definitions and regulations for settling estates.Definition”Settling an estate” involves three activities: gathering the deceased person’s assets, paying unpaid bills and distributing the remaining assets.Small EstatesIllinois considers an estate with no land and less than $100,000 in assets a small estate. The estate administrator completes an affidavit that summarizes the estate and explains how the assets will be distributed. The affidavit must be notarized, but no probate court filing is required.Limited SupervisionThe estate administrator may file a final accounting with the probate court after handling the details of settling the estate. The judge reviews and approves the accounting but is not otherwise involved in the c
