If you have been named executor for someone who lived in Chicago, IL, you probably have more questions than answers. This page gives a plain-English overview of how probate generally works in Illinois, what attorneys typically charge, and what to ask. Always confirm specifics with a licensed attorney.
Illinois probate basics (general summary)
Estates in Chicago are opened in the Circuit Court of Cook County's Probate Division. Illinois commonly uses 'independent administration,' which limits court supervision, and provides a small-estate affidavit for modest estates. A licensed Illinois attorney can tell you which applies.
Every estate is different, and rules, thresholds, and deadlines change. Nothing here replaces advice from a licensed Illinois attorney who has reviewed your situation.
Fees and how to choose
What it costs. Hourly, flat-fee, and (in certain states) statutory-percentage arrangements are all common. Get the structure, what it includes, and what triggers extra charges in writing. Attorney fees are generally an estate expense.
Questions for the first call. Does this estate need probate, and which kind? How do you charge and what is excluded? Who does the work? How long do estates like this take in Cook County? Verify licensure with the Illinois bar.
Timeline
Uncontested estates commonly take six months to a year or more, largely because of mandatory creditor notice periods and court scheduling. Simplified procedures for smaller estates can be much faster. Disputes, real estate in more than one state, and tax issues extend the process.
Related steps. After the attorney confirms who may act, the family can plan an estate sale or cleanout in Chicago. Our first 90 days timeline shows how these pieces fit together.
How attorneys appear on Estate Next Steps
We do not refer clients to attorneys or accept per-lead payments for legal services. Attorneys listed for Chicago pay a flat advertising fee for a clearly labeled featured listing. We do not rate or rank attorneys. Verify any attorney's license with the Illinois bar before engaging them.