Initiating the Probate Process: Filing a Petition for Probate

Deceased individuals who leave a will are likely to have already named an executor, the individual who will be responsible for fulfilling the terms of the will. However, in order for the executor to begin carrying out his or her duties, he or she must first file a petition for probate in order to be secure legal power through the probate process.

The process of filing a petition is not usually difficult when the executor has been named in the will, and the necessary forms are often readily available in these situations. However, it is imperative that this process be completed correctly so that the executor’s power is supported by the court. The petition process can become very important should an executor’s decisions or actions come under question during probate proceedings.

Filing a Petition to Probate

In Illinois, estates valued at more than $100,000 will almost always require probate proceedings. A few documents that you will likely need in order to file a petition for probate are:

  • The original Will
  • Notice of Petition to Administer Estate
  • Letters and Order to probate forms
  • Duties and Liabilities of Personal Representative

Illinois courts usually allow all creditors six months to file claims for payment. Other “interested persons” may contest probate of the estate, at which point a hearing will be required in order to move forward. Executors should consider retaining legal counsel in order to advise them throughout the probate process so that disputes may be properly addressed or avoided if possible.

Contact a Chicago Probate Attorney Today

If you have been named as an executor of a will, it is in your best interests to seek legal counsel from an experienced probate administration and litigation attorney who can help you take the right steps within the process. The Chicago probate attorneys at Peck Ritchey, LLC, understand how daunting the task may seem, but we are here to assist you in any way we can. Call (855) 328-5787 today to learn more about our legal services.


Attorney Kyle Fahey handled our matter with skill and professionalism, and was always responsive. 10/10, would work with him and the firm again.

–Jon T.

The peace of mind that Peck Ricthey's office has given me is worth every penny. The services they provided me and my family in an emergency medical situation is beyond outstanding. Last minute notice, Peter Brady and team were compassionate, understanding and most importantly efficient and got the job done. Look no further if you have any needs that this office can provide for you. Definitely in good hands! Thank you, a thousand times over for all of your help.

–Christine K.

Very responsive and knowledgeable at handling our brother’s estate. Would definitely recommend!

–Ralph C.

I solicited Peck Ritchey, LLC for assistance with a living trust for which I became the beneficiary. I needed assistance with understanding the details of how it all worked. However, I was especially concerned because there were threats of allegations made by family members and a lawsuit was filed against me. I needed a solid professional who had my best interests in mind. Peter Brady took my case and he managed it flawlessly. He explained everything in a way I could understand, he knew the law inside and out, he was always available to answer questions, and even offer support when things seemed like they could become extremely problematic. In addition to this, he had a plan. He navigated the course as if he already knew the next move by the opposing attorney. He made me feel like everything was in control and that’s because he knew exactly what he was doing and he consulted with me about everything. We ended up settling out of court and ultimately the court officially dismissed the lawsuit. I honestly believe if it wasn’t for Peter and his expertise this could have gone in an entirely different direction. Peter did a stellar job and I couldn’t be more pleased and impressed with his performance.

–John T.

Tim Ritchey is as smart, honest, and genuine as they come. He truly puts helping people above making money. If you have a need, don’t hesitate to hire him.

–Jay T.

View all