When a loved one passes away in Chicago, their estate often goes through probate, a legal process that can feel overwhelming without proper guidance. Understanding how long probate takes and what steps are involved helps families prepare for the journey ahead. At Peck Ritchey, LLC, we guide clients through every stage of the probate process in Chicago with clarity and compassion.
Why Choose Peck Ritchey, LLC for Your Probate Needs
Probate in Cook County requires local expertise and a deep understanding of Illinois law. Peck Ritchey, LLC brings over 100 years of combined experience helping Chicago families manage estate administration efficiently. Our legal team knows the Cook County Probate Court system, understands the timelines that apply, and communicates clearly with our clients every step of the way.
When you work with us, you gain a trusted partner who understands your family’s needs during a difficult time. We handle administration of estates, trusts, and guardianships with the professionalism and attention to detail your family deserves.
What Is Probate in Illinois?
Probate is the legal process through which a court validates a will, appoints an executor or administrator, and oversees the distribution of a deceased person’s assets to beneficiaries. In Illinois, probate serves an important purpose: it ensures that debts are paid, taxes are settled, and assets are transferred according to the person’s wishes or state law.
There are two main types of probate cases:
- Testate probate occurs when the deceased left a valid will
- Intestate probate happens when someone dies without a will, and state law determines how assets are distributed
Not all assets require probate. Property held in joint ownership, accounts with named beneficiaries, and assets in a revocable living trust typically bypass the probate process entirely.
Probate Timeline in Chicago: What to Expect
One of the first questions families ask is: “How long will this take?” The answer depends on several factors, but understanding the typical timeline helps set realistic expectations.
Minimum Timeline: 6 Months
Illinois law requires a six-month waiting period for creditors to file claims against the estate. This is the absolute minimum timeframe, even for the simplest estates. During this period, the executor publishes notice to creditors and manages the estate’s affairs.
This creditor notice requirement is mandated by Illinois Probate Code Section 18-3 and cannot be shortened, regardless of estate complexity. The Cook County Probate Court enforces these timelines strictly.
Typical Timeline: 9 to 12 Months
Most uncontested probate cases in Cook County take between nine and twelve months from start to finish. This timeline allows for the initial court filings, executor appointment, creditor notification, asset inventory, debt payment, and final distribution to beneficiaries. Many families find this timeframe manageable when they have experienced probate attorney guidance from the beginning.
Extended Timeline: 1 to 3+ Years
Complex estates often take longer. Disputes between beneficiaries, contested wills, significant tax issues, or the need to sell real estate can extend the process considerably. Some cases take two to three years or longer, depending on the circumstances. Peck Ritchey, LLC has extensive experience handling probate, trust, and guardianship litigation, which means we can handle even the most complicated situations.
Key Steps in the Illinois Probate Process
Understanding the probate process helps families know what to expect. Here’s how probate typically unfolds in Chicago:
- File the will and petition with the Cook County Probate Court
- Executor appointment and issuance of Letters of Office
- Notify heirs and creditors within 14 days of the court’s order
- Publish a notice in a newspaper for unknown creditors
- Inventory estate assets within 30 to 60 days, depending on the administration type
- Pay debts and taxes from estate funds
- Prepare the final accounting showing all transactions
- Distribute remaining assets to beneficiaries
- Close the estate with court approval
Each step has specific deadlines and requirements under Illinois law. Working with an experienced probate attorney in Chicago ensures nothing is missed, and the process moves forward efficiently.
Supervised vs. Independent Administration in Illinois
Illinois law offers two paths for probate administration, and the choice affects both timeline and court involvement.
Independent Administration
Independent administration gives the executor more autonomy and typically moves faster. The executor can handle many tasks without court approval, reducing the number of hearings required. This approach works well for uncontested estates where beneficiaries agree on the distribution plan.
Independent administration usually takes less time and involves fewer court appearances, making it an attractive option for straightforward estates. This is often the preferred method for families seeking to minimize probate costs and timeline.
Supervised Administration
Supervised administration requires court approval for major decisions. The executor must file inventories, accountings, and distribution plans with the court for review. While this approach takes longer and involves more formal hearings, it provides additional protection when disputes exist or when beneficiaries request court oversight.
Supervised administration is often necessary when the will is contested or when beneficiaries have concerns. Peck Ritchey, LLC has handled numerous contested estate matters and can guide you through supervised administration with confidence.
Small Estate Affidavits: A Faster Alternative
Not every estate requires full probate. Illinois offers a streamlined process for smaller estates through a small estate affidavit.
If the estate’s total value is $150,000 or less in personal property and contains no real estate, beneficiaries may use a small estate affidavit to transfer assets without going through formal probate. (For deaths on or after August 15, 2025; prior deaths may have a $100,000 threshold.)
This process takes weeks instead of months and avoids many of the court requirements and expenses associated with traditional probate. The small estate affidavit is a valuable tool that can significantly reduce both time and costs for qualifying estates.
Peck Ritchey, LLC can evaluate your situation and determine whether a small estate affidavit applies to your family’s circumstances. This option can save significant time and money when it’s available. Contact us to discuss whether this streamlined approach works for your family.
Frequently Asked Questions
How long does probate actually take in Chicago?
Most probate cases take 9 to 12 months, but the timeline varies based on estate complexity, whether disputes exist, and whether the administration is supervised or independent. Simple estates may close in 6 months, while complex cases can take 2 to 3 years or longer. The key is having an attorney who can accurately predict your timeline based on your specific circumstances.
Can probate be expedited?
While the six-month creditor notice period cannot be shortened, working with an experienced probate attorney helps avoid delays. Staying organized, responding promptly to court requests, and minimizing disputes all help move the process forward efficiently. Peck Ritchey, LLC works proactively to keep probate cases on track.
What happens if there’s no will?
When someone dies without a will, Illinois’ intestacy laws determine how assets are distributed. The probate process still occurs, but the court follows state law rather than the deceased’s wishes. An administrator is appointed instead of an executor. Illinois intestacy law prioritizes spouses and children, then other relatives in a specific order.
Do all estates go through probate?
No. Assets held in joint ownership, accounts with named beneficiaries, and property in a trust typically avoid probate. Small estates under $150,000 in personal property with no real estate may qualify for a small estate affidavit instead. Many families benefit from proper estate planning to minimize probate requirements.
What are the executor’s responsibilities during probate?
The executor manages the estate’s affairs, including notifying beneficiaries and creditors, inventorying assets, paying debts and taxes, and distributing remaining assets. The executor also files required documents with the court and maintains detailed records. This role carries significant legal responsibility, and executors often benefit from attorney guidance.
How much does probate cost?
Probate costs vary based on estate size and complexity. Typical expenses include court filing fees, attorney fees, executor compensation, and appraisal costs. Peck Ritchey, LLC can discuss fee structures and help you understand what to expect for your specific situation.
Let Peck Ritchey, LLC Guide You Through Probate
The probate process doesn’t have to feel overwhelming. With the right legal guidance, families navigate this transition smoothly and protect their interests. Peck Ritchey, LLC has helped countless Chicago families through probate, and we’re ready to help yours.
Our legal team brings decades of experience in the administration of estates, trusts, and guardianships, along with expertise in probate litigation when disputes arise. We also provide guidance on trust administration and breach of fiduciary duty matters.
Contact Peck Ritchey, LLC today to discuss your probate needs. Call (312) 201-0900 to schedule a free confidential consultation and learn how we can support your family during this important time. Our firm serves clients throughout Chicago, the North Shore, and the western suburbs from our offices in Chicago, Northbrook, Oak Brook, and Lake Forest.