Guidance Through Every Step of Estate Administration.

After the loss of a loved one, administering an estate can feel overwhelming. Whether the process involves probate, the administration of a living trust, or both, Crawford Law provides clear guidance to help families understand their responsibilities and move the estate forward as efficiently as possible.

What is Probate?

Probate is the court-supervised process for administering a person’s estate after death.

When someone dies owning assets that cannot otherwise pass directly to another person, probate may be necessary to provide legal authority to manage and transfer those assets. The court may appoint an executor named in a will, or an administrator when there is no will, to act on behalf of the estate.

Probate administration can include identifying and collecting assets, addressing debts and creditor claims, handling property, resolving issues among interested parties, and ultimately distributing the remaining estate to the people legally entitled to receive it.

A will does not avoid probate. A will provides instructions for how probate assets should be distributed and may nominate the person who will administer the estate, but the will itself does not generally remove those assets from the probate process.

Court Involvement

Probate is a court proceeding. Depending on the circumstances, the representative may need court authority to administer estate assets and must comply with Illinois probate procedures throughout the administration.

Real Estate

Real estate can trigger probate.

If a person dies owning real property in their name and there is no trust, survivorship arrangement, transfer-on-death instrument, or other effective means of transferring title, a probate proceeding may be necessary to establish authority to deal with and transfer the property.

Time & Expense

Probate does not happen overnight. Notice requirements, creditor claims, court procedures, asset issues, taxes, disputes, and other circumstances can affect how long administration takes. Probate can also involve attorney’s fees, court costs, publication expenses, bond premiums, and other administrative costs.

Public Process

Probate proceedings are public court records. Petitions, orders, inventories or accountings when required, and other filings may become part of that record. Proper estate planning can often allow certain assets to transfer outside the probate process.

Having a will does not mean your estate avoids probate.

Understanding how your assets are titled, and how they transfer at death, is just as important as having the right legal documents in place.

When is Probate required in Illinois?

Not every estate requires probate. Whether probate is necessary depends largely on what the person owned, how those assets were titled, and whether another method exists for transferring them after death.

In Illinois, probate is generally necessary when a person dies owning real estate in their name or leaves more than $150,000 in personal property that must pass through the estate. Smaller estates may qualify for administration using an Illinois Small Estate Affidavit rather than opening a formal probate estate.

The $150,000 Threshold

Illinois provides a simplified procedure for certain smaller estates.

A Small Estate Affidavit may generally be used for qualifying personal property when the decedent’s personal estate passing under a will or intestacy does not exceed $150,000, subject to the statutory requirements. If the applicable estate exceeds that limit, formal probate may be necessary.

How Assets Are Titled Matters

Not everything a person owns necessarily becomes a probate estate.

Assets held in a properly funded living trust, jointly owned property with survivorship rights, and accounts with valid beneficiary designations may transfer outside probate. This is why determining whether probate is required involves more than simply adding up everything a person owned.

When is the right time to create an estate plan?

Estate planning is easy to put off. You may be waiting for the right age, the right financial milestone, or simply a less busy time.

But planning is about making important decisions while those decisions are still yours to make.

  • The best time to create a plan was yesterday. The next best time is TODAY!

    There is no particular age or level of wealth required to begin estate planning. Marriage, children, buying a home, building assets, retirement, and other life changes can all create reasons to plan. Just as importantly, powers of attorney and incapacity planning can matter at any stage of adulthood.

  • No! Estate planning is not simply planning for death. An important part of a comprehensive plan is deciding who can make financial and healthcare decisions for you if you become unable to make them yourself.

    Over the age of 18? You might not need a living trust yet, but a power of attorney for healthcare should be considered, amongst other things.

  • No! “I don’t have enough for a trust.” One of the most common mistaken statements we hear.

    Estate planning is about much more than the size of an estate. It can address who manages your affairs during incapacity, who receives your property, who cares for minor children, and how your assets are transferred. It can also be about avoiding probate.

  • You should review your estate plan at least annually. Reviewing your plan helps ensure it still reflects your wishes.

    Major life events (marriage, divorce, the birth of a child), a significant change in assets, retirement, the death or incapacity of someone named in your plan, or a move to another state, are all good reasons to review your documents.

  • You don't need to know before you begin. Part of the planning process is understanding your circumstances, discussing your goals, and determining which legal tools are appropriate for you.

The best time to plan was yesterday.

The next best time is today.

Ready to Protect What Matters?

Whether you’re ready to create an estate plan, need guidance after the loss of a loved one, or simply aren’t sure where to begin, Crawford Law is here to help. Tell us a little about what bring you here, and we’ll take it from there.