Southern Illinois Probate Attorneys

Probate begins when the executor named in the will — or an interested party if there is no will — files a Petition for Probate with the circuit clerk in the county where the decedent lived at the time of death (755 ILCS 5/5-1). The petition is filed along with the original will (if one exists), a certified death certificate, and information identifying the decedent’s heirs.

The court reviews the petition, holds a brief hearing, and — if everything is in order — admits the will to probate and issues Letters of Office (also called Letters Testamentary when there is a will, or Letters of Administration when there is not). These letters are the executor’s legal authority to act on behalf of the estate. Without them, banks, financial institutions, and government agencies will not release assets or provide account information.

Filing fees vary by county. In Southern Illinois, families should expect to pay approximately $250 to $500 or more to open an estate, depending on the county. Some courts also require the executor to post a bond unless the will expressly waives this requirement.

This first step is often the most confusing for families, which is one of the primary reasons people hire a probate attorney. An attorney handles the petition drafting, schedules the hearing, and obtains the Letters of Office so the executor can begin working immediately.

Once the estate is open, the executor has a legal duty to notify all interested parties. Under 755 ILCS 5/18-3, the executor must publish a notice to creditors once each week for three consecutive weeks in a newspaper published in the county where the estate is being administered. The notice must include the decedent’s name, the executor’s name and address, the attorney’s name and address, and a deadline for filing claims — which must be not less than six months from the date of first publication.

In addition to publication, the executor must mail or deliver individual notice to every creditor whose name and address are known or reasonably ascertainable. Known creditors include mortgage lenders, credit card companies, medical providers, and any other entity the executor knows or should know holds a claim against the decedent.

The executor must also notify all beneficiaries named in the will and all intestate heirs (if there is no will). This step is not optional — it is a statutory requirement, and failure to provide proper notice can delay closing the estate or expose the executor to personal liability.

The six-month creditor claims period is one of the primary reasons probate takes as long as it does. Final distributions to beneficiaries generally cannot occur until this window has closed, regardless of how straightforward the estate may be.

The executor must identify, locate, secure, and value all assets in the estate. This means gathering information on bank accounts, investment accounts, retirement accounts, real property, vehicles, personal property, business interests, and anything else the decedent owned at the time of death.

Illinois law requires the executor to prepare and file an Inventory with the court, typically within 60 to 90 days of receiving Letters of Office. The inventory lists each asset and its value as of the date of death. For real estate, business interests, and valuable personal property, a professional appraisal may be necessary. The appraisal cost depends on the type of property, but families should expect to pay $300 to $1,500 or more per property appraised.

Because Olson & Reeves co-owns Mt. Vernon Title Company, we can handle title searches and real property issues that arise during the inventory process without sending families to a separate company. When probate involves a home, farmland, or other real estate, that kind of coordination saves time and avoids miscommunication between different offices.

While the estate is open, the executor is responsible for managing estate property, paying ongoing expenses (mortgage, insurance, utilities, property taxes), and reviewing creditor claims as they come in. The executor must either allow or disallow each claim. If a claim is disallowed, the creditor has the right to petition the court for a hearing.

When the estate is ready to pay debts, Illinois law requires payment in a specific priority order under 755 ILCS 5/18-10. The seven classes of claims, from highest to lowest priority, are:

Class 1: Funeral and burial expenses (reasonable amounts).
Class 2: Costs and expenses of estate administration (filing fees, attorney fees, executor fees).
Class 3: Reasonable and necessary medical, hospital, and nursing home expenses for the decedent’s last illness.
Class 4: Debts and taxes with preference under federal law.
Class 5: Debts owed to the State of Illinois or any of its agencies.
Class 6: Claims for child support and maintenance arrears.
Class 7: All other claims (general unsecured debts — credit cards, personal loans, etc.).

Higher-priority classes must be paid in full before lower-priority classes receive anything. If the estate does not have enough assets to pay all claims within a class, those creditors share proportionally. An executor who pays a lower-priority creditor before a higher-priority creditor can be held personally liable for the difference.

Illinois also provides for a surviving spouse’s award under 755 ILCS 5/15-1. The surviving spouse is entitled to receive a minimum award of $20,000, plus an additional $10,000 for each minor or dependent child of the decedent who was living with the surviving spouse. This award takes priority over most creditor claims and is paid to help the family maintain basic support during the administration process.

The executor is responsible for filing all required tax returns on behalf of the decedent and the estate. At a minimum, this includes the decedent’s final individual income tax return (federal Form 1040 and Illinois Form IL-1040), due by April 15 of the year following death. If the estate itself earns income during administration — from interest, rent, or the sale of assets — the executor must also file an estate income tax return (federal Form 1041).

For larger estates, estate tax returns may also be required:

Illinois Estate Tax: Illinois imposes an estate tax on estates with a gross value exceeding $4,000,000. The tax is imposed on the estate itself, not on individual beneficiaries, and graduated rates range from 0.8% to 16%. The Illinois estate tax exemption is not indexed for inflation and is not portable between spouses. The Illinois estate tax return (Form IL-700) must be filed within nine months of death. See 35 ILCS 405/.

Federal Estate Tax: Under the One Big Beautiful Bill Act signed into law on July 4, 2025, the federal estate and gift tax exemption was permanently increased to $15,000,000 per individual ($30,000,000 for married couples using portability), indexed for inflation beginning in 2027. This means most families will not owe federal estate tax. However, because the Illinois exemption remains at $4,000,000, Illinois families with estates between $4 million and $15 million may owe state estate tax while owing nothing to the IRS. This gap makes proper administration and tax planning essential.

The federal estate tax return (Form 706) is due nine months after death for estates exceeding the federal threshold. The executor may request a six-month extension for filing (but not for payment). Estate taxes owed to both Illinois and the federal government are paid from the estate’s assets before distribution to beneficiaries.

After all debts, expenses, and taxes are paid and the creditor claims period has expired, the executor distributes the remaining assets to the beneficiaries according to the will, or to the heirs under Illinois intestacy law (755 ILCS 5/2-1) if there is no will.

Distribution may include transferring title to real estate (by executor’s deed), distributing bank and investment accounts, dividing personal property, and making cash distributions. The executor should obtain a signed receipt from each beneficiary acknowledging what they received.

Under independent administration, the executor closes the estate by mailing or delivering a final accounting to all interested parties and filing a verified report with the court (755 ILCS 5/28-11). If no objections are filed within a reasonable period, the executor is discharged and the estate is closed. Under supervised administration, the final accounting must be formally approved by the court before the executor can be released.

For a straightforward estate administered independently, the entire process typically takes 9 to 12 months in Southern Illinois. More complex estates — those involving real property in multiple counties, business interests, tax issues, or creditor disputes — can take 12 to 18 months or longer.

Most probate estates in Southern Illinois take between 9 and 18 months to complete, depending on the size of the estate, whether real property is involved, and whether any disputes arise. The single biggest factor driving the timeline is the mandatory six-month creditor claims period under 755 ILCS 5/18-3, which must run its course before final distributions can be made regardless of how simple the estate may be.

Under independent administration, which is the default in most Illinois estates, the executor can manage the estate with minimal court involvement. This keeps the process moving as efficiently as possible. Supervised administration, which requires court approval for most actions, takes longer. Estates that involve real property in multiple counties, business interests, tax issues requiring IRS clearance, or uncooperative beneficiaries can take 18 to 24 months or more.

The cost of probate in Illinois depends on the size and complexity of the estate. Every estate will incur court filing fees (typically $250–$500+ depending on the county) and newspaper publication costs for the required creditor notice ($150–$400). Attorney fees for a straightforward probate administration in Southern Illinois typically average between $2,500 and $5,000, though larger or more complex estates will cost more. All probate expenses are paid from the estate’s assets, not directly from the family’s personal funds.

Other costs may include appraisal fees for real estate or valuable personal property, accounting or tax preparation fees if the estate requires professional returns, and bond premiums if the will does not waive the bond requirement. The executor is also entitled to reasonable compensation under 755 ILCS 5/27-2, though many family members who serve as executor waive this. During your initial consultation, we will give you a clear estimate of what your specific estate is likely to cost so there are no surprises.

Yes, if the estate qualifies. Under 755 ILCS 5/25-1, as amended by Public Act 104-0346 (effective August 15, 2025), heirs can collect a decedent’s personal property without opening a probate case if the gross value of personal property — excluding motor vehicles registered with the Illinois Secretary of State — does not exceed $150,000, no real property is titled in the decedent’s name alone, and at least 30 days have passed since the date of death.

The small estate affidavit is presented directly to the institutions holding the decedent’s assets — banks, brokerage firms, the Secretary of State for vehicle transfers — and does not require any court filing. However, the person who signs the affidavit assumes personal liability for paying the decedent’s debts before distributing anything to beneficiaries. If creditors appear later or the estate’s total value was underestimated, the affiant can be held liable. Because of this risk, we recommend consulting with an attorney before using one.

Independent administration allows the executor to manage the estate — including selling property, paying debts, and distributing assets — without prior court approval for most actions. Supervised administration requires the executor to obtain court approval before taking significant steps. Independent administration is faster, less expensive, and the default method in Illinois unless the will prohibits it or a court orders supervised administration for good cause. See 755 ILCS 5/28-1.

In practice, the vast majority of estates in Southern Illinois proceed under independent administration. Even under independent administration, any interested person — a beneficiary, heir, or creditor — retains the right to petition the court if they believe the executor is mismanaging the estate. The system is designed to give the executor flexibility while preserving a safety valve for anyone who has concerns.

If a person dies without a will in Illinois, their estate is distributed according to the state’s intestacy laws under 755 ILCS 5/2-1. If there is a surviving spouse and descendants, the spouse receives one-half and the descendants share the other half equally. If there is a surviving spouse but no descendants, the spouse inherits everything. If there are descendants but no spouse, the descendants split the estate equally.

Dying without a will does not mean the estate avoids probate — it typically means the opposite. Probate is almost always required because there is no will directing how assets should be distributed and no executor named to act. The court must appoint an administrator, follow the statutory intestacy rules, and supervise the distribution. This is generally more time-consuming and more expensive than probate with a valid will in place. For a detailed explanation of Illinois intestacy rules and how to protect your family, visit our estate planning page.

Illinois does not legally require you to hire an attorney for probate, and an executor is permitted to represent themselves. However, probate involves strict statutory deadlines, mandatory court filings, creditor notice requirements, tax obligations, and fiduciary duties that carry personal liability if mishandled. For most families, hiring a probate attorney is the safest and most cost-effective way to ensure the estate is administered correctly.

The most common mistakes executors make without an attorney include failing to publish proper creditor notice (which can leave the executor personally exposed to late claims), paying debts in the wrong priority order (which can create personal liability under 755 ILCS 5/18-10), missing tax filing deadlines, and distributing assets before the creditor claims period has expired. An attorney handles these procedural requirements so the executor can focus on the substantive decisions — like how to deal with a family home or how to divide personal property among beneficiaries.

An executor (or administrator, if there is no will) is the person legally responsible for managing the deceased person’s estate from start to finish. Their duties include filing the probate petition, obtaining Letters of Office, notifying heirs and creditors, inventorying and valuing estate assets, paying valid debts in the order required by Illinois law, filing tax returns, distributing remaining assets to beneficiaries, and filing a final accounting with the court.

The executor is a fiduciary, which means they owe a legal duty of loyalty and care to the estate and its beneficiaries. This is not a ceremonial role. An executor who neglects their duties, pays themselves before creditors, makes unauthorized distributions, or fails to keep accurate records can be held personally liable for losses to the estate. The executor is also entitled to reasonable compensation under 755 ILCS 5/27-2, though many family members who serve as executor waive compensation.

Yes. An executor who breaches their fiduciary duty — by mismanaging assets, paying debts in the wrong order, making unauthorized distributions, failing to file required tax returns, or self-dealing — can be held personally liable for losses to the estate. Illinois law imposes strict obligations on executors, and the courts take those obligations seriously.

One of the most common liability traps is the creditor priority rules under 755 ILCS 5/18-10. If an executor pays a lower-priority creditor (or distributes assets to a beneficiary) before a higher-priority claim is satisfied, the executor can be personally liable for the difference. Another common issue is premature distribution — if the executor distributes assets to beneficiaries before the six-month creditor claims period has expired and a valid claim later surfaces, the executor may be required to pay out of pocket. This is one of the primary reasons executors benefit from working with a probate attorney.

Yes. Under 755 ILCS 5/27-2, executors and administrators are entitled to “reasonable compensation” for their services. Illinois does not set a specific percentage or formula — what qualifies as reasonable depends on the size and complexity of the estate, the time and effort the executor devoted, and the results achieved. The court has final approval over the amount.

In practice, executor compensation in Illinois typically falls in the range of 1% to 5% of the estate’s value for straightforward estates. Many family members who serve as executor choose to waive compensation entirely, particularly when they are also a primary beneficiary. The executor is also entitled to reimbursement for reasonable out-of-pocket expenses incurred during administration, such as travel costs, postage, and fees for certified copies. Executor compensation is taxable income and is reported as an expense of the estate.

Before any beneficiary receives a distribution, the executor must pay all valid debts and expenses of the estate in the priority order required by 755 ILCS 5/18-10. The seven classes of claims, from highest to lowest priority, are: (1) funeral and burial expenses, (2) estate administration costs, (3) last-illness medical expenses, (4) debts with federal preference, (5) debts owed to the State of Illinois, (6) child support and maintenance arrears, and (7) all other general unsecured debts.

The surviving spouse’s award under 755 ILCS 5/15-1 — a minimum of $20,000 plus $10,000 per qualifying child — also takes priority over most creditor claims. If the estate does not have sufficient assets to pay all claims within a given class, those creditors share proportionally. Higher-priority classes must be paid in full before the next class receives anything. Beneficiaries are last in line. This is why the inventory and debt analysis are among the most important steps in probate — the executor needs to know what the estate owes before deciding what the estate can distribute.