Legal Question in Wills and Trusts in Illinois

Illinois requires probate upon a death. Can a family member file for probate or do you have to have a lawyer do it?


Asked on 12/31/16, 8:48 am

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Generally, the executor or administrator is going to want or need to have a lawyer. In Cook County, many of the judges will not allow the administrator to open an estate without an attorney. In any case, if the estate is large enough to require probate, then it's large enough to warrant hiring a probate attorney.

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Answered on 12/31/16, 8:53 am
Virginia Prihoda Law Offices of Virginia Prihoda

"Illinois requires probate upon a death" isn't necessarily a true statement, depending on how the decedent's property was titled. A consultation with an attorney would help you determine what property held by the decedent makes court action necessary, and how to conform to the requirements of Illinois law if court action is needed.

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Answered on 12/31/16, 9:27 am


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