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It does not depend on whether or not there is a valid will. Generally, a formal probate court proceeding is necessary in Illinois only if: there are assets that the deceased person owned solely (not jointly), and. all of the probate assets, together, are worth more than $100,000.
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On average, for a fairly simple estate with an effective Executor and no disputes, probate in Illinois can cost around $4,000 - $6,000.
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The probate process can be complex, time-consuming, and often requires the knowledge of an Illinois probate attorney. However, under certain circumstances, it is possible to file probate without an attorney using tools such as the Illinois Small Estate Affidavit.
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In order to initiate the probate process, the decedent's original Will (if applicable) must be filed with the Circuit Clerk in the county where the decedent resided at the time of death. Next, a Petition to open probate estate must be filed.
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Illinois law allows for a Small Estate Affidavit to be used for estates valued under a specific monetary threshold. With this affidavit, heirs can claim assets without going through the probate process, making it a quicker and less complicated option for smaller estates.
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