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Probate Division. The Probate Division hears actions concerning the probate and contest of wills and testamentary instruments; claims against an estate arising in contract, tort or otherwise; actions and proceedings arising under the Illinois Probate Act of 1975, 755 ILCS chapter 5 et.
Even if the will is not going to be probated, anyone who is in possession of the will of a decedent must bring the will to the Probate Court for filing.
When a person dies in Illinois, anyone who has a claim against a decedent's estate —whether it is a contract, tort, or statutory custodial claim—may file that claim with the estate representative or with the court.
You may contact Joseph Fleming at 312-603-7546 or joseph.fleming@cookcountyil or the Probate Division Staff Attorney at 312-603-7545 or probate.divatty@cookcountyil with administrative or procedural inquiries.
In Illinois: The maker of a will must be 18 years old and be of sound mind and memory. The will must be in writing. The will must be signed by the maker and must be witnessed by two witnesses in the special manner provided by law.
The Probate Court in the county where the decedent was living at the time he or she died.
The Probate Division is located on the 18th Floor of the Richard J. Daley Center. The Office of the Clerk of the Circuit Court for the Probate Division is located on the 12th Floor of the Richard J. Daley Center.
The Estate's attorney will send a copy of the Will to the Executor, the person who is responsible for filing for Probate, managing the decedent's property and making sure the provisions of the Will are carried out. The Estate's attorney will also send a copy of the Will to anyone who is named as a beneficiary.
While this is a general framework, the Illinois probate process can take six months to two years or even longer. Factors like estate complexity, court backlog, and the cooperation of heirs influence the length of probate in Illinois. Simple estates with few assets and a valid will progress faster.
The surety bond protects the obligee by guaranteeing performance to the obligee if the principal does not fulfill their obligation. Obligated to be liable for the performance of a contract, debt or failure of a duty of another party.