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Depending on the size of the estate and how backed up the courts are, probate could take months or even years. If the deceased left a will and no one contests it, in approximately one year the estate may be closed and any remaining assets will be distributed to beneficiaries.
The probate process in Illinois can last up to twelve months.
After a person dies, beneficiaries are usually notified within three months once a probate court receives the person's will, or within 60 days if the person had a trust. Typically, the executor or trustee is responsible for notifying beneficiaries.
Within 14 days after the Letters of Office are issued, a Notice to Heirs and Legatees must be sent to all known heirs. This Notice must include the Petition for Probate, the Order admitting the matter to Probate, and a description of the rights of the heirs.
Typically, you might receive a certified letter from the personal representative notifying you that you are a beneficiary. However, you can always contact the estate attorney to explain the will to you.
Deadline to close the estate: 14 months from the date the will is admitted to probate. If the estate remains open after 14 months, the court will expect the representative to account or report to the court to explain why the estate needs to remain open.
In Illinois, a will must be filed within thirty (30) days of a person's death. Failure to file a will in your possession is a felony under Illinois law. Again, the filing must be an original will ? the original signed document ? not a paper or electronic version of the will.
The two main rights that beneficiaries have are the right to information and the right to distributions. Beneficiaries have the right to receive certain information about the trust. The trustee needs to provide beneficiaries with an annual accounting describing payments and income of the trust.