Probate Court Representation

Although it is our desire to help everyone avoid probate, we understand it is a legal requirement when someone dies without proper planning. There are many details in probate law that must be followed, or the representative could be held personally liable. At Piercey & Associates, we use our years of experience to ensure the process is as quick as possible while following probate law. We also delegate as much work to our paralegals to reduce our legal fee which results in more funds for the beneficiaries!

WHAT IS PROBATE?

A civil court procedure, processed under State and County regulations, where an administrator is named by a Judge to handle the affairs of someone who passed away without proper planning. This may include the administration of their Last Will and Testament or distribution to their heirs-at-law depending on the estate.

DO I NEED A PROBATE?

This is dependent on state law. In Illinois, whether probate is required depends on the type and value of the assets your loved one left behind, and when they passed away.

Real Estate
Probate is required when the estate includes real estate titled solely in the decedent’s name or held as tenants-in-common.  This applies regardless of the property’s market value or equity, unless proper estate planning was in place.

Other Assets

• • • For deaths before August 15, 2025:
      Probate is required if the decedent owned $100,000 or more in assets without a joint owner or beneficiary designation. Vehicles count toward this $100,000 limit. If the estate is worth less than $100,000 and does not include real estate, it may be settled using a Small Estate Affidavit, which avoids probate.
    • For deaths on or after August 15, 2025:
      Probate is required if the decedent owned $150,000 or more in assets without a joint owner or beneficiary designation. Vehicles are excluded from this $150,000 limit. If the estate is below $150,000 and does not include real estate, it may qualify for settlement with a Small Estate Affidavit instead of probate.

    Important Note: A valid Last Will and Testament does not avoid the need for probate. It simply tells the Court who will be managing your affairs when you pass and who will be receiving your estate assets. Proper planning is the best way to avoid probate.

    HOW LONG DOES IT TAKE?

    The process can take anywhere from a few months to a few years.  The duration is contingent on:

    1. The county’s rules and regulations,
    2. The administrator’s pace,
    3. The accountant’s pace,
    4. Beneficiary and heir cooperation, and
    5. Whether a claim is filed in the estate requiring legal resolution.

    Depending on the complexity of the estate, we usually complete our tasks within 1-4 weeks of receiving all necessary information.

    For more information about Probates, call our office for a 30-minute free consultation.