Losing someone you love is hard. And somewhere in the middle of that grief, you may find yourself named executor of an estate, holding a will you’ve never seen before, and wondering where to begin. You don’t have to figure it out alone — and you shouldn’t have to.
Before you hire a probate attorney, take a moment to understand what you’re stepping into. Probate is not just paperwork — it’s a legal proceeding with deadlines, costs, and responsibilities.
One thing worth knowing before you make that first call: not every estate requires formal probate. In Illinois, estates valued under $150,000 with no real estate may qualify for a simplified Small Estate Affidavit — a much faster and less costly process. A good probate attorney will tell you upfront whether you actually need full probate or whether a simpler path is available to you.
If formal probate is necessary, here are the questions I hear regularly from clients. They are exactly the right questions to ask — and any attorney worth hiring will answer them without hesitation.
How do you bill for your services? Legal fees should never feel like a mystery. Ask whether the attorney bills hourly, charges a flat fee, or uses a combination of both. Find out when invoices go out and what additional costs to expect beyond attorney’s fees — things like court filing costs, publication fees, and possibly a bond. A straightforward answer to this question tells you a lot about how the whole relationship will go.
What portion of your practice is devoted to estate planning, probate, and trust administration? The law is simply too complex for true generalists. You want someone who spends a meaningful portion of their time in this area of the law. Focused experience means fewer missteps, greater efficiency, and a smoother process for your family.
How long will this take? This is one of the first things families want to know, and it’s a fair question. In Illinois, a straightforward probate typically takes nine to twelve months from the time the estate is opened. More complex estates — those with real estate, business interests, creditor disputes, or family disagreements — can take longer. A good attorney will give you a realistic picture of the timeline based on the specifics of your situation.
How responsive are you? This is where many attorney-client relationships fall apart. Ask how communication is handled. How quickly are calls or emails returned? Will you be working directly with the attorney or primarily with support staff? You deserve timely updates and clear answers throughout the process.
What documents should I have? Don’t worry if you don’t have everything. We’ll work through it with you. But here’s what to look for: original will, the death certificate, bank and investment account statements, real estate deeds, life insurance policies, retirement account information, any outstanding debts, and names and contact information for all heirs and beneficiaries. Come in and present what you have. Our goal is to make this process as straightforward as possible for you.
How do you decide which cases to accept? A thoughtful attorney is selective, and that’s actually a good sign. If your matter isn’t the right fit for their practice, they should be honest with you — and ideally point you toward someone better suited to help.
Choosing a probate attorney during an already difficult time is an important decision. Ask direct questions, expect direct answers, and work with someone who treats your family’s matter with the care and attention it deserves.
If you have questions about the probate process in Illinois, I’m happy to talk. We offer free consultations at our offices in St. Charles and Elgin, and we can also meet by phone or Zoom. Contact us today.