The loss of a loved one is an emotional and difficult time. In your time of mourning, the idea of handling the probate of the deceased’s will or probate of their estate can be daunting. There are many questions that need to be answered before distributing the estate and that can be a demanding endeavor. You don’t need to navigate estate administration alone. We guide you step-by-step so you can focus on your family, not the paperwork. Here, at the Law Offices of Lauren E. Jackson, we understand the process of estate administration. If you are the executor or administrator of an estate and are not familiar with your duties, it is important to work with an experienced and respected probate attorney. Let us take the burden off you. Schedule a free consultation now.
Why Choose Lauren Jackson Law for Your Probate Needs
We understand that probate can feel overwhelming — especially when you’re grieving and trying to meet legal deadlines. Our firm is built on personal service, local experience, and a genuine commitment to helping families through this process with clarity and care.
Here’s what sets us apart:
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Extensive regional experience: For more than 15 years, we’ve helped families throughout Kane, DuPage, McHenry, and Cook Counties navigate probate and estate administration with confidence. Our firm knows the county court systems inside and out, helping your case move smoothly and efficently.
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Transparent fees: We offer clear, upfront pricing and flat-fee options for many probate services — no hidden costs or billing surprises.
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Efficient communication: We keep you informed every step of the way, so you always know what’s happening with your case.
What You Must Do as Executor / Administrator
There are many duties that an executor of an estate may have to fulfill. We understand that every situation is unique but here is a helpful list to get started.
- Get a copy of the will and file it with the local circuit court clerk
- Notify banks and credit card companies of the decedent’s death
- Set up a bank account in the name of the estate for any incoming bills
- Finding and contacting the people named in the will
- Finding the deceased person’s assets
- Continuing necessary payments
- Paying final income taxes
- Pay off debts and creditors
- Property distribution
- Represent the estate in court
If this list seems daunting and you do not want to tackle this difficult situation alone, contact us today to set up an appointment. We pride ourselves on our service.
Services to our Clients
- Conduct a thorough assessment of your situation and advise you on your best course of action
- Conduct a comprehensive review of any documentation and explain it so it is easy to understand
- Help you devise a step by step plan regarding the things you need to do to properly settle the estate
- Help you identify all those who need to be notified
When is Probate Required in Illinois?
As probate attorneys, we advise clients that formal court administration, known as probate, is generally required in Illinois if the decedent’s assets meet one of two primary conditions:
- If the estate includes real estate titled solely in the deceased person’s name or as a tenant in common; or
- If the total value of the deceased person’s personal assets that do not automatically transfer (i.e., those without joint ownership or a designated beneficiary) exceeds the statutory threshold.
- This threshold was recently increased to $150,000 for estates of decedents passing away on or after August 15, 2025, estates below this limit and with no real estate may often utilize a simplified Small Estate Affidavit procedure.
If you meet either of the two triggers formal probate is necessary to legally settle debts, resolve disputes, and transfer title to the heirs or beneficiaries.
Click here for the Seven Steps to Handling a Probate in Illinois!
⭐ Client Reviews
We’re proud to have helped hundreds of families across the Chicagoland area navigate the probate process with confidence and peace of mind. Here’s what some of our clients have said about their experience working with Lauren Jackson Law:
“I contacted this Law office to help me after my Dad passed. It had to go thru probate, and both Lauren & Kathleen & the staff are very knowledgeable, helpful & very nice!!!! I would call them and set up an appt for your needs!! They work hard for you!! Would use again!!;)”
— Avvo
“I had an excellent experience working with attorney Lauren Jackson. From our very first consultation, she was professional, attentive, and incredibly knowledgeable. She took the time to listen to my concerns, clearly explained my options, and guided me through the entire legal process with confidence and compassion.”
“Lauren was recommended by our Tax Consultant/Advisor and we couldn’t be any happier. Making appointment was a breeze, Lauren sat with us to understand our needs and prepared the Living Trust documents after guiding us through IL state regulations. Subsequently, we retained Lauren for another real-estate – easement matter. Highly recommended, remarkable turnaround and great service.”
Contact Me Today
847-714-2866
Frequently Asked Probate Questions
What happens to a house when the owner dies and there are no heirs?
When a homeowner dies with no known heirs, what happens to the house depends on how it was owned. If the home was placed in a trust, the successor trustee continues mortgage payments and follows the trust’s instructions for selling or transferring the property. If the home was owned solely in the deceased person’s name, a probate estate must be opened in the county where they lived to manage the property and settle debts. The executor handles mortgage payments until the estate can sell the home or transfer ownership. If no action is taken, the lender may foreclose after several missed payments. Read full answer.
How do I find out if a probate estate has been opened?
To find out if a probate case has been opened for someone who has died, start by checking the county court where the person lived at the time of death. Most probate court records are available online through the county circuit clerk’s website, where you can search by name. Helpful research links can be found at laurenjacksonlaw.com/legalresources. If you do not find an existing probate case and need to open one as a creditor, contact an experienced probate attorney. Probate filings require specific forms and procedures, and errors can result in the case being rejected or dismissed. Read more…
Do beneficiaries have a right to see a copy of the trust?
Yes, if you are named as a beneficiary in a trust, you are legally entitled to a copy of the trust and an annual accounting of the estate. Trustees are required by law to provide this information, regardless of whether they wish to or not. The best first step is to request the documents directly from the trustee, but if they refuse, you may need to involve an attorney. Often, an attorney will start by sending a formal demand letter, and if that fails, filing a lawsuit may be necessary. Depending on the estate’s size, it’s best to try resolving the matter without litigation, but legal action may be the only way to protect your rights.
Are you responsible for your parents’ debt?
No, you are not responsible for your parents’ debt when they die. If a parent dies with debt in their name, the estate—not the children—handles it through a legal process that may include opening probate, notifying creditors through newspaper publication and direct notice, and paying valid claims from estate assets. Creditors have six months to file claims, and if debts exceed assets, they receive only a proportional payment—neither the heirs nor the estate administrator must pay the difference personally. The only exception is if you co-signed a loan with your parent, in which case you would be legally responsible for that debt. If you have questions about estate planning or administering an estate, we’re here to help.
What does an executor of an estate do?
If you’ve been named executor of an estate, your role involves several legal responsibilities, and working with a probate attorney is strongly recommended. Your duties include notifying creditors, canceling credit cards, informing Social Security, and returning any post-death benefits. You must open a probate estate, obtain a federal tax ID number, create an estate bank account, and keep meticulous financial records. Debts must be paid before any distributions are made to the beneficiaries, and a full accounting of the estate must be provided. If real estate is involved, you’ll also be responsible for maintaining, managing, and selling the property until it is distributed or sold.
How Much Does a Probate Attorney Cost in Illinois?
In Illinois, probate attorney fees are usually based on either the value of the estate or an hourly rate. Some attorneys charge a flat percentage of the estate’s value, usually between 2% and 5%. For example, a $200,000 estate might result in approximately $4,000 to $10,000 in legal fees.
Along with attorney fees, there are court filing fees, executor fees, and other administrative expenses—which are generally paid from the estate itself, not out of the executor’s pocket.
We strive to offer a clear, honest understanding of what to expect before getting started. Our goal is to make the process as efficient, transparent, and stress-free as possible. For straight forward probate cases, we offer a flat-fee billing option; the fee depends on which county the court case needs to be filed. If the probate case becomes contested, we will have to transition the billing to hourly since litigation changes the amount of time that must be spent on the case.
How long does Probate take?
Probate in Kane County, Illinois typically takes between 6 to 12 months, largely due to legal requirements and procedural steps. The process begins with filing a petition and appointing an executor, which takes about 1–2 months, followed by a mandatory six-month creditor claim period. During probate, the executor collects assets, pays debts and taxes, and may need additional time if real estate must be sold. Once debts are settled, a final accounting is submitted, and assets are distributed to heirs within 1–2 months. Delays often occur due to family disputes, missing financial records, real estate issues, out-of-state property, tax complications, or missed court deadlines. Working with a knowledgeable probate attorney helps keep the process organized, on schedule, and minimizes mistakes. The attorney’s office offers to assist with filing documents, communicating with the court and creditors, and guiding families through the probate process. Read more…
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