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If a loved one has passed on and you are the executor of their estate you need to be sure if you have to open a probate case. Depending on the deceased person’s assets you might not have to open a probate case, which will save the estate time and money.


Obviously every estate is different, and I would recommend talking to a probate attorney (this does not constitute legal advice) if you have any questions about the process. Before taking that step, here are a few guidelines for estates that do not require a probate case be opened:

  1. The estate contains no real estate,
  2. The estate has no claims or debts, and
  3. The estate has less than $100,000.00


Remember, if you do meet these requirements you might not have to open a probate case in Illinois. However, I would talk to a local probate attorney who could evaluate your exact situation and give you advice. I personally have opened and closed many estates in Kane and Cook counties, and I would be delighted to provide you quality legal service for your estate.