Probate, Simplified with Gurney Law Group

In Illinois, probate typically takes 6 to 12 months for a standard estate. However, the exact timeline depends on several factors: 

• Complexity of the estate — Multiple assets, out-of-state property, or complicated financial situations can extend the process.
• Whether a will exists — A clear, properly executed will usually speeds things up.
• Creditor claim period — Illinois requires a minimum 6-month creditor claim window, which sets the earliest possible closing time for most estates.
• Heir disputes — Challenges to the will, disagreements among heirs, or contested claims can significantly delay the timeline.
• Court scheduling — The county probate court’s workload can also impact how quickly hearings are set.

Simple estates with no disputes and well-organized documentation often finish around the 6–9 month mark. More complex or contested estates may take a year or longer.

Not always. Small estates valued under $100,000 may qualify for a simplified small estate affidavit process that avoids formal probate. Additionally, assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts) or assets held in trust typically pass outside of probate.

However, real estate titled solely in the deceased’s name almost always requires probate before it can be sold or transferred. We can review your situation and advise whether probate is necessary or if alternatives are available.

Probate attorney fees in Illinois vary based on estate complexity, whether real estate is involved, and the services required. Some attorneys charge hourly rates, while others use flat fees for straightforward cases. At Gurney Law Group, we provide transparent fee information upfront so you know what to expect.

Contact us to discuss your specific situation and we’ll explain our fee structure clearly. Many executors find that proper legal guidance actually saves money by preventing mistakes and resolving issues efficiently.

Estate planning happens while you’re alive—creating wills, trusts, and plans to protect assets and provide for loved ones after your death. The goal is to make things easier for your family and potentially avoid or simplify probate.

Probate happens after someone dies—it’s the court-supervised process of settling their estate, paying debts, and distributing assets. Even with good estate planning, probate may still be necessary for certain assets, particularly real estate.

Gurney Law Group focuses on probate administration and estate settlement, helping executors and families navigate the process after a loved one has passed.

In most cases, no. If property was owned solely by the deceased, the executor typically needs court authority before listing or selling it. This is one of the steps in the probate process—obtaining permission from the probate court to sell estate real estate.

Once court authority is granted, the property can be listed and sold, though the sale proceeds usually remain in the estate until probate is complete and all debts and taxes are paid. We guide executors through this entire process and coordinate with realtors and buyers to ensure smooth closings.

Property is subject to probate in the state where it’s located. So if your loved one owned real estate in Illinois and another state, you may need to open probate proceedings in both states (called “ancillary probate” in the second state).

This adds complexity and cost, which is why proper estate planning with trusts can be valuable. If you’re dealing with multi-state property, contact us to discuss the best approach for your situation.

While Illinois law doesn’t require executors to hire an attorney, most find professional guidance invaluable. As executor, you have legal responsibilities and potential personal liability if mistakes are made. Probate involves court procedures, legal deadlines, creditor notifications, tax filings, and complex rules—especially when real estate is involved.

A probate attorney protects you by ensuring everything is handled correctly, represents the estate in court proceedings, and helps you fulfill your duties properly. Most executors find that professional guidance reduces stress, saves time, and prevents costly errors.