Losing a loved one is never easy — and handling their estate afterward can make an already difficult time even more overwhelming. In Illinois, the probate process is often required to ensure that a deceased person’s debts are paid and their assets are properly distributed. For families in Naperville and Chicago, working with an experienced probate administration attorney can make this process far less stressful.



In this guide, we’ll explain what probate law is, how it works in Illinois, and how VW Law can support you every step of the way.

What Is Probate Law?

Probate is the legal process used to settle a person’s estate after they pass away. The probate court ensures that:

• The deceased person’s will is validated (if one exists)
• Debts and taxes are paid
• Assets are distributed to beneficiaries

The court will appoint an executor (if one was named in the will) or a personal representative to handle estate duties. This person is responsible for tasks such as filing paperwork, attending court hearings, and working with attorneys to address any legal disputes — including situations where a will is contested.

Because probate can be time-consuming and complex, families often benefit from working with a probate attorney who can guide them through the process and reduce the stress of navigating court requirements.

How Long Does Probate Take in Illinois?

The length of probate varies based on the size and complexity of the estate. In Illinois, probate typically takes six months to a year, though larger or contested estates may take longer. During this time, creditors must be notified, debts paid, and the distribution of assets overseen by the court.

Having a lawyer involved early can help prevent unnecessary delays and ensure that the process is handled correctly from the start.

How Can a Person Avoid Probate Court?

In some cases, it’s possible to bypass probate altogether. Illinois law allows individuals to create estate plans that reduce or even eliminate the need for probate. Common tools include:

• Living Trusts – Assets held in a trust pass directly to beneficiaries without going through probate.
• Joint Ownership with Right of Survivorship – Certain jointly owned property may transfer automatically to the surviving owner.
• Payable-on-Death (POD) Accounts – Bank accounts with a named beneficiary can transfer funds without probate.

If your loved one put these measures in place, VW Law can help finalize the remaining legal details and ensure a smooth transition of assets.

What If My Loved One Died Without a Will?

When someone passes away without a will — known legally as dying intestate — the Illinois probate court will distribute assets according to state law. Typically, the nearest relatives (spouse, children, or parents) inherit the estate, and one of them may apply to become the estate’s representative.

Because intestate succession can involve complicated legal rules, it’s important to work with a probate lawyer who understands the process. VW Law assists families in Naperville and Chicago through these difficult situations with compassion and clear guidance.

Why Work With a Probate Administration Attorney?

Probate can feel overwhelming, especially when your family is already dealing with grief. An attorney can:

• Ensure all court documents are filed correctly and on time
• Guide you through complex Illinois probate laws
• Help resolve disputes, including contested wills
• Protect your rights and the interests of beneficiaries
• Reduce stress by handling the legal details for you

At VW Law, our probate attorneys understand both the legal challenges and the emotional weight that come with settling an estate. We are committed to helping you and your family through the process with care and respect.

Contact VW Law Today

If you are facing the probate process after losing a loved one, you don’t have to go through it alone. The probate administration attorneys at VW Law are here to support families in Naperville and Chicago with clear guidance and compassionate representation.