Probate

We are a licensed, affordable, and reputable attorney group serving Central Illinois. If you’ve recently lost a loved one and are unsure what to do next, we can help you understand your options and guide you through each step of the probate process.

About Our Probate Services

We are trusted probate attorneys serving Central Illinois, including Washington, Peoria, Metamora, and the surrounding communities.

When a family member passes away, their assets often must be collected, debts and taxes paid, and remaining property distributed to heirs or beneficiaries. In Illinois, this process is governed by the Illinois Probate Act of 1975, and it may involve:

Formal probate in court
Use of a small estate affidavit when appropriate
Administration of trusts and non-probate assets (such as beneficiary-designated accounts)

Our attorneys help families choose the right path, avoid unnecessary court involvement where possible, and complete the required steps efficiently and correctly.

What Is Probate?

Probate is the legal process that recognizes a will and appoints the executor or representative who will distribute an estate to the intended beneficiaries and address the decedent’s final affairs.

In a typical Illinois probate estate, the court:

Confirms the validity of the will (if there is one)
Appoints an executor (if there is a will) or administrator (if there is no will)
Oversees the collection and valuation of assets
Ensures proper notice to creditors and heirs
Reviews and approves the final distribution of remaining assets

Not every estate requires a full probate case. Illinois law allows certain smaller estates to be handled with a small estate affidavit, and many assets—such as joint accounts, payable-on-death accounts, and life insurance with named beneficiaries—may pass outside probate entirely.

When Is Probate Required in Illinois?

A formal probate estate is often required when:
- The decedent owned more than $150,000 in assets in their name alone and
- Those assets do not pass by joint ownership, beneficiary designation, or trust; or
- There are disputes concerning the will, heirs, or administration of the estate.
For smaller estates, Illinois now permits use of a small estate affidavit for qualifying estates valued at $150,000 or less, excluding certain motor vehicles registered with the Illinois Secretary of State.
Our attorneys will review your specific situation—including the types of assets involved, how they are titled, and whether a will or trust exists—and then explain whether you truly need to open a probate case or whether a non-probate solution is available.

FREQUENTLY ASKED QUESTIONS

Do all estates have to go through probate?

No. Many estates can be settled without a full probate case, especially when:

The estate qualifies for a small estate affidavit under the current $150,000 threshold, or
Most assets pass by beneficiary designation, joint ownership, or trust.

We’ll review your situation and let you know whether probate is required.

How long does probate take in Illinois?

Every estate is different, but many formal probate estates in Illinois take nine to twelve months or more to complete, depending on:

The complexity and size of the estate
How quickly information and documentation can be gathered
Whether there are disputes among heirs or creditors

Smaller or simpler estates may be resolved more quickly, especially when a small estate affidavit can be used.

What if there is no will?

If there is no will, Illinois intestate succession laws determine who inherits. The court will appoint an administrator, and assets will be distributed according to statute rather than personal preference. We help families understand how those laws apply and what options they may have to resolve disputes or unequal contributions among family members.

Can your firm help with both probate and estate planning?

Yes. Our attorneys handle both:

Planning ahead with wills, trusts, and powers of attorney, and
Administering estates after a death.

Because we regularly design and administer estate plans, we understand how to coordinate probate and non-probate transfers, make use of small estate affidavits when appropriate, and anticipate issues that might arise for your family in the future.

Our Happy Clients

"Wonderful experience! Austin Nichols and all of his staff were very personable and professional. Mr. Nichols took the time to explain everything and made sure we understood everything. Highly recommend."
- Jody S.
"I have worked with two lawyers from this firm and they were both knowledgeable, skilled and compassionate in their dealings with me. There are not enough good things that I can say about the individuals that work here. If you need legal advice, check with Black, Black and Brown first before heading anywhere else. You will get clear and honest information in a professional manner that is difficult to find within this profession."
- Craig D.
"Estate Planning is never easy, but Austin Nichols of Black, Black & Brown, along with his amazing team, "held" our hands while working out the details to meet our very specific needs. When needing additional guidance, emails were answered promptly, and I was always able to reach someone by phone when it was needed. Great Service, & we highly recommend!"
- Cherie M.

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Schedule a conference with an attorney today.