Probate

[CCBehrens]

How long should it take a Lawyer in Illinois to complete the Probate process? A friend of the family passed away 6 months ago, leaving his money to my mother. We paid all the nursing home bills and two weeks ago our lawyer said they were gathering data and were going to schedule a hearing date. How much longer should my mother expect to wait before she sees her inheritance? Some say another 6 months others have told us a matter of weeks.

 

[dmode101]

Six months is an absolute MINIMUM for a probate estate to be open in Illinois. By statute, the estate MUST be held open for at least 6 months (from the date of first newpaper publication) to give creditors an opportunity to file claims. From here on out, it could take weeks or monhts, it just depends on what remains to be done. Assuming you have notified all known or reasonably ascertainable creditors, estate taxes are not an issue, there are no disagreements over the will, all assets have been located and and any assets that need to be sold have been sold -- then you may be ready to distribute and close the estate. But these things can take time and the attorney will need to inventory and account for the estate and have it approved by the benes and the court. Good luck and happy holidays.