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In illinois, is probate court a must, after death?

My mom left us a will. She made me an Excutor. Her house is worth less then 500K, maybe around 400K. Me and my brother are in agreement. Her will was to split it 50/50. Do we have to go to probate court and how long do we have before we go to court? We would rather not use the court services unless we must. There is no other value nor money. I took original will to downtown to 12th floor, record it. They made me open self addressed evelope that mom originaly mail to her-self. is there a book that takes you step by step or on internet. I hate to go to courts, unless it is a must

Yes you have too go to probate. You might be able to do it yourself. Check with legal aide for free advice.

  1. CW
    March 14th, 2011 at 17:34 | #1

    Yes you have too go to probate. You might be able to do it yourself. Check with legal aide for free advice.
    References :
    cw

  2. perfectvelvet
    March 14th, 2011 at 18:20 | #2

    No, probating a will is not required. If there’s no controversy, just follow her wishes in the will and distribute everything evenly.

    If you’re totally clueless, you may want to consult an attorney, just to find out what you need to do. You’ll end up doing everything yourself anyway since you’re the executor, but they can tell you what you need to do.
    References :

  3. Howard L
    March 14th, 2011 at 18:41 | #3

    You must go through probate even though you and your brother are in agreement. The reason; there may be others that you don’t know about who have a claim against your mothers estate and they need to have an opportunity to file a claim. Taxes also might need to be paid.
    References :

  4. wizjp
    March 14th, 2011 at 19:03 | #4

    Small estate affidavit stops at 100 K in Il.

    IN addition, you’ve already filed the will.

    You’re already down the road; no turning back.
    References :

  5. Chas
    March 14th, 2011 at 19:26 | #5

    Yes you do. You can do it yourself, but part of probate involves announcing the death and asking all creditors to come forward for payment. In Nevada, for small estates they can take a letter from you. Yours will probably require a lawyer.
    References :
    chas

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