Within a few weeks of a death, the legal questions start arriving. The bank wants letters of office before it will release funds. The mortgage company is asking who is authorized to make decisions about the house. The Social Security Administration has stopped the deposits. Adult children are wondering whether they need probate at all, or whether the small estate affidavit will work instead. At Naperville Law Offices, we handle probate matters in the DuPage County Probate Division so families can focus on the part that actually matters — grieving and rebuilding — while the legal process moves through the system.
What Probate Looks Like in DuPage County
Illinois probate runs through the circuit court of the county where the decedent lived. For Naperville residents, that is the DuPage County Probate Division at the Wheaton courthouse. A case opens when an interested party files a petition, attaching the original will if one exists. The court issues Letters Testamentary when there is a will naming an executor, or Letters of Administration when there is no will or the named executor declines to serve. Those letters give the personal representative legal authority to act for the estate.
From there, the executor or administrator collects assets, gives notice to creditors under 755 ILCS 5/18-3, evaluates and pays valid claims, files an inventory, handles tax matters, and ultimately distributes what remains to the heirs or beneficiaries. Most DuPage County probate estates resolve within nine to fourteen months. Cases involving will contests, complex assets, or family disputes take longer.
When Probate May Not Be Necessary
Not every Illinois estate requires probate. Under 755 ILCS 5/25-1, a small estate affidavit can be used to collect personal property when the estate (excluding real estate held outside the decedent’s name alone) does not exceed $100,000. Real estate held in a revocable trust passes outside probate to the trust’s named beneficiaries. Property held in joint tenancy passes to the surviving joint tenant by operation of law. Retirement accounts and life insurance with named beneficiaries pass directly to those beneficiaries.
Whether probate is required depends on what assets exist, how they are titled, and what the family is trying to accomplish.
Services We Provide
Our probate practice supports executors, administrators, and beneficiaries with:
- Petition for probate of will and Letters Testamentary
- Petition for Letters of Administration in intestate estates
- Small estate affidavit work under 755 ILCS 5/25-1
- Creditor notice and claim resolution
- Estate inventory and accounting
- Real estate transfers from estates
- Distribution of bequests and residuary estates
- Final account and discharge of the representative
- Will contests and probate litigation
- Heirship determinations
- Removal of a fiduciary who is not performing
- Trust administration coordinated with probate
How We Approach the Work
The executor or administrator is usually doing the job for the first time, and the learning curve is real. We handle the procedural work — filings, notices, court appearances, accountings — and translate what is happening into plain language along the way. The family ends up with a representative who feels supported rather than overwhelmed.
Contact Naperville Law Offices
If you have been named executor of an estate, or if a loved one has died and the family is uncertain what comes next, contact Naperville Law Offices for a confidential consultation.