How long does an Illinois Probate last?
An Illinois Probate case will generally last at least six months due to the necessity of the claims publication requirement under the Illinois Probate Act. Thus, a typical Illinois Probate will run between six and twelve months. However, if litigation is involved, an Estate may be open in Court for several years.
Also, even though most probate cases will last between six and twelve months, the representative of an estate will be able to gain access to estate funds immediately upon opening the estate and the issuance of the Letters of Office (the official court document confirming the appointment). If there are no large anticipated debts or claims against the estate, the representative has the power to distribute some (or all, as the case may be) of the estate assets to the beneficiaries at any time during the estate administration.
In addition, in the Cook County Probate system, there will likely be some additional time needed to probate the Estate due to the delay that comes from the high volume of cases. Because of this, the Cook County Probate courts have a specialized calendar system that randomly assigns cases to the various Cook County Probate judges.