Real Estate in Their Name Alone
Property without a co-owner or transfer-on-death deed typically requires probate to transfer title.
No Living Trust Was in Place
Assets held outside a trust or joint ownership generally must pass through the probate court.
Estate value over $100,000
Illinois requires formal probate for estates exceeding $100k in gross value without beneficiary designations.
No Will (Intestate Estate)
When there is no will, Illinois law determines who inherits — and the court must oversee the process.
Disputed Claims Among Heirs
Family disagreements or contested wills require court supervision to resolve fairly and legally.
Outstanding Debts or Creditors
Creditors must be formally notified and claims settled before assets can be distributed to heirs.
