Opening Probate

• If you decide to probate the will, you must file a petition with the county clerk after filing the will. If the will does not specify a person as the executor, the court must approve any person appointed as executor. At the time of publication, the fee in Cook County to file a petition is $159 if the estate is worth less than $15,000 and $319 if the estate is worth more than $15,000. The fees in your county may differ.
  
  

Probate Hearing

• The probate judge schedules a probate hearing to establish that the will is valid, appoint the executor and provide interested persons with the opportunity to contest the will. If no one contests the validity of the will, the executor must send any beneficiaries of the will a copy within 14 days.
  
  

Executor Duties

• The executor must manage the estate's finances until probate closes. This includes paying all creditors and filing taxes for the estate. If necessary, the executor must sell estate assets to pay creditors. If the will specifies, the executor must liquidate the entire estate before dispersing money to the heirs.
  
  

Closing Probate

• After paying all debts and estate taxes, the executor gives the court a complete accounting of his activities. The judge has to approve of any changes in the distribution of assets if an heir died before the decedent. Illinois probate law states that the probate must remain open for at least six months to give creditors time to file a claim. After six months, if the estate has no further unfinished business, such as selling or appraising assets, the judge closes probate and the executor can distribute the estate's property to the heirs.