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- GA: 1-470-567-1529
When a loved one passes away, the legal and financial matters left behind can feel overwhelming—especially when the estate must go through probate. At Hampton & Hampton LLP, our trusted Chicago probate attorneys provide compassionate, experienced guidance for executors, administrators, and family members across Cook County and the surrounding areas.
Located in the heart of Chicago, we serve clients throughout Cook County, DuPage County, Will Counties, and Lake Counties. Whether your loved one left a will or died without one, our firm is here to help you settle the estate efficiently, legally, and respectfully.
Probate is the legal process by which the court oversees the administration of a deceased person’s estate. In Illinois, probate ensures that:
If your loved one died with a will, the court will appoint the person named as executor to manage the estate. If your loved one died without a will, the court appoints an administrator and distributes assets according to Illinois intestate succession laws.
Not all assets go through probate. Assets with named beneficiaries (like life insurance or retirement accounts), jointly owned property, and assets held in a trust usually bypass the probate process.
Illinois probate laws are complex, and even small estates can become complicated if there is family conflict, creditor claims, or unclear documentation. Our Chicago estate attorneys help you:
At Hampton & Hampton LLP, we guide you through every stage of the probate or estate administration process, whether you’re named in a will or stepping in as next of kin. Our services include:
Whether you’re an executor, administrator, or surviving heir, our team ensures your responsibilities are handled with professionalism and legal precision.
| Topic | Probate | Estate Planning |
|---|---|---|
| When it Happens | After death | While you're alive |
| What It Does | Court-supervised process to distribute a deceased person’s assets | Legal preparation to manage your assets during life and after death |
| Court Involvement | Required in most cases unless assets are held in trust or have beneficiary designations | None (planning avoids probate) |
| Key Documents | Will, Letters of Office, Court Orders | Will, Trust, Power of Attorney, Health Care Directives |
| Who It Helps | Your loved ones, heirs, and beneficiaries by ensuring your assets are legally transferred after your passing. | You, your loved ones, heirs, and beneficiaries by organizing your wishes and protecting your assets in advance. |
| Goal | Administer the estate and transfer property | Prevent court involvement, reduce taxes, and ensure your wishes are followed |
| Scenario | What You May Need | How We Help |
|---|---|---|
| A will needs to be filed in Cook County | Petition to Probate Will | We file your petition and secure Letters of Office for the executor |
| There’s no will | Petition for Letters of Administration | We help identify heirs and administer the estate under Illinois intestacy laws |
| Disputes over inheritance or capacity | Probate Litigation | We represent beneficiaries, executors, and family members in contested probate |
| Need access to bank accounts or property | Letters of Office | We obtain court-issued authority for you to act on behalf of the estate |
| Real estate needs to be sold or transferred | Probate Court Approval | We guide you through the legal sale or title transfer process under Illinois law |
No. If the estate’s total value is under $100,000 and doesn’t include real estate, it may qualify for a Small Estate Affidavit. However, estates involving real property or disputes usually require formal probate.
Typically 6 to 12 months, though complex estates or disputes can take longer. We help keep your case on track and reduce delays where possible.
An executor is named in a will; an administrator is appointed by the court when there is no will. Both serve similar roles in managing the estate.
Yes. With proper estate planning tools like revocable living trusts, transfer-on-death deeds, and beneficiary designations, probate can often be avoided or simplified.
We offer flat fees or hourly rates, depending on the complexity of your case. During your consultation, we’ll provide transparent, written estimates so you know what to expect.
If you’re facing the probate process after the death of a loved one—or need help avoiding probate altogether — Hampton & Hampton LLP is here to help.
We proudly serve clients throughout Cook County and surrounding areas, including Chicago and beyond. Let us help you honor your loved one’s legacy while protecting your family’s future.