Frequently Asked Question:
Is Probate Required for All Estates?

No, it is not. Set forth below is a simple chart showing the need for probate in certain cases. In other cases, the protections and mechanisms of probate are sought out as matter of legal strategy.

Estates Subject to Probate in Illinois

Assets Not Subject To Probate

Certain assets are not subject to probate. Generally speaking, the test for determining if an asset is subject to probate is whether (a) it was owned at the time of death by the decedent (person who died) and (b) the terms of ownership do not provide for an automatic transfer on death to a new holder. Examples of assets not subject to probate include the following:

• Assets held by joint owners with right of survivorship
• Assets with named beneficiaries such as life insurance policies or annuities
• Assets held in corporate, trust etc. name.

At the date of death, it is the duty of the Executor (if there is a will) or Administrator (if there is no will) to determine what assets the decedent owned and how the decedent held them (joint owner, etc.). The Executor/Administrator then has a duty to request probate (administration if no will) for any assets subject to probate.

For more information on probate and other estate planning topics, see:

• Estate Planning FAQs
  • Imminent Death
  • Wills and Probate
  • Preparing for Estate Planning Meeting
  • Estate Planning: Your Personal Mission Statement
  • Revising an Estate Plan

For more information contact us at 847-253-8800 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it