Legal Question in Wills and Trusts in Illinois

The existence or not of a Will does not control whether your father's estate will go into probate. A Will controls the terms of probate, but does not avoid it. The need for probate depends on how his assets are titled and the value of those assets.

As for the border, if she won't voluntarily leave, the estate representative would likely have to have her evicted through the court process.

Unless your father had a Trust, you will probably have to go through probate. There are a number of things that you can try to get the border out before considering an eviction. Feel free to call me to discuss. I won't charge for the phone call.