Legal Question in Wills and Trusts in Illinois

Re: Probate

The decision of whether to open a probate estate usually has nothing to do with whether there is a Will. The deciding factor is usually the extent and type of assets that need to pass through the probate estate (e.g. assets titled in decedent's sole name, tenancies in common, no living designated beneficiary, etc.). If there is no real estate and the rest of the estate is valued under $100,000 then a small estate affidavit (SEA) may be able to be used in lieu of probate. But an SEA is not advisable in all situations and an attorney should be consulted when making the decision because the affiant can be held personally liable for an improper affidavit.