Illinois Estate Planning & Probate Lawyer

Planning your estate is one of the most important steps you can take to protect the people you love. In Illinois, where probate can take months and estates over $100,000 often require formal court oversight, having a clear plan in place brings stability and peace of mind. 

If you live in Chicago, the suburbs, or anywhere across the state, Duffley Law helps families build thoughtful plans that reflect their wishes and reduce future burdens for those they leave behind.

Many clients come to us unsure of where to begin. As one client shared, “They were extremely thorough, explained everything every step of the way, and made putting together a comprehensive estate plan very easy. My wife and I were concerned about not having any plan, and all of this was put to rest working with Duffley Law.”

Illinois families often have significant home equity, retirement savings, or blended-family considerations that need to be addressed carefully. 

With the state’s $4 million estate tax threshold, small estate affidavit limit of $100,000, and probate handled through local courts such as Cook, DuPage, Lake, and Will counties, the right plan can prevent delays, protect assets, and support your loved ones when it matters most.

What Is Estate Planning and Why It Matters in Illinois

Estate planning is the process of deciding who will manage your affairs, care for your loved ones, and receive your property if something happens to you. In Illinois, an effective plan often includes a will, a revocable living trust, powers of attorney, and advance directives. 

These documents work together to protect your wishes, prevent confusion, and make transitions easier for your family.

Estate planning is especially important in Illinois because of how the state handles probate and taxes. Under the Illinois Probate Act, estates over $100,000 or those that include certain real estate usually require formal probate through the local Circuit Court.

This process can take months in a typical case, or longer, especially when there are unresolved questions about heirs or property.

Illinois also has its own state estate tax, with a $4 million exemption. Many families with homes and larger retirement accounts may cross this threshold more easily than expected. A thoughtful plan can help minimize tax exposure and keep more of your estate in the hands of the people you love.

For many Illinois families, the home is their largest asset. Whether it’s a house in Chicago, the suburbs, or downstate communities, proper titling and trust planning can keep property out of probate and make transfers smooth and secure.

By planning ahead, you confirm that your decisions, not court procedures, guide what happens next.

Our Estate Planning and Probate Services in Illinois 

We guide families through every step of estate planning and probate, offering strategic legal solutions that are practical, affordable, and tailored to your situation.

• Wills
• Trusts
• Revocable living trusts
• Powers of attorney for healthcare and finances
• Guardianship planning 
• Advance directives 
• Asset protection strategies 

• Probate of wills and intestate estates (no will)
• Property and asset distribution

How Probate Works in Illinois

Probate in Illinois is the legal process that settles a person’s estate after they pass away. The court confirms the will, identifies heirs, appoints a representative, and oversees the payment of debts and distribution of property.

In most cases, probate is handled through the Circuit Court in the county where the person lived, such as Cook, DuPage, Lake, or Will County.

In Illinois, probate is generally required when an estate is worth more than $100,000 or includes real estate titled solely in the decedent’s name. Smaller estates may qualify for a small estate affidavit, but only if certain conditions are met.

Here is the typical probate process:

1. Filing the Case
   An interested party files a petition with the local Circuit Court to open the estate.
2. Appointment of Executor or Administrator
   The court appoints someone to manage the estate, depending on whether there is a valid will.
3. Notice to Heirs and Creditors
   Illinois law requires that heirs and creditors be notified before the estate is distributed.
4. Inventory and Accounting
   The representative identifies and values all assets, including bank accounts, real estate, and personal property.
5. Payment of Debts and Claims
   Legitimate debts, taxes, and final expenses are paid from the estate.
6. Distribution to Beneficiaries
   Once obligations are satisfied, remaining assets are distributed according to the will or, if there is no will, according to Illinois intestacy laws.

Clear planning can help families avoid delays and reduce the stress of navigating court procedures.

Why Choose Duffley Law

Families and property owners across Illinois choose Duffley Law because they want a partner who listens, explains, and gets results.

• Local Knowledge: We handle matters throughout Illinois with care and experience.
  
• Compassionate, Honest Counsel: Clients describe us as kind, fair, and easy to talk to.
  
• Experience You Can Trust: From wills and trust preparation to creating effective powers of attorney, Duffley Law has guided Illinois families through estate planning challenges with care and precision.
  
• Clarity and Confidence: Our goal is to make it so you’ll know what’s happening, why it matters, and how we’re protecting your assets from probate and other risks.

Common Mistakes Illinois Families Face

Families across Illinois often delay or simplify estate planning, not realizing how easily small mistakes can create major complications later. Some of the most common issues include:

• Not having a will and assuming the state will distribute property the way you intend
• Relying only on joint ownership, which often falls well short of a full estate plan
• Failing to create powers of attorney, leaving loved ones unable to make medical or financial decisions
• Overlooking the Illinois estate tax, which generally applies to estates over $4 million
• Not using trusts or other tools to avoid probate for real estate or larger estates
• Leaving outdated beneficiary designations on accounts and policies
• Improperly titling property, especially for families with multiple homes or investment properties
• Skipping planning for minor children, including guardianship and financial management
• Assuming a small estate affidavit always applies, when many estates still require a “full” probate under Illinois law

These mistakes are avoidable with the right guidance. A thoughtful plan makes sure your family does not face unnecessary delays, court involvement, or financial uncertainty.

About Duffley Law: Your Trusted Advisors 

Duffley Law serves families across Illinois with estate planning and probate guidance grounded in clarity and personal attention. Founded by Jack Duffley, our firm focuses on making the legal process understandable and tailored to your family’s needs.

Clients often tell us they appreciate how we explain each step in plain language and take the time to understand what matters most to them.

We believe estate planning should feel reassuring, not overwhelming, and that probate should be handled with steadiness and care during a difficult season.

If you need a will, a trust, powers of attorney, or support navigating the Illinois probate courts, our team is committed to providing guidance that feels both professional and personal. We help families make confident decisions and protect the people they love.

What Our Clients Are Saying

Illinois families choose Duffley Law for guidance that feels clear, personal, and truly supportive during life’s most important decisions. These client experiences reflect what we work to deliver every day.

“They were extremely thorough and explained everything every step of the way.”  — Dr. Dave

Our plans are built with this same care for every client, using trusts, beneficiary strategies, and blended-family protections designed to keep loved ones out of court and aligned with your wishes.

“They genuinely cared and made everything easy to understand.”  — Mathis O.

This reflects our commitment to careful, customized planning. Every document is discussed together so you know what you’re signing and why it matters.

“They held our hand through the process and answered every question.”  — Pastor Mosley

This is the heart of our approach: kindness, respect, and human communication. You get clear direction and the comfort of knowing someone is truly looking out for your goals.

“They made the process so easy, and they are very fast at getting things done.”  — Roganne T.

Speed and clarity go hand in hand. We return messages quickly, keep paperwork moving, and make sure you never feel lost or uncertain.

Local Resources We Work With in Illinois 

Families across Illinois often work with the following offices and institutions during estate planning and probate:

• Cook County Probate Division — Richard J. Daley Center, 50 W. Washington St., Chicago, IL
• DuPage County Circuit Court – Probate — 505 N. County Farm Road, Wheaton, IL
• Lake County Clerk of the Circuit Court — 18 N. County St., Waukegan, IL
• Will County Probate Court — 100 W. Jefferson St., Joliet, IL
• Illinois Secretary of State — For notary, property, and business filings
• Illinois Department of Revenue — Estate tax information and forms
• Chicago Title & Local Title Companies — Common partners in trust funding and real estate transfers

Areas We Serve in Illinois

We offer services across Illinois, including: 

• Chicago
• Aurora
• Rockford
• Joliet
• Naperville
• Springfield
• Peoria
• Elgin
• Waukegan
• Cicero
• Champaign–Urbana
• Bloomington–Normal
• Evanston
• Schaumburg
• Orland Park
• Oak Lawn
• Skokie
• Tinley Park
• Arlington Heights
• Decatur

Schedule a Consultation

If you’re ready to protect your family, avoid probate, or settle an estate with confidence, Duffley Law is here to help.

We offer estate planning and probate services tailored to your needs and handled with compassion.

Your future deserves clarity, not confusion. Contact Duffley Law to see how we can help you plan ahead with confidence.te planning and probate attorney today.