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Probate

Contact Information

119 W. Madison Street, Room 201

P.O. Box 617

(815) 434-8671

Description

The major functions of Probate Court include the supervision of estates for those who have died or become disabled, and related affairs of a minor. Due to the complexity of laws and procedures in probate, you are encouraged to seek the advice of a lawyer.

The word "probate" is not part of our common vocabulary. It is derived from Latin words meaning "a thing that is approved" and "to test and find good." In Illinois, a Probate Court is a particular court which has power over the administration of the estates of deceased persons, as well as living persons whom the law recognizes as being unable to handle their own affairs.

Generally, three types of matters are handled in Probate Court:

  • The administration of the property of a deceased person ("Decedent's estate ")

  • The administration of personal and financial affairs for any individual suffering from extreme mental and/or physical disabilities ("Disabled's estate ")

  • The supervision of the financial affairs of someone under eighteen years of age ("Minor's estate ")

The particular law that applies in any of these cases is written in the form of statutes, which are drafted by the State Legislature and signed into law by the Governor. From time to time, these statutes are applied by Courts throughout the State of Illinois, with the written and reported Court decisions providing interpretations of the statutes which must be followed.

Any citizen can find himself or herself involved in a Probate Court proceeding, either through the death of a relative or the disability of a friend or other family member.