Probate Attorney in Villa Park, Illinois
Losing a loved one is hard enough. We guide executors, administrators, and families through the Illinois probate process with clarity, efficiency, and compassion.
DuPage County Probate Lawyer — Guiding Families Through What Comes Next
When someone passes away, their estate typically needs to go through probate — the court-supervised process of distributing assets, paying debts, and settling final affairs. Whether the deceased left a will or not, probate can be confusing, time-consuming, and emotionally draining for the people left to handle it.
At Chris J. Aiello, P.C., we’ve helped DuPage County families navigate probate since 1990. We handle the legal filings, court appearances, creditor notifications, and asset distribution so you can focus on your family. If you’ve been named executor or administrator — or if a dispute has arisen over an estate — we’re here to help.
Probate Services We Provide
- ✓ Supervised and independent administration of estates
- ✓ Filing petitions to open probate in DuPage County
- ✓ Executor and administrator guidance — duties, timelines, and fiduciary obligations
- ✓ Creditor notification and claims resolution
- ✓ Estate asset identification, valuation, and distribution
- ✓ Small estate affidavits — when full probate isn’t required
- ✓ Will contests and challenges — undue influence, lack of capacity, fraud
- ✓ Heir and beneficiary disputes
- ✓ Trust administration guidance for successor trustees
- ✓ Intestate succession — estates without a valid will
- ✓ Estate and inheritance tax considerations
How the Illinois Probate Process Works
Understanding the process reduces stress. Here’s a simplified overview of what to expect when probating an estate in Illinois.
File the Petition
We file the petition to open probate with the DuPage County Circuit Court and submit the original will (if one exists). The court appoints an executor or administrator.
Notify Creditors & Heirs
Illinois law requires formal notice to known creditors and published notice to unknown creditors. Heirs and beneficiaries are also notified of the proceedings.
Inventory & Manage Assets
The executor identifies, values, and safeguards all estate assets — real property, bank accounts, investments, personal property, and business interests.
Settle Debts & Distribute
Valid creditor claims are paid from estate assets. Remaining assets are distributed to beneficiaries according to the will — or Illinois intestacy law if there’s no will. The estate is then closed.
Why Families Choose Chris J. Aiello, P.C. for Probate
Probate isn’t something most people deal with more than once or twice in their lives. When it comes up, it’s usually during one of the most difficult times a family faces. We handle the legal complexity so you don’t have to figure it out on your own.
When There’s No Will (Intestate Estates)
If your loved one died without a will, Illinois intestacy law determines who inherits and in what proportions. The court will appoint an administrator. We guide families through this process and help avoid costly mistakes during administration.
When There’s a Dispute (Contested Probate)
Disputes over wills and estates are more common than people realize — challenges based on undue influence, lack of testamentary capacity, or improper execution can delay the process for months or years. We represent both petitioners and respondents in contested probate matters and work to resolve disputes as efficiently as possible.
Serving Families Throughout DuPage County
We represent executors, administrators, beneficiaries, and heirs in probate matters throughout DuPage County, including Villa Park, Elmhurst, Lombard, Oakbrook, Wheaton, Downers Grove, Addison, Bloomingdale, Glen Ellyn, Carol Stream, and the surrounding communities.
Common Probate Questions
Most straightforward estates take 6 to 12 months. Complex estates, contested wills, or estates with significant creditor claims can take longer. We work to move the process as efficiently as possible.
Not always. Small estates (under $100,000 in personal property with no real estate) may qualify for a small estate affidavit, which avoids the full probate process. Assets held in a revocable living trust, jointly-owned property, and accounts with named beneficiaries also typically pass outside of probate.
Contact an attorney before you do anything else. Executors have legal obligations and personal liability if the estate isn’t handled correctly. We’ll walk you through your duties and make sure you’re protected.
Yes, but Illinois imposes strict deadlines and grounds for will contests. Common grounds include undue influence by a beneficiary, lack of mental capacity at the time of signing, or improper execution of the document. Contact us as soon as possible if you believe a will is invalid.
Attorney fees for probate depend on the complexity of the estate. We discuss fees upfront during your initial consultation so there are no surprises. Court filing fees and publication costs are also involved.