What You Need to Know About Probate in Kendall County

 Posted on January 13, 2026 in Estate Planning

Losing a parent is one of the toughest things most of us will ever experience. During this difficult time, you may hear the word "probate" and wonder what it means for you and your family. Probate is the legal process that settles a deceased person's estate. Understanding the basics can help you know what steps to take next and whether you need legal help.

Our Aurora estate planning and probate attorney offers free consultations and has over 20 years of experience guiding families through this process. We can help you manage your parents’ estate in 2026 so you can focus on your family. 

What Is Probate in Kendall County, IL?

Probate is the court process that transfers your parent's assets to their beneficiaries after death. The Kendall County Circuit Court oversees this process. During probate, the court makes sure your parent's debts get paid and their remaining property goes to the right people.

The probate process serves several purposes. It officially recognizes the validity of your parent's will if they had one. It appoints someone to manage the estate, which means handling all the financial and legal matters. It identifies and protects all assets your parent owned. It pays any outstanding debts and taxes. Finally, it distributes what remains to the beneficiaries.

Think of probate as the legal way to close out someone's financial life. The court supervises the process to protect everyone involved, including creditors and heirs.

Do You Need to Go Through Probate After Your Parent Dies?

Not every estate requires probate. Whether you need probate depends on what your parent owned and how those assets were titled.

You may avoid probate if your parent owned very few assets. Illinois law under 755 ILCS 5/25-1 allows a small estate affidavit for estates worth less than $150,000. This simplified process skips formal probate court proceedings.

Some assets transfer automatically without probate:

• Life insurance policies with named beneficiaries

• Retirement accounts like 401(k) plans or IRAs with designated beneficiaries

• Bank accounts set up as payable on death or transfer on death

• Real estate owned jointly with right of survivorship

• Assets held in a living trust

However, if your parent owned a home in their name alone, had bank accounts without beneficiaries, or owned personal property like vehicles or investments without transfer designations, you will likely need to go through probate.

What Happens During the Probate Process in Kendall County?

The probate process follows a structured path through the court system. Understanding each step can help you prepare.

Opening the Estate

Someone must file a petition with the Kendall County Circuit Court to open the estate. This person is usually a family member named in the will as executor, or if there is no will, a close relative. The court reviews the petition and the will if one exists.

Appointing a Representative

The court appoints someone to manage the estate. If your parent had a will, this person is called the executor. Without a will, the court appoints an administrator. This person has legal authority to handle your parent's financial affairs.

Notifying Creditors and Beneficiaries

The representative must notify everyone with a legal interest in the estate. This includes creditors who are owed money and beneficiaries who will inherit property. Illinois law requires publishing a notice in a local newspaper and sending direct notice to known creditors.

Inventorying Assets

The representative creates a complete list of everything your parent owned. This inventory includes real estate, bank accounts, investments, vehicles, personal belongings, and any other property. The court needs this information to understand the full value of the estate.

Paying Debts and Taxes

Before anyone receives an inheritance, the estate must pay valid debts. This includes final medical bills, credit card balances, funeral expenses, and any taxes owed. The representative reviews claims from creditors to make sure they are legitimate.

Distributing Assets

After paying debts and taxes, the representative distributes what remains to the beneficiaries. If your parent had a will, distribution follows the will's instructions. Without a will, Illinois intestacy laws determine who inherits.

Closing the Estate

The representative files a final accounting with the court showing all money that came in and went out. Once the court approves this accounting, the estate officially closes.

How Long Does Probate Take in Illinois?

Most people want to know when the process will end. In Kendall County, a typical probate case takes six months to one year. However, several factors can extend this timeline.

Complex estates with many assets or creditors take longer. If someone contests the will or disputes a claim, the process can stretch to several years. Estates with real estate that must be sold also take additional time. Tax issues, especially with larger estates, can cause delays.

The probate process moves faster when the deceased person had organized records, clear beneficiary designations, and minimal debt. Having a knowledgeable lawyer can also speed things up by preventing mistakes that cause delays.

Call an Aurora, IL Estate Planning Attorney Today

Probate does not have to be overwhelming. With proper guidance, you can get through this process and honor your parents. Our Kendall County estate planning lawyer at Gateville Law Firm has over 20 years of experience helping families through probate. 

We offer free consultations to discuss your specific situation and explain your options. Call Gateville Law Firm at 630-780-1034 today to get the support you need during this difficult time.