Step 1: Case Review and Estate Assessment
We sit down with you to understand the estate, review the will (if one exists), identify assets and debts, and explain whether full probate is required or whether a faster path is available.
Estate & probate
Chicago Probate Lawyer and Estate Administration Attorney
Settling a loved one's estate shouldn't mean losing weeks to court paperwork.
Villalobos & Associates guides Cook County families through probate with skill and care.
Understanding probate in Cook County
What Happens When an Estate Goes Through Probate Court
Probate is the legal process that transfers a deceased person's property, bank accounts, and other assets to the people entitled to them. In Cook, DuPage, Will, and Lake counties, that process runs through a local probate court, with its own filing deadlines, forms, and judges who expect the paperwork done right the first time.
Most families dealing with probate have never done it before, and they're doing it while grieving. A probate lawyer who knows the local courts can move an estate through faster, catch mistakes before they cost time or money, and step in immediately if a sibling, creditor, or unknown heir tries to contest the will.
Whether you're an executor named in a will, an administrator appointed because there was no will, or an heir who believes an estate is being mishandled, having an experienced attorney on your side from the start protects both the estate and your relationship with the rest of the family. We bring the same fight and attention to every estate, whether it moves through Cook County probate court or is resolved through out-of-court estate administration.
What our estate and probate practice covers
Estate Matters We Handle Across Illinois
Every estate is different, and the right approach depends on what assets are involved, whether there's a will, and whether anyone is disputing it. Our team, led by attorneys who have spent decades in Chicago area courtrooms, handles the full range of estate and probate matters, including:
- Formal probate administration for estates with or without a valid will
- Will contests and disputes over a decedent's true intentions or capacity
- Trust administration and disputes between trustees and beneficiaries
- Guardianship proceedings for minor heirs or incapacitated adults
- Small estate affidavits for qualifying estates that can avoid full probate
- Transfer of real estate held in an estate, coordinated with a real estate attorney when the property needs to be sold or refinanced
If you're not yet at the probate stage and instead need help putting a will or trust in place before something happens, we also work as a will and trust attorney for families who want their wishes documented clearly and legally.
How we handle an estate from start to finish
Our Approach to Estate Administration and Probate
We know that behind every probate file is a family working through loss. Here's how we move an estate through the process while keeping you informed at every step.
Step 2: Filing With the Probate Court
Our estate administration lawyer team prepares and files the petition to open probate, requests the appointment of an executor or administrator, and handles notice to heirs, beneficiaries, and creditors as required by Illinois law.
Step 3: Managing the Estate
We help the executor or administrator inventory assets, pay valid debts and taxes, resolve any claims against the estate, and handle the sale or transfer of real property when needed.
Step 4: Distribution and Closing
Once obligations are settled, we prepare the final accounting, distribute assets to beneficiaries, and close the estate with the court. If a dispute arises at any stage, we're ready to litigate it in front of a judge.
Why families choose our firm
Why Choose Villalobos & Associates for Probate and Estate Matters
Families come to us because they want a firm that treats their case like it matters, not like a file number. Here's what that looks like in practice.
Decades of Courtroom Experience
Founding attorney Raul Villalobos has practiced law in Chicago for nearly 50 years, and Mark Villalobos brings that same trial-tested approach to every estate dispute we take on. When a will contest or trust dispute needs a litigation attorney, not just a paperwork processor, we're ready.
Big-Firm Results, Small-Firm Attention
You'll work directly with our attorneys, not get passed between case managers. As a local attorney serving Cook, DuPage, Will, and Lake counties, we know the judges, the clerks, and the local procedures that can slow an estate down.
Spanish Speaking Legal Representation
We serve a diverse community across the Chicago area, including Spanish speaking clients who deserve to understand every step of their loved one's estate without a language barrier standing in the way.
Common questions about probate
Frequently Asked Questions About Estate and Probate Law
Here are answers to some of the questions we hear most often from executors, administrators, and families across the Chicago area.
Answers
Do all estates have to go through probate in Illinois?
Not always. Illinois allows small estates (generally under $100,000 in personal property, with no real estate) to use a simplified small estate affidavit instead of formal probate. Larger estates, or ones that include real estate solely in the deceased person's name, typically need to go through Cook County or the appropriate county's probate court.
How long does probate take in Cook, DuPage, Will, or Lake County?
A straightforward, uncontested estate can often close within six to nine months. Estates with disputes, unclear wills, out-of-state assets, or tax complications can take significantly longer. Our probate attorney team works to keep the timeline as short as the facts allow.
What if I think a family member's will was changed under pressure or was invalid?
This is called a will contest, and it needs to be filed within a specific window after probate opens. As an estate administration lawyer and trial-tested litigation attorney, our firm investigates claims of undue influence, lack of capacity, or improper execution, and we're prepared to take the matter to trial if a fair resolution can't be reached otherwise.
I don't have a will yet. Can you help me put one together?
Yes. Our estate planning attorney services include drafting wills, trusts, and powers of attorney so your family avoids the uncertainty of probate as much as possible. Many clients also come to us as an estate planning lawyer after handling a difficult probate for a parent, wanting to make things easier for their own kids.
Where we serve estate and probate clients
Estate and Probate Legal Services Across the Chicago Area
We represent executors, administrators, and heirs throughout Cook, DuPage, Will, and Lake counties, appearing regularly in local probate courts across the region.
Talk to a Probate Lawyer Before the Next Court Date
Deadlines in probate court don't wait, and an estate handled without guidance can cost your family time, money, and unnecessary conflict. Call Villalobos & Associates today to talk with an attorney about the estate you're managing and what needs to happen next.
