Probate and Estate Administration Attorneys in Belleville & Columbia, Illinois

Losing a family member is hard, and settling the estate adds paperwork, deadlines, and decisions at a difficult time. Hicks & Spector LLC helps executors, administrators, and families in St. Clair, Monroe, and Madison Counties through probate and estate administration. With offices in Belleville and Columbia and more than 30 years of combined family law and estate planning experience, our attorneys explain each step and handle the court process so you can focus on your family.

Probate Services We Provide

• Opening an estate, with or without a will
• Estate administration for executors and administrators
• Small estate affidavits, when an estate qualifies
• Notice to heirs and creditors
• Resolving disputes among heirs or beneficiaries
• Asset distribution to heirs and beneficiaries
• Closing the estate

What Is Probate?

Probate is the court-supervised process of settling a person’s estate after death. In general, the court confirms the will, if there is one, appoints a person to manage the estate, makes sure debts and taxes are addressed, and oversees the distribution of what remains. The estate is handled in the county circuit court, usually in the county where the person lived.

The Probate Process

Every estate is different, but probate generally follows these steps:

1. Filing the will. If there is a will, the original is filed with the circuit court.
2. Opening the estate. The court appoints an executor named in the will, or an administrator if there is no will.
3. Notice. Heirs, beneficiaries, and known creditors are notified, and notice may also be published for unknown creditors.
4. Inventory and debts. The representative identifies the assets, pays valid debts and expenses, and handles any required tax filings.
5. Distribution. After the required steps are done, the remaining property goes to the heirs or beneficiaries.
6. Closing. The estate is closed with the court.

The time this takes depends on the size and complexity of the estate and the court’s schedule.

Small Estates

Some smaller estates may qualify for a simpler process using a small estate affidavit instead of full probate. Whether an estate qualifies depends on what the person owned and how it was titled. We can review the assets and tell you which process applies.

Executors and Administrators

If you have been named as an executor, or have been asked to serve as an administrator, you have legal duties to the estate and to the people who will receive from it. We help you understand those duties and carry them out correctly.

Planning Ahead Can Make Probate Easier

A clear will, a trust for property placed in it, and current powers of attorney can reduce confusion and delay for the people you leave behind.

Probate FAQs

Does every estate have to go through probate? No. Some property passes outside probate, such as property held in a trust or an account with a named beneficiary, and some smaller estates may use a simpler process. An attorney can look at the assets and tell you what applies.

What if there is no will? The court appoints an administrator, and Illinois law decides who inherits. This is called dying intestate.

How long does probate take? There is no single answer. It depends on the size and complexity of the estate, whether there are disputes, and the court’s schedule.

Do I need a lawyer to handle probate? Illinois law may require an attorney for some estates. Even when it is not required, the process has notices, deadlines, and filings, and mistakes can create problems for the person serving as executor.

What does an executor do? An executor collects and protects the estate’s property, notifies heirs and creditors, pays valid debts and expenses, and distributes what remains.

Do you offer free consultations? No. Initial consultations are a paid service. Call 618-551-0300 to schedule one and ask about the current consultation fee.

Schedule a Consultation

If a family member has died, or you have been named an executor, an attorney can explain the process and your next steps. Call 618-551-0300 or request a consultation online. Initial consultations are a paid service, and our team can tell you the current fee when you call.

Our offices. Our offices are at 120 West Main Street, Suite 210, Belleville, and 207 N Main Street, Suite 107, Columbia. Both offices are open Monday through Thursday, 8:00 AM to 5:00 PM, and Friday, 8:00 AM to 4:00 PM. We serve clients in St. Clair County, Monroe County, and Madison County.

Related estate planning pages: Wills | Trusts | Powers of attorney | Probate

Content contained on this site is for informational purposes only and should not be considered legal advice. You should consult an attorney of your choosing to discuss your particular case and to obtain legal advice specific to your situation.