Handling Probate in Chicago from Out of State?

We Help Executors & Administrators Navigate Illinois Probate—Without the Stress of Being There in Person.

Out of State? Already Overwhelmed?

If you're trying to settle a loved one’s estate from hundreds (or thousands) of miles away, you're not alone. Many families find Illinois probate confusing, slow, and paperwork-heavy—even more so when they're doing it from out of state.

At Brabender Law, we help out-of-state estate representatives handle Chicago-area probate from start to finish—remotely and efficiently.

Why Choose Brabender Law?

Chicago Probate, Simplified for Out-of-State Families

Our processes streamline probate matters in Cook County and the surrounding areas. Whether there’s a will or not, we guide estate representatives through the process with clarity and compassion.

Remote-Friendly and Travel-Free

Nearly all of our out-of-state clients complete the entire probate process without ever setting foot in Illinois. We handle court appearances, filings, and notices—while keeping you informed every step of the way.

Clear & Fair Billing

Illinois probate cases are billed hourly, but we’re transparent about what to expect. Most costs are paid directly from the estate, and we help you understand the financial picture upfront—before you commit.

Prompt Action and Proactive Support

You can’t control court timelines—but we make sure everything else moves efficiently. We stay on top of deadlines, communicate promptly, and keep the process moving so you don’t have to chase updates.

How it Works


Step 1 - Get in Touch

Start by filling out our short online form by clicking here or calling us at 312-566-8456. It takes just a minute, and there's no obligation.

Step 2 - Quick Intake Call

Within one business day, our intake specialist will reach out. She’ll ask a few simple questions to determine whether your situation qualifies for probate in Illinois. If it’s a good fit, we’ll schedule a consultation with an attorney.

Step 3 - Attorney Consultation

You’ll speak with an experienced probate attorney who will walk you through the process, answer your questions, and explain your options in plain English—no legal jargon, no pressure.

Step 4 - Start the Probate Process (Remotely)

If you decide to move forward, we’ll handle everything needed to initiate probate—remotely and efficiently. You won’t need to travel to Illinois or appear in court.

Common Questions from Out-of-State Representatives

Do I need a lawyer?

Almost always — but it depends on your role and the type of estate.

If you’re the Executor, Administrator, or Estate Representative:
Yes, in nearly all formal probate cases, legal representation is required.
Courts used to allow non-lawyers to appear, especially in downstate counties, but a recent appellate decision has clarified that all in-court probate matters now require an attorney.

If the estate qualifies for a Small Estate Affidavit (under $100,000 with no real estate), probate may not be necessary — and a lawyer isn’t required. But even then, the person handling the estate can be personally liable for mistakes, so legal advice is strongly recommended.

If you’re an Heir or Legatee (but not in charge):
You don’t need a lawyer to protect your own interests, but probate law is complex. If you’re concerned about getting your rightful share, or want to contest the actions of the person managing the estate, having a lawyer can make a big difference — especially if the estate is contested or unclear.

Do I have to come to chicago

Almost never.

Our clients seldom, if ever, need to come to Chicago. We handle nearly everything remotely through phone, email, and video conference. Documents can be signed and transmitted electronically, and most probate court hearings in Illinois now take place via Zoom.

That said, if you prefer to meet in person, you’re welcome to visit our office. And in the rare case that a court requires you to appear in person, we’ll guide you through it.

We’ve built our probate process to be as easy and convenient as possible — so you can focus on your family, not logistics.

What if I haven't been appointed yet?

No problem — in fact, most people contact us before they’ve been officially appointed.
Whether you're named in a will or just trying to figure out who should be in charge, we can guide you through the process of becoming the legal representative of the estate.
We help you take the right legal steps, starting with the court petition to open probate.

How long does probate take?

In Illinois, probate takes a minimum of six months — and that’s just due to the required creditor claim period, which can’t be shortened. There’s no way around it.

On average, most estates take 9 to 12 months to complete.
Larger or more complex estates, or those involving real estate, business interests, or family disputes, can take significantly longer.

The biggest factor that slows probate down? Disputes between heirs or beneficiaries.
Other delays can come from uncooperative family members, missing documents, or an estate representative who isn’t staying on top of things.

Bottom line: court is slow, but we do everything possible to keep your case moving forward and avoid unnecessary delays.

What if there is no will?

If there’s no will, the court will appoint an administrator (instead of an executor), and Illinois law will determine how assets are distributed.
We can help you petition the court to become the administrator and ensure the estate is handled properly. This is a common situation, and we’ll walk you through it step-by-step.

Do you represent heirs or just Estate Representatives?

We represent both estate representatives (executors, administrators) and heirs or beneficiaries — but the process and costs are different.

If you're the person in charge of the estate, your consultation is free, and legal fees are typically paid from the estate.

If you're an heir or beneficiary who is not taking charge, we can still help — but:

  • We charge a consultation fee

  • Legal fees are paid out of pocket, not by the estate

  • Costs can range from modest (if you just want us to monitor the estate) to very high (if you are contesting a will or filing court actions)

In our experience, most heirs do not pursue representation unless significant assets are at stake and there’s a strong legal claim.

If you’re unsure of your rights, we’re happy to talk through your options — just know that contesting an estate is a serious and often costly step.

Why You Need a Probate Lawyer

Illinois Does Not Allow DIY Probate

Illinois law requires estate representatives to act on behalf of all beneficiaries and legitimate claimants. Because this amounts to legal representation, courts have ruled that unless the representative is an attorney, they must hire one to represent the estate.

Avoid Costly Delays and Legal Mistakes

Delaying probate can lead to frozen accounts, unpaid debts piling up, and beneficiaries growing impatient. Courts have strict deadlines, and missing them can cause costly setbacks. The longer you wait, the harder it gets. Start the process now to avoid complications—our firm can help you move forward immediately.

Ensure the Estate Is Handled Correctly

Mistakes in probate can lead to personal liability, disputes among heirs, or even court removal. Mismanaging assets, missing creditor claims, or filing incorrect paperwork can cost thousands or even result in lawsuits. Without a lawyer, you risk serious legal trouble—ensure the estate is handled correctly by hiring an attorney.

J. Andrew Brabender IV

Managing Attorney

10.0Joseph Andrew Brabender IV
Joseph Andrew Brabender IVReviewsout of 29 reviews
  • Bio

  • Education

Andy Brabender is an attorney who helps regular people navigate some of the most stressful moments of their lives. Whether clients are grieving a loved one, managing a complicated legal issue, or just feeling overwhelmed by unfamiliar processes, Andy’s calm and compassionate approach helps them feel understood, supported, and in control.

For over a decade, Andy has built his law practice around one core idea: legal help should be clear, human, and accessible. Many of his clients have never worked with an attorney before. They’re not corporations or repeat litigants—they’re families and individuals trying to do the right thing in unfamiliar territory. Andy takes pride in explaining things in plain English, returning calls promptly, and being the kind of lawyer people can actually talk to.

Clients frequently describe him as empathetic, responsive, and easy to work with—qualities that are too often missing in legal representation. Behind every case, Andy sees a real person trying to move forward, and he considers it a privilege to help them do just that.

Andy founded Brabender Law LLC to serve people—not institutions. He brings the same care and attention to every client, whether they’re across the country or right around the corner.

Before starting his own practice, Andy worked at the Cochran Firm’s Chicago office and served as a judicial extern for the Hon. Rebecca Pallmeyer, now the Chief Judge of the U.S. District Court for the Northern District of Illinois.

Andy graduated summa cum laude from the University of Wisconsin–Eau Claire and earned his law degree with high honors from Chicago-Kent College of Law, where he was inducted into the Order of the Coif.

Outside of work, Andy enjoys hiking, exploring nature, and spending time with his family.

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