Do You Need an Attorney to Manage Your Parent’s Estate?

 Posted on June 15, 2026 in Estate Planning

You do not always need an attorney to manage a parent's estate. In most cases, however, working with an estate planning attorney makes the process faster, easier and less likely to result in expensive mistakes. Illinois probate law is detailed and unforgiving about deadlines and procedures. Even estates that seem straightforward on the surface often involve complications that are difficult to resolve without legal guidance.

If your parent passed away and you’ve been named as the Executor in their Will, our Hillside estate and probate attorney can help.

What Does Managing Your Parent’s Estate Actually Involve?

When a parent dies, the Executor named in their Will, or a court-appointed administrator, if there is no Will, becomes responsible for settling the estate. Settling the estate includes:

• Finding and filing the Will with the Cook County Circuit Court Probate Division;
• Legally notifying creditors and beneficiaries;
• Inventorying and appraising assets;
• Paying debts, taxes and funeral expenses; and,
• Distributing remaining assets to heirs.

Each of those steps involves legal and financial decisions that can affect what beneficiaries ultimately receive. A mistake at any stage can delay the process by months. More serious mistakes or ethical issues can even sometimes expose the Executor to personal liability.

When Does an Illinois Estate Have to Go Through Probate?

Not every estate requires probate. In Illinois, estates with assets worth less than $150,000 and no real estate may qualify to transfer property through a simpler "Small Estate Affidavit" document and process under 755 ILCS 5/25-1. Assets that are managed outside of probate, such as jointly held property, accounts with named beneficiaries, and assets held in a trust, do not count toward that dollar amount.

However, if your parent owned real estate in his or her name, held large financial accounts without beneficiary designations, or died with unpaid debts, the estate will almost certainly need to go through probate. The probate process typically takes anywhere from nine months to well over a year, depending on the size and complexity of the estate, as well as on the extent the representative cooperates with the probate attorney.

Common Issues People Run Into During the Probate Process Without an Attorney

Executors who handle probate without legal guidance oftentimes run into problems that can be avoided with the help of an experienced probate lawyer. Common issues include:

• Missing the deadline to file the Will or open the estate;
• Failing to properly notify creditors under the Illinois Probate Act of 1975 (755 ILCS 5);
• Distributing assets before debts and taxes are fully resolved;
• Mishandling the sale of real estate during probate; and,
• Overlooking a beneficiary's legal rights under Illinois intestacy law.

Any of these mistakes can result in personal liability for the executor. For example, an Executor who distributes assets too soon and then discovers an outstanding debt may be required to cover that debt out of pocket. Unfortunately, a parent’s passing often also brings up disagreements between siblings and other beneficiaries. Executors may find themselves in the middle of these fights, unsure of what to do.

For a very simple estate without debt or multiple beneficiaries, handling probate yourself can save you money. For most situations, however, working with an experienced probate attorney is the best route to take.

What Happens When a Parent Dies in Illinois Without a Will?

A valid Will names an Executor and provides instructions for how assets should be distributed. Having a Will doesn’t by itself keep an estate from going through probate, but it does give the Executor clearer rules to follow.

When a parent dies without a Will — a situation Illinois law calls "dying intestate" — the estate is distributed to beneficiaries according to the default rules set out in 755 ILCS 5/2-1. Surviving spouses, children and other relatives each inherit a specific share under the law. The law follows a specific order of priority that may not reflect what your parent actually wanted.

The court also appoints an administrator,since there is no Executor when there is no Will. This can cause disputes among beneficiaries as well. These situations often benefit the most from getting help from a skilled probate attorney.

What Is the Difference Between an Executor and a Trustee?

The roles of an Executor and a Trustee are sometimes confused. An Executor is responsible for managing the probate process. This means settling debts, filing paperwork with the court, and distributing assets according to the Will. A Trustee, on the other hand, manages assets held inside a trust, which is handled outside of probate entirely.

If your parent had a Living Trust, the assets held in that trust do not go through the court system at all. The Trustee named in the trust document steps in and administers those assets, according to the Trust's terms.

Some estates involve both an Executor and a Trustee, particularly when a parent has a combination of Trust assets and individually held property that must go through probate.

How Do You Know if You Need a Lawyer for Your Parent’s Estate?

Some signs that you should at least consult a probate lawyer before trying to go through the probate process on your own include: 

• The estate includes real estate;
• Your parent died with significant debt or unpaid tax obligations;
• There is no Will or the Will is being contested;
• Multiple beneficiaries are involved and disagreements are likely; and,
• Your parent had business interests or complex financial accounts.

Even when none of these factors apply, the administrative burden of probate can be very difficult and unpleasant. It can take a long time and be complicated to do on your own. If you have time and a good eye for legal documents, this isn’t necessarily a problem. But if you have young children or a full-time job, or you just don’t want to trouble yourself with the difficulties of the legal system, a probate attorney’s help can be invaluable.

An experienced estate attorney will handle the filings, deadlines and creditor communications so that your family can focus on grieving rather than on paperwork. If there are disputes between the beneficiaries, an attorney can give you the advice you need to resolve the disagreements as quickly as possible.

Call an Oak Park Estate Planning Attorney Today

Managing a parent's estate is one of the more demanding responsibilities someone can face during an already difficult time. The experienced Hillside estate planning lawyer at the Law Office of Vincent C. Machroli, P.C. has over 38 years of legal experience guiding Illinois families through the probate process. To speak with us about your situation, contact the Law Office of Vincent C. Machroli, P.C. today at 708-449-7404 to schedule a no-charge legal consultation.