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Probate Attorney Elgin IL

Our experienced Illinois probate attorneys are here to guide you through every step of the probate process, ensuring that your loved one's estate is handled with care, respect, and legal precision. Let us help you find clarity and peace of mind in probate matters.
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Smiling womanAttorney Kevin O'Flaherty

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

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We believe your attorney should not speak in legalese

Finding an attorney who is a “real person” can be difficult. Many attorneys surround themselves almost exclusively with other attorneys and are accustomed to speaking in ivory tower legalese.  You should be able to connect with your attorney on a personal level, and he or she should speak to you in plain language that you can understand.  You will be working very closely with this person on issues that are very important to you. It is important that he or she be down-to-earth and someone that you connect with.

We believe your attorney should be accessible

The most common complaint that clients have of their attorneys is that the attorney is unreachable, does not communicate with them regularly, or does not promptly return your calls.  Your attorney should reach out to you about your case regularly and respond within 24 hours to calls and e-mails.  An open line of communication between you and your attorney is essential to building trust.

Learn how we service your area through our Remote Location Approach.

We believe your attorney should be realistic with you about costs and outcomes

Your attorney’s goal should not be to win at all costs.  Rather, it should be to achieve a favorable outcome for you as efficiently as possible.  It is important that your attorney set realistic expectations at the outset as to the costs you should expect, the concerns that the attorney has about the outcome of your case, and the length of time that you should expect your case to take.

Regardless of the nature of your case, we have an experienced attorney who will focus on your individual needs. Our team of attorneys works closely together, bringing each of their different fields of experience to bear in order to optimize our client care.

Client Testimonials

Christi M.

Kevin's firm handled setting up my will and trust recently. They took something that seemed intimidating and made it easy to understand. I've also referred a couple clients to Kevin - he's trustworthy, approachable and very fairly priced.


"I've used Kevin and his firm's services since 2011. He gave undivided attention to my cases, advised me on different options and..."

Rachel B.

"Kevin was extremely professional, responsive and knowledgeable when I came to him for help. I would definitely recommend O'Flaherty Law!"

About Probate Attorney Elgin IL:

Our Illinois probate attorneys will walk you through every step of the probate and estate administration so your loved one’s estate is handled with care, respect and legal precision. Let us help you find peace of mind in probate.

How can our Elgin Probate Lawyers help you?

What is Probate in Illinois

Probate is the legal process of distributing the assets of a deceased person to heirs or beneficiaries. It’s a necessary step in settling estates big or small and involves validating the will, paying debts and distributing assets according to the will or Illinois law.

Probate Facts:

  • Small Estate Affidavits: For estates under $100,000, probate without the formalities.
  • Testate vs. Intestate: Estates with a will (testate) and without a will (intestate).
  • Executors and Administrators: From asset preservation to final tax returns.

Probate litigation is another potential avenue of our legal representation, which may involve disputing estate planning documents like a will or trust, tackling capacity or undue duress issues, or even property disputes. In addition, probate litigation could entail addressing a perceived wrong in how the executor or administrator is handling the estate.

A Probate Story in South Elgin

The Johnson family was faced with probating their father’s estate. Without knowledge of Illinois probate laws they didn’t know where to start. That’s when they called our law offices for one of our probate lawyers.

We reviewed the estate which was just over the limit for a small estate affidavit and required formal probate. As the family was grieving we took on the burden of the probate process from filing the paperwork to managing creditor claims and distributing assets.

Our Process Included:

  • Communication: Keeping the family informed every step of the way, explaining complex legal terms.
  • Asset Management: Creating an inventory and valuing assets for distribution.
  • Creditor Negotiations: Paying debts to preserve the estate’s value.
  • Final Accounting: Transparency and accountability in asset distribution.

Thanks to our probate lawyers, the Johnson family could focus on healing knowing their father’s estate was in good hands.

Why Choose Our Elgin Probate Attorneys?

Personalized Service

We understand the emotional weight of probate and offer customized support to ease your burden.

Benefits of a Comprehensive Law Firm 

Our team of lawyers and paralegals have extensive experience  handling the nuances of your legal matter but also consider how other areas of law might affect your case. We often consider angles that aren’t obvious to an attorney with experience in only one practice area. 

A Law Firm that Handles Simple and Complex Cases 

Some legal issues are quick, requiring fast efficient services. You want those knocked out fast with the most efficient cost possible. But, for more involved cases, we take the time to get it right and work hard to get the outcome you want. 

A Team That Collaborates on Your Case 

We’ve had many legal clients complain that their last firm just didn’t have the resources or understanding to manage their case. Our attorneys regularly communicate across the firm, getting input from several legal professionals without the additional cost. 

Our Skills and Services 

Our skills and experience span decades and many different practice areas. We truly want to provide a comprehensive legal solution for our community. When you’ve got a legal question, we want to be the first law firm you think of because you know you can trust us to have the answers or tell you the next best solution. 

Open Communication 

No one wants to be sitting in the dark, unsure of what’s going on with their case. Part of our core practice model is to regularly update our clients on the status of their case. 

Relationships Built on Trust and Communication 

Dealing with legal issues can be stressful. You don’t need added stress from an attorney that is slow to communicate and hasn’t given you a clear plan to resolve your case. Trust comes from knowing your attorney has your back and best interests in mind. 

Competitive Fees with Excellent Service 

We are not a free legal aid firm. We pride ourselves on offering top-tier service at a competitive local price. Legal solutions cost money but putting them off only leads to more headaches and financial problems.  

Probate matters and estate administration can be overwhelming and emotional, but you don’t have to go through it alone. Our probate lawyers will provide you with the care and expertise you need to make sure your loved one’s estate is settled according to their wishes and Illinois law. Contact our law offices for a free consultation with our legal team, and let us help you with your probate needs.

How To Reach Our Elgin Location:

From Schaumburg, IL:

  1. Start on I-290 W.
  2. Merge onto IL-390 W.
  3. Take the exit toward US-20 W/Elgin.
  4. Follow US-20 W to Shales Pkwy in Elgin.
  5. Turn right onto N. Airlite St.

From St. Charles, IL:

  1. Head north on IL-31 N toward Elgin.
  2. Turn left onto State St.
  3. Continue onto W. Chicago St.
  4. Turn right onto N. Liberty St.
  5. Turn left onto E. Highland Ave and right onto N. Airlite St.

From Hoffman Estates, IL:

  1. Get on I-90 W.
  2. Take the exit for IL-59 N.
  3. Merge onto IL-59 N.
  4. Turn left onto W. Highland Ave.
  5. Turn left onto N. Airlite St
Expertise Best Child Support Lawyers in Chicago 201710 Best 2016 Client Satisfaction American Institute of Family Law AttorneysAvvo Clients' Choice 2016 DivorceRising Stars Kevin P. O'Flaherty SuperLawyers.com10 Best Law Firms 2018 Client Satisfaction American Institute of Family Legal Counsel Attorneys Estate Planning Law40 under forty

What to Expect From a Legal Consultation

The purpose of a consultation is to determine whether our firm is a good fit for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us.

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Office Address

16 N Airlite St #3

Elgin, IL 60123

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Hours of Operation

9:00am - 6:00pm
9:00am - 6:00pm
9:00am - 6:00pm
9:00am - 6:00pm
9:00am - 6:00pm


Meet the Owner

I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team.  Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys.  Many of our clients are going through difficult times in their lives when they reach out to us.  They should feel comfortable leaning on the experience and knowledge of our attorneys as their counselors and advocates.  We are here to help!

- Attorney Kevin O'Flaherty, Owner

Check Out Articles and Videos from our Probate Attorney Elgin IL

When Is Probate Necessary in Illinois?

The necessity for probate in Illinois primarily depends on two factors: the overall value of probate assets and how they were titled by the deceased individual. If an estate exceeds $100,000 in total worth (including any items specifically bequeathed through a will or distributed under intestacy laws), then probate proceedings are typically required. If real estate is part of those assets – unless ownership was structured via joint tenancy arrangements like tenancy by entirety or living/successor beneficiary trusts – then it must go through formal succession procedures.

Read more about When Is Probate Necessary in Illinois?

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