What Rights Do Beneficiaries Have During Probate?
When someone passes away, their assets don’t always automatically pass to their loved ones. Often, their estate has to go through a legal process called probate. During probate, a court supervises the distribution of the deceased person’s assets. For the people who stand to inherit—called beneficiaries—this process can raise many questions.
Illinois law gives beneficiaries specific legal rights during probate. Understanding these rights helps protect your interests and brings clarity to a process that can feel overwhelming. Here at Donna Craft Cain PC in Villa Park, Illinois, we help clients protect their legacies through thoughtful estate planning and guide beneficiaries through the probate process with clarity.
What Is a Beneficiary?
A beneficiary is anyone named in a will—or, if there's no will, anyone identified by Illinois intestate succession laws—who has a right to receive assets from an estate. Beneficiaries can include family members, friends, charities, or even organizations.
Whether you're a direct heir or a contingent beneficiary (someone who inherits only if another beneficiary can't), your rights exist from the moment the probate process begins.
It’s worth noting that the probate process can take months or even over a year, depending on the size of the estate and whether disputes arise. During that time, beneficiaries aren’t just passive observers. Illinois probate law gives them a voice, some oversight rights, and the ability to hold the estate’s representative accountable.
The Right to Be Notified
One of the most basic rights of any beneficiary is the right to be informed.
As soon as probate is opened in Illinois, the executor (also known as the personal representative) is required to notify all named beneficiaries in the will. This notice typically includes:
A copy of the will or a summary of its terms
Information about the court where probate was filed
Details about the executor and how to contact them
Deadlines for taking legal action if the beneficiary wants to challenge the will
If you’re a beneficiary and you haven’t received notice within a reasonable time after the decedent’s passing, that could be a red flag. You may need to take legal steps to learn more about the estate’s status.
The Right to Receive a Copy of the Will
In Illinois, beneficiaries have the right to request and receive a copy of the will. This is key because it lets you verify:
That you’re named as a beneficiary
What you’ve been left, whether it’s a specific gift or a share of the estate
Whether the will appears legitimate or raises concerns
Sometimes a will can be challenged if there’s reason to believe it was created under duress, with fraudulent intent, or if the person who created it lacked the mental capacity to do so. If you spot something questionable, you have a limited window to contest the will in probate court.
The Right to Information About the Estate
Once probate is underway, beneficiaries are entitled to certain updates and disclosures. This is a major part of the executor’s duty to act transparently and in the greatest interest of all involved.
Beneficiaries should expect to receive:
An inventory of estate assets, typically within 60 days of appointment of the executor
Regular updates on the estate’s progress, including debts paid, taxes filed, and distributions planned
A final accounting, showing where every dollar of the estate went
These financial documents help you track how the estate is being handled and flag any potential mismanagement.
The Right to Hold the Executor Accountable
Executors carry a big responsibility: they’re managing someone else’s property, paying debts, filing taxes, and distributing assets to beneficiaries. Illinois law holds executors to a high standard called a "fiduciary duty." That means they must:
Act honestly and in good faith
Avoid self-dealing or benefiting from the estate
Keep accurate records
Act promptly and efficiently
As a beneficiary, you have the right to question the executor’s actions. If they’re dragging their feet, refusing to share information, or mishandling estate property, you can petition the probate court to intervene. In extreme cases, the court can remove the executor and appoint a replacement.
Transitioning From Oversight to Involvement
While early parts of probate involve waiting for inventories and legal filings, beneficiaries aren’t left powerless. Illinois probate law gives you ways to be more than just a bystander. As you move deeper into the process, you might need to take a more active role, especially if something seems off or if distributions are delayed.
This next section highlights some specific rights you may need to exercise as probate progresses. For professional support for your transition, contact Attorney Donna Craft Cain.
The Right to Object to the Will or Executor
If you believe the will is invalid, you have the right to file a will contest. Valid grounds for a challenge in Illinois include:
Lack of testamentary capacity (The person didn’t understand what they were doing when they made the will)
Undue influence (Someone pressured or manipulated the person into changing their will)
Fraud or forgery
Improper execution (The will wasn’t signed or witnessed correctly)
You also have the right to object to the person named as executor if you believe they’re unfit. For example, if the named executor has a criminal record, is bankrupt, or has a known conflict of interest, you can ask the court to appoint someone else.
The Right to Request a Formal Accounting
If you think the executor is mismanaging the estate or you simply want more transparency, you can request a formal accounting. In Illinois, this is a detailed report showing:
Every asset received into the estate
Every payment made, including debts, legal fees, and taxes
How distributions will be made to beneficiaries
A formal accounting is often required before final distribution, but beneficiaries can request one earlier if needed. If the numbers don’t add up, you can raise objections and ask the court to review the records.
The Right to Timely Distribution
Illinois doesn’t set a strict deadline for when beneficiaries must receive their inheritance, but the process can’t drag on indefinitely. After debts, taxes, and administrative expenses are paid, the executor should begin distributing the remaining assets.
As a beneficiary, you have the right to:
Ask for a timeline of when to expect distributions
Receive your share once the estate is ready to close
Object to unnecessary delays
If the executor isn’t acting promptly, the court can step in and compel distribution.
The Right to Legal Representation
Beneficiaries don’t have to go through probate on their own. You have the right to hire your own attorney to:
Review the will
Monitor the probate process
Challenge the will or executor if necessary
Represent you in court
Having your legal advisor is especially important in larger estates, disputed cases, or situations where you're concerned about how the executor is handling things.
Moving Toward Final Closure
By this stage of probate, beneficiaries have often waited several months—and sometimes over a year—for final distribution. Emotions can run high, and delays might test your patience. But the finish line brings closure and financial resolution.
As the estate winds down, beneficiaries continue to play a role. The next section highlights what you can expect as the process comes to a close.
The Right to Review the Final Report
Before probate ends, the executor must file a final report (or final accounting). This is your opportunity to:
Review how the estate was managed
Confirm that all taxes and debts were paid properly
Approve the final distribution plan
If you agree with the report, the court will typically authorize final distribution. If you disagree, you can raise objections and request a hearing. This final review helps protect beneficiaries from mismanagement and gives you peace of mind.
The Right to Receive Your Full Inheritance
Once the court approves the final report, the executor will begin distributing the estate’s remaining assets. This could include:
Cash inheritances
Physical property, like jewelry, vehicles, or heirlooms
Real estate
Stocks or investment accounts
You have the right to receive everything they promise you, no more and no less. If you receive less than expected, or nothing at all, you have the right to demand an explanation or take legal action.
The Right to Challenge Unequal Treatment
Sometimes, beneficiaries are treated unfairly—intentionally or not. For example:
One sibling might receive a larger share without explanation
A beneficiary could be cut out of the will under suspicious circumstances
A caregiver might suddenly appear as the main heir late in the person’s life
If something doesn’t feel right, it's your right to raise that concern. The Illinois probate court will review claims of unequal treatment, especially when there's evidence of undue influence, fraud, or incapacity.
Reach Out Today
Probate doesn’t have to be a mystery, and beneficiaries don’t have to sit on the sidelines. Whether you’re keeping an eye on the executor, asking for financial details, or challenging something that seems unfair, knowing your rights is half the battle. Donna Craft Cain PC serves clients throughout Illinois, including Villa Park, Cook County, Kane County, Will County, McHenry County, and Lake County. Contact us today.