Is Inheritance Received All at Once in Illinois?
When a loved one passes away and leaves you an inheritance, you might wonder when you will actually receive it. Many people expect to get their inheritance quickly and all at once. The reality in Illinois is often different.
If you have questions about receiving an inheritance in 2026, a Kendall County, IL estate planning lawyer can offer help for your situation.
Does Illinois Law Allow Inheritance to Be Distributed All at Once?
The law does allow for one lump sum to be distributed, but it doesn’t often happen that way. Illinois law does not require estate executors to distribute an entire inheritance in a single payment. Under the Illinois Probate Act at 755 ILCS 5, executors have flexibility in how and when they distribute estate assets to beneficiaries.
In many cases, you will receive your inheritance in stages rather than one lump sum. The executor must make sure that taxes and debts are settled before giving inheritors the rest of the money. They might do partial distributions during the probate process if enough assets are available and debts and taxes are covered. Other times, you will wait until the estate is fully settled.
The timing depends on how complicated the estate is, the types of assets involved, and whether any disputes happen during probate.
What Affects When You Get Your Inheritance?
Size and Complexity of the Estate
These have a major effect. Small estates can be settled in a few months. Larger estates may take a year or longer.
The Type of Assets
Cash can be distributed more quickly than real estate or business interests. If the estate includes property that needs to be sold, you may be waiting until the sale closes.
Outstanding Debts and Taxes
Debts and taxes must be paid before anything else. The executor must find all creditors and tell them to file claims against the estate. In Illinois, creditors generally have six months to file claims, which can slow down the distribution of assets.
Can You Receive Some Distributions Before the Estate Closes in Illinois?
Illinois law allows executors to make "interim" distributions before the estate is completely settled. This happens when the executor is sure that enough assets will remain to pay all debts, taxes, and expenses.
Not all executors make interim distributions. Some wait until everything is finalized to avoid having to get money back from beneficiaries if unexpected debts show up. If you receive a partial distribution and it turns out the estate does not have enough assets to cover taxes and debts, you may be required to return some or all of what you received.
How Long Does It Usually Take to Receive an Inheritance in Illinois?
A typical Illinois probate case takes between six months and one year. Simple estates can sometimes be settled in six months. Complex estates involving real estate, business interests, or disputes can take well over a year. Small estates valued under a certain amount may qualify for simplified probate procedures and move faster.
Some assets pass outside of probate entirely. Life insurance proceeds, retirement accounts with designated beneficiaries, and property held in joint tenancy transfer directly without probate. These can be received much more quickly.
What Can I Do if The Executor Won't Give Me My Inheritance?
If the executor is unreasonably delaying your inheritance or refusing to communicate with you, you have options:
-
You can petition the probate court to compel the executor to provide an accounting of the estate and explain the delay.
-
In cases of serious misconduct, such as stealing from the estate or refusing to follow the will, you can ask the court to remove the executor and appoint someone else.
-
You may be able to sue the executor personally for damages if their actions have cost you money.
-
If you think the will was wrongly changed before your loved one passed, you can dispute the terms of the will.
An estate and probate attorney can help you understand whether the delay is justified or if the executor is not following their legal duties.
Call an Oswego Estate Planning Lawyer Today
Navigating inheritance and probate is complicated. If you are a beneficiary waiting to get an inheritance, having the right legal guidance will help with any questions you have while you wait for things to get sorted out.
At Loire Krajniak Law, LLC, we offer free consultations to help you understand your rights and options. With just one lawyer dedicated to your case, you receive personal attention and clear answers to your questions. Call Loire Krajniak Law, LLC at 630-448-2406 today to schedule your free consultation with a Kendall County estate planning attorney.
22 Crissey Ave, Suite 100, Geneva, IL 60134
630-448-2406



