# Why Probate Happens in Illinois


By [rockpointprobate](https://paragraph.com/@httpsrockpointprobate.com) · 2025-08-31

legal

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Probate exists to confirm the authenticity of a will and guarantee that creditors, tax authorities, and other obligations get paid before anything is handed to heirs. Even if someone meticulously prepared a will, the courts generally want to check that everything stands up legally. If an estate is valued over $100,000 or contains real property (like a house), formal proceedings often become necessary. Those who have smaller estates may sometimes qualify for a simpler, more informal approach, thanks to the [**small estate affidavit**](https://rockpointprobate.com/illinois-probate-law-and-how-it-works/) system.

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*Originally published on [rockpointprobate](https://paragraph.com/@httpsrockpointprobate.com/why-probate-happens-in-illinois)*