# Illinois Probate Time Limit **URL:** \ **Category:** Factual Questions\ **Created:** [December 5, 2011, 1:33pm UTC](https://boards.straightdope.com/t/illinois-probate-time-limit/605125 "2011-12-05T13:33:54Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Kevin\_Cookcounty](https://avatars.discourse-cdn.com/v4/letter/k/3ab097/32.png) [@Kevin\_Cookcounty](https://boards.straightdope.com/u/Kevin_Cookcounty)\ **Post date:** [December 5, 2011, 1:33pm UTC](https://boards.straightdope.com/t/illinois-probate-time-limit/605125/1 "2011-12-05T13:33:54Z")
My father is deceased some 15 years ago, and I just lost my mom in April of 2011. Because of my own issues I could not address open the probate and there’s is a realestate assets that my single brother and I have decided to split evenly. There happens to be a small amount of 401k left $12000 and I was told that I would lose this along with the realestate if the probate was not opened in 6 months. Question is…is this true? If so what is the time limit after death to open a probate? ---
**Author:** ![IvoryTowerDenizen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ivorytowerdenizen/32/17937_2.png) [@IvoryTowerDenizen](https://boards.straightdope.com/u/IvoryTowerDenizen)\ **Post date:** [December 5, 2011, 1:46pm UTC](https://boards.straightdope.com/t/illinois-probate-time-limit/605125/2 "2011-12-05T13:46:45Z")
This post probably belongs in our General Questions forum (or perhaps IMHO, where medical and legal advice questions go), rather than this one. I’ve alerted a mod who can move it, so more people will see your question and hopefully get you an answer! ---
**Author:** ![Kevin\_Cookcounty](https://avatars.discourse-cdn.com/v4/letter/k/3ab097/32.png) [@Kevin\_Cookcounty](https://boards.straightdope.com/u/Kevin_Cookcounty)\ **Post date:** [December 5, 2011, 2:04pm UTC](https://boards.straightdope.com/t/illinois-probate-time-limit/605125/3 "2011-12-05T14:04:03Z")
Ivory…Thank you and I apologize for posting in the wrong section. ---
**Author:** ![IvoryTowerDenizen](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ivorytowerdenizen/32/17937_2.png) [@IvoryTowerDenizen](https://boards.straightdope.com/u/IvoryTowerDenizen)\ **Post date:** [December 5, 2011, 4:06pm UTC](https://boards.straightdope.com/t/illinois-probate-time-limit/605125/4 "2011-12-05T16:06:53Z")
> [@Kevin\_Cookcounty](#): > > Ivory…Thank you and I apologize for posting in the wrong section. No worries- it’s not always clear! ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [December 5, 2011, 4:14pm UTC](https://boards.straightdope.com/t/illinois-probate-time-limit/605125/5 "2011-12-05T16:14:55Z")
Moved the thread. ---
**Author:** ![Labdad](https://avatars.discourse-cdn.com/v4/letter/l/439d5e/32.png) [@Labdad](https://boards.straightdope.com/u/Labdad)\ **Post date:** [December 5, 2011, 8:29pm UTC](https://boards.straightdope.com/t/illinois-probate-time-limit/605125/6 "2011-12-05T20:29:44Z")
> [@Kevin\_Cookcounty](#): > > …There happens to be a small amount of 401k left $12000 and I was told that I would lose this along with the realestate if the probate was not opened in 6 months. … Lose it to who?? My father-in-law died in Illinois in 1998, and my mother-in-law died in 2000. We are still sorting out the details of their estates. There were things they had we didn’t know about. Anything that did not go through probate ended up in the Unclaimed Property Division of the Illinois State Treasurer’s Office. They have been super helpful. We haven’t “lost” anything. Talk with an attorney, of course, but I wouldn’t worry about “losing” anything.