This question is for an experienced probate attorney probably in Cook County IL

Rephrase your question to better outline the facts. What is it the ex-husband would be claiming from this estate? Is it a share that was spelled out in the will? If so and the will was drafted before the divorce, the ex-husband's share drops out as if he had passed first. Is it a claim for something that remained due from the divorce? Did the representative of the estate have reason to know that there may be a claim? Without the details, anyone answering this question is just taking stabs at the myriad of possibilities.

There is no "statute of limitations" on the reopening of a decedent's probate estate in Illinois. The Illinois Probate Act allows a decedent's estate to be re-opened at any time after the estate has been closed. Reopening an estate is allowed "to permit the administration of a newly discovered asset or of an unsettled portion of the estate on the petition of any interested person." If an ex-husband was the representative of the estate during the prior administration, his petition to reopen the estate could be heard with as little notice as the court directs - even no notice. If he were not the representative of the estate during the prior administration, he would have to provide notice of his petition to the prior representative and to all persons entitled to to administer or nominate a person to administer equally with or in preference to the petitioner. At the hearing on the petition to reopen the estate, a Judge would determine whether the ex husband is qualified to serve as representative of the re-opened estate under the Illinois Probate Act. The foregoing is intended for informational purposes only and is not intended as legal advice. You should consult an attorney for individualized legal advice.