How long does probate take in Illinois?

Most Illinois probate cases take between 6 and 12 months to complete. The minimum timeline is approximately 6 months because of the mandatory creditor claims period. Simple estates under independent administration often close within 9 months, while estates involving real estate sales, tax issues, or disputes among heirs can take 12 to 24 months or longer.

What is the new small estate affidavit threshold in Illinois?

As of August 15, 2025, Illinois raised the small estate affidavit threshold to $150,000 in personal property. Vehicles are no longer counted toward this limit. If the decedent's personal property (excluding vehicles) is valued at $150,000 or less and they owned no real estate in Illinois, you can use a small estate affidavit to collect assets without opening a formal probate estate. You must wait at least 30 days after the date of death before presenting the affidavit.

What is independent administration in Illinois?

Independent administration is the default probate track in Illinois that allows the executor to take most actions without prior court approval. This includes selling property, paying creditor claims, and distributing assets to beneficiaries. The executor must provide notice to interested parties before taking certain actions, but does not need to wait for a court hearing. Independent administration significantly reduces the cost and time of probate compared to supervised administration.

How much does probate cost in Illinois?

Total probate costs in Illinois typically range from $5,000 to $12,000 for a straightforward estate, not including executor compensation. Court filing fees range from $250 to $500 depending on the county (Cook County is the most expensive at approximately $479). Publication costs run $150 to $300. Attorney fees for standard estates range from $3,000 to $7,000. Bond premiums, if required, add $400 to $800 per year.

Can an out-of-state resident serve as executor in Illinois?

Yes, Illinois allows non-residents to serve as executor or administrator. The person must be at least 18 years old, a U.S. resident, of sound mind, not an adjudged person with a disability, and not convicted of a felony. However, the court may require an out-of-state executor to post a bond even if the will waives the bond requirement.

What happens if someone dies without a will in Illinois?

When an Illinois resident dies intestate (without a will), state law determines who inherits. If there is a surviving spouse and descendants, the spouse receives one-half of the estate and the descendants share the other half. If there is a surviving spouse but no descendants, the spouse inherits the entire estate. If there is no surviving spouse, descendants inherit everything. If there are no descendants, the estate passes to parents, then siblings, then more distant relatives according to the statutory order.

Does Illinois have an estate tax?

Yes, Illinois has its own estate tax with an exemption threshold of $4 million. Estates valued above this amount are subject to Illinois estate tax at rates ranging from 0.8% to 16%. This is separate from the federal estate tax, which has a much higher exemption. An estate that owes no federal estate tax may still owe Illinois estate tax if its value exceeds $4 million.

Can a surviving spouse override an Illinois will?

Yes. A surviving spouse in Illinois has the right to renounce the will and take a statutory share of the estate instead. The statutory share is one-third of the probate estate if the decedent left descendants, or one-half if there are no descendants. The renunciation must be filed in writing within seven months of the will being admitted to probate. Additionally, the surviving spouse is entitled to a minimum support award of $20,000 regardless of what the will provides.

Illinois Probate Guide: Process, Costs & Timeline (2026)

Overview

Illinois probate is governed by the Probate Act of 1975 (755 ILCS 5/) and is administered through the Circuit Court in the county where the decedent resided at the time of death. The state offers two primary tracks for estate administration: independent administration and supervised administration, with the vast majority of cases proceeding under independent administration.

One of the most significant recent changes is the increase of the small estate affidavit threshold to $150,000, effective August 15, 2025, under Senate Bill 83. This change also excludes vehicles from the threshold calculation, making it substantially easier for families to avoid the formal probate process for modest estates.

Illinois is not a Uniform Probate Code (UPC) state and is not a community property state. It follows a common law property system, where assets are generally owned by the individual who earned or purchased them. The state provides strong protections for surviving spouses and dependent children through spousal awards, child awards, and the right of renunciation (election against the will).

For estates that require formal probate, the process typically takes 6 to 12 months for straightforward cases and longer when disputes or complex assets are involved. Court filing fees in Cook County start at approximately $479, with additional costs for bond premiums, publication, and attorney fees.

When Probate is Required

Probate is required in Illinois whenever the decedent owned assets solely in their name that do not pass automatically by operation of law. Specifically, probate is needed when:

The decedent owned real estate titled solely in their name (regardless of value)
The decedent had personal property exceeding $150,000 in value (excluding vehicles) that is not jointly held or subject to a beneficiary designation
There are debts or claims against the estate that need formal resolution
There is a dispute among heirs or beneficiaries about the distribution of assets

Probate is not required when:

All assets are held in a revocable living trust
Assets pass by beneficiary designation (life insurance, retirement accounts, POD/TOD accounts)
Property is held in joint tenancy with right of survivorship
The estate qualifies for the small estate affidavit procedure (personal property valued at $150,000 or less, excluding vehicles, and no real estate)
Assets are held as tenants by the entirety (available for homestead property between spouses in Illinois)

Even when probate is not technically required, families sometimes choose to open a probate estate to cut off creditor claims through the six-month publication process or to resolve title issues on real property.

Small Estate Options

Illinois significantly expanded its small estate procedures with the passage of Senate Bill 83, which took effect on August 15, 2025. The new law raises the threshold and makes several practical improvements:

Small Estate Affidavit (755 ILCS 5/25-1)

Threshold: $150,000 in personal property (up from the previous $100,000 limit)
Vehicles excluded: Motor vehicles registered with the Secretary of State are no longer counted toward the $150,000 threshold
Waiting period: The affidavit cannot be presented until at least 30 days after the decedent's death
No real estate: The decedent must not have owned any real estate in Illinois at the time of death
Debts paid: All known debts of the decedent must be paid or provided for before distributing assets

How to Use the Small Estate Affidavit

Wait at least 30 days after the date of death
Confirm that the total personal property (excluding vehicles) does not exceed $150,000
Verify that no probate estate has been opened and no petition for Letters of Office is pending
Complete the affidavit under penalty of perjury before a notary public
Present the affidavit to banks, financial institutions, or the Secretary of State to collect assets or transfer vehicle titles
File a copy of the affidavit with the Clerk of the Circuit Court in the county where the decedent was domiciled

Vehicle Transfers

Under the updated law, vehicles can be transferred using the small estate affidavit regardless of value. The affiant presents the notarized affidavit to the Illinois Secretary of State to transfer title without opening a formal probate estate.

Limitations

The small estate affidavit does not apply to real estate. If the decedent owned any real property in Illinois, a formal probate proceeding is required to transfer title, even if the total estate value is under $150,000.

Step-by-Step Process

Step 1: Locate the Will and File the Petition

The original will must be filed with the Clerk of the Circuit Court in the county where the decedent resided. Anyone in possession of a will is legally required to file it within 30 days of learning of the death. Alongside the will, file a Petition for Probate of Will and Issuance of Letters of Office (or a Petition for Letters of Administration if there is no will).

The petition must include:

The decedent's name, residence, date of death, and place of death
Approximate value of the real and personal estate in Illinois
Names and addresses of all heirs
Whether any heirs are minors or persons with a disability
The name and address of the proposed executor or administrator
A request for independent administration (if desired)

Step 2: Attend the Court Hearing

The court will schedule an initial hearing, typically within 2 to 4 weeks of filing. At this hearing, the judge will:

Admit the will to probate (if there is one)
Appoint the executor or administrator
Determine whether independent or supervised administration is appropriate
Set the bond amount (unless waived by the will)
Issue Letters of Office authorizing the representative to act on behalf of the estate

Step 3: Publish Notice to Creditors

Within a reasonable time after appointment, the executor must publish a notice to creditors in a newspaper of general circulation in the county. The notice must run once per week for three consecutive weeks. This publication starts the six-month claims period during which creditors can file claims against the estate.

Step 4: Send Notice to Known Creditors and Heirs

In addition to publication, the executor must send written notice to all known creditors and to all heirs and legatees named in the will, informing them of the probate proceeding and their right to contest.

Step 5: Inventory and Appraise Assets

The executor must prepare and file an inventory of all estate assets within 60 days of issuance of Letters of Office. This inventory must list all real and personal property with estimated fair market values. A professional appraisal may be needed for real estate, business interests, or valuable personal property.

Step 6: Manage Estate Assets and Pay Debts

During administration, the executor must:

Secure and protect estate assets
Open an estate bank account with a separate EIN
File the decedent's final income tax return (federal and state)
File an estate income tax return if the estate earns income
Review and pay valid creditor claims in the statutory order of priority
Reject invalid or untimely claims

Step 7: Pay Spousal and Child Awards

If the decedent is survived by a spouse, the court will award the surviving spouse's award of at least $20,000 plus $10,000 per dependent child living with the spouse. This award has priority over most claims except funeral expenses and costs of administration.

Step 8: File the Final Account and Distribute Assets

After the six-month creditor claims period closes, the executor files a final account detailing all receipts, disbursements, and proposed distributions. Under independent administration, the executor can proceed with distribution after providing notice to interested parties. Under supervised administration, court approval is required before any distribution.

Step 9: Close the Estate

File a petition to close the estate with the court. Once approved, the executor is discharged from further duties and the estate is officially closed.

Timeline & Costs

Typical Timeline

Initial filing to Letters of Office: 2-4 weeks
Creditor claims period: 6 months from publication date
Inventory due: 60 days from Letters of Office
Total timeline for simple estates: 6-9 months
Typical estate with moderate complexity: 9-12 months
Contested or complex estates: 12-24+ months

Court Filing Fees

Court fees vary by county. In Cook County (Chicago), fees include:

Petition for Letters of Office: approximately $479
Small estate affidavit filing: approximately $50-75
Certified copies: $5-10 each
Miscellaneous filings: $25-75 per filing

In collar counties and downstate courts, fees are generally lower, typically ranging from $250 to $350 for the initial petition.

Publication Costs

Notice to creditors must be published in a local newspaper for three consecutive weeks. Publication typically costs $150 to $300 depending on the newspaper and county.

Bond Premiums

Unless the will waives bond or the court determines it unnecessary, the executor must post a surety bond. The bond amount is typically set at 1.5 times the value of the personal estate. Annual premiums generally run 0.3% to 0.5% of the bond amount. For example, a $150,000 bond might cost $460 to $600 per year.

Attorney Fees

Illinois does not set statutory fee schedules for probate attorneys. Common fee structures include:

Hourly rates: $250-$450 per hour, with total fees for straightforward estates typically $3,000 to $7,000
Percentage of estate: Some attorneys charge 2% to 5% of the gross estate value
Flat fees: Available for simple estates, typically $2,500 to $5,000

Executor Compensation

Executors are entitled to reasonable compensation as approved by the court. Illinois courts typically allow fees of up to 5% of the estate value, though there is no strict statutory formula. Executors who are also beneficiaries sometimes waive their fee to avoid income taxation on the compensation.

Total Estimated Cost

For a typical Illinois estate valued at $300,000-$500,000:

Court fees: $250-$500
Publication: $150-$300
Bond premium: $400-$800/year
Attorney fees: $3,000-$7,000
Executor fee: 2-5% of estate value
Total: approximately $5,000-$12,000 (excluding executor compensation)

Required Forms

The specific forms required depend on the county. Cook County uses its own numbered forms (CCP series), while other counties may use different local forms. Below are the key documents needed regardless of county:

Opening the Estate

Petition for Probate of Will and Issuance of Letters of Office (with will) or Petition for Letters of Administration (without will) - CCP 0302 in Cook County
Original Will (if one exists)
Certified Death Certificate (at least 2-3 copies recommended)
Order Admitting Will to Probate and Appointing Representative - CCP 0319 in Cook County
Letters of Office (issued by the court after appointment)
Bond (unless waived by the will or court order)
Oath of Office (signed by the executor/administrator)

During Administration

Notice to Creditors (for newspaper publication)
Inventory (due within 60 days of Letters of Office)
Claims against the estate (filed by creditors within 6 months)
Affidavit of Heirship (when needed to establish inheritance rights)
Receipts of Distribution (signed by beneficiaries upon receiving their share)

Closing the Estate

Final Account (detailing all receipts, disbursements, and distributions)
Petition to Close Estate
Order Approving Final Account and Closing Estate
Receipts from all beneficiaries confirming distribution

For Small Estates

Small Estate Affidavit (755 ILCS 5/25-1) - must be notarized
Certified Death Certificate
Proof of relationship to the decedent (if applicable)

Tax-Related Filings

IRS Form SS-4 (Application for Employer Identification Number for the estate)
IRS Form 1040 (decedent's final income tax return)
IRS Form 1041 (estate income tax return, if applicable)
Illinois Form IL-1040 (state income tax return)
IRS Form 706 (federal estate tax return, if estate exceeds the federal exemption)

Executor Duties

The executor (called personal representative or representative in Illinois) has broad responsibilities that begin immediately upon appointment. Key duties include:

Fiduciary Obligations

The executor serves as a fiduciary of the estate, meaning they owe the highest duty of care, loyalty, and good faith to the beneficiaries. This includes:

Acting in the best interest of the estate and its beneficiaries
Avoiding conflicts of interest and self-dealing
Keeping estate assets separate from personal assets
Maintaining accurate records of all transactions
Treating beneficiaries impartially unless the will directs otherwise

Asset Collection and Protection

Locate and secure all assets of the estate, including real property, bank accounts, investments, personal property, and digital assets
Obtain date-of-death valuations for all assets
Arrange for insurance coverage on real property and valuable personal property
Change locks on the decedent's residence if necessary
Redirect the decedent's mail to the executor or a P.O. box

Notification Duties

Notify the Social Security Administration, employer, pension providers, and insurance companies of the death
File the will with the court within 30 days
Publish the notice to creditors in a local newspaper for three consecutive weeks
Send written notice to all known creditors, heirs, and legatees
Notify the Illinois Department of Revenue and IRS as needed

Financial Management

Open an estate bank account with a separate EIN (obtained from the IRS)
Deposit all estate income into the estate account
Pay ongoing expenses (utilities, insurance, property taxes, mortgage payments)
Review, approve, or reject creditor claims
File the decedent's final income tax returns (federal and Illinois state)
File estate income tax returns if the estate generates income during administration

Distribution and Closing

Prepare the final accounting of all estate transactions
Distribute assets according to the will (or intestacy law if no will)
Obtain receipts from all beneficiaries
File the final account with the court
Petition the court to close the estate and discharge the executor

Independent vs. Supervised Administration

Under independent administration, the executor can take most actions without prior court approval, including selling real estate, paying claims, and making distributions. The executor need only provide notice to interested parties and wait for the notice period to expire.

Under supervised administration, the court must approve most significant actions before the executor can proceed. Supervised administration is generally reserved for cases involving disputes among heirs, concerns about the executor's competence, or situations where the will specifically requires it.

Unique State Rules

Illinois has several probate rules that distinguish it from other states:

Surviving Spouse's Award

Illinois law provides the surviving spouse with a minimum award of $20,000 for support during the first nine months after the decedent's death. The court may award more if it deems a higher amount reasonable. If the surviving spouse has dependent children living with them, an additional $10,000 per dependent child is added. This award takes priority over almost all claims except funeral expenses and costs of administration.

Child's Award

A dependent minor child (or adult child who was financially dependent on the decedent and is likely to become a public charge) who does not live with the surviving spouse is entitled to a separate child's award of $10,000 or a greater amount if the court deems it reasonable for the child's support during the nine-month period.

Renunciation of Will (Election Against the Will)

The surviving spouse has the right to renounce the will and instead take a statutory share of the estate. The renunciation must be filed in writing within seven months of the will being admitted to probate. The statutory share is:

One-third of the probate estate if the decedent left surviving descendants
One-half of the probate estate if the decedent left no surviving descendants

Independent Administration

Illinois strongly favors independent administration as the default approach. Unless the will expressly prohibits it or a party successfully petitions for supervised administration, the court will grant independent administration. This allows executors to sell property, pay claims, and distribute assets without prior court approval, significantly reducing both cost and timeline.

No Illinois Estate Tax

As of 2026, Illinois imposes its own estate tax on estates exceeding $4 million (separate from the federal estate tax threshold). The Illinois estate tax rate ranges from 0.8% to 16% on the taxable amount. This threshold is significantly lower than the federal exemption, so estates that owe no federal estate tax may still owe Illinois estate tax.

Publication Requirements

Illinois requires creditor notice to be published once per week for three consecutive weeks in a newspaper of general circulation in the county. This is less onerous than some states that require four weeks of publication.

Real Estate and Probate

Any real estate owned solely by the decedent in Illinois must go through probate regardless of value. There is no shortcut for transferring real property outside of probate unless it was held in trust, joint tenancy, or transferred via a transfer-on-death instrument (Illinois adopted the Residential Real Property Transfer on Death Instrument Act in 2012, allowing TOD deeds for residential property).

No Uniform Probate Code

Illinois has not adopted the Uniform Probate Code, so its probate procedures and terminology differ from UPC states. Executors are typically called "representatives" and the court document granting authority is called "Letters of Office" rather than "Letters Testamentary."

How SwiftProbate Helps

Navigating Illinois probate can feel overwhelming, especially when you are grieving. SwiftProbate simplifies the process by creating a personalized, step-by-step task list tailored to your specific situation under Illinois law.

What SwiftProbate does for Illinois estates:

Identifies whether probate is required based on the assets you enter during onboarding, including whether the new $150,000 small estate affidavit applies to your situation
Generates Illinois-specific tasks covering every phase of administration, from filing the initial petition to closing the estate
Accounts for independent vs. supervised administration and adjusts your task list accordingly
Tracks the six-month creditor claims period so you know exactly when it is safe to make final distributions
Provides deadline reminders for the 60-day inventory filing, tax return due dates, and other time-sensitive obligations
Covers spousal and child awards if your estate involves a surviving spouse or dependent children
Handles multi-asset estates with tasks for real property, financial accounts, vehicles, business interests, and more
Includes tax filing guidance for Illinois income tax, the Illinois estate tax (for estates over $4 million), and federal returns

SwiftProbate's AI research engine analyzes Illinois statutes, court rules, and the specific details of your estate to produce an actionable roadmap. Instead of spending hours researching Illinois probate law or paying an attorney for basic procedural guidance, you get a comprehensive plan you can start executing immediately.

Probate in Illinois: Complete 2026 Guide