How Probate Works in Illinois: Process, Timeline, and Costs
How Probate Works in Illinois: Process, Timeline, and Costs
Illinois probate is governed by the Probate Act of 1975 (755 ILCS 5/). The state offers two modes of estate administration: independent administration, which is the default and requires minimal court oversight, and supervised administration, which requires court approval for most actions. Estates with personal property under $150,000 may avoid formal probate entirely through a small estate affidavit. This guide covers each option with the specific statutes, fees, deadlines, and forms you need.
When Probate Is Not Required in Illinois
Not every asset goes through probate. Illinois law provides several ways assets can transfer directly to the surviving owner or named beneficiary, bypassing the Circuit Court entirely.
These assets skip probate:
- Joint accounts with right of survivorship (765 ILCS 1005/)
- Payable-on-death (POD) bank accounts (205 ILCS 625/)
- Transfer-on-death instruments for residential real estate (755 ILCS 27/)
- TOD securities registrations
- Life insurance proceeds with a named beneficiary
- Retirement accounts (401(k), IRA) with a named beneficiary
- Property held in a revocable living trust
Before assuming probate is required, inventory every asset and check how each one is titled. Many estates have little or nothing that requires probate because accounts had beneficiary designations, TOD instruments were recorded, or property was held in a trust.
You will also need to obtain certified death certificates before filing anything with the court.
Court Jurisdiction
Probate in Illinois is handled by the Circuit Courts, the state's general jurisdiction trial courts. Illinois has 24 judicial circuits plus Cook County, which constitutes its own circuit. Probate is a division within each circuit court.
Cook County has a dedicated Probate Division on the 18th floor of the Richard J. Daley Center in Chicago, with 7 assigned judges. In smaller downstate counties, a general division judge handles probate cases. There is no separate probate court.
E-filing is mandatory statewide through eFileIL. In Cook County, original wills must be filed in person.
Court locator: illinoiscourts.gov/courts-directory/
Small Estate Affidavit (No Probate Required)
The small estate affidavit is the simplest option and avoids formal probate entirely.
Governing statute: 755 ILCS 5/25-1
Current threshold (effective August 15, 2025): Personal property valued at $150,000 or less. Motor vehicles are excluded from the threshold and can be transferred regardless of total estate value via Section 3-114 of the Illinois Vehicle Code.
Eligibility requirements:
- No Letters of Office are outstanding, and no petition for letters is pending or contemplated
- All funeral expenses and debts are paid, or all known unpaid debts are listed by class
- No contested claims except as stated in the affidavit
- Heirs or legatees are identified with their respective portions
How it works:
The affiant prepares a small estate affidavit listing all personal property, debts, and the names of all heirs or legatees entitled to inherit. The affidavit is executed under penalties of perjury. The affiant presents the affidavit along with a certified death certificate to banks, financial institutions, and other holders of the deceased's personal property.
Key limitations:
- Cannot transfer real property. Real property always requires probate or another title transfer mechanism (such as a TOD instrument or joint tenancy)
- Only applies to personal property (tangible and intangible)
- The affiant agrees to indemnify and hold harmless all creditors, heirs, and legatees
Forms: Illinois Legal Aid Online provides guided interview forms at no cost (illinoislegalaid.org). Cook County and individual circuit clerks may provide county-specific forms.
Independent Administration (Default)
Independent administration is the default and most common form of estate administration in Illinois. It permits the executor or administrator to manage the estate without court orders for most actions.
Governing statute: 755 ILCS 5/Art. XXVIII (Sections 28-1 through 28-12)
How you get independent administration:
The court grants independent administration unless the will expressly forbids it. It is also available by petition even during a supervised administration. Any interested person may petition the court to terminate independent administration if they believe supervision is needed.
How it works:
- File the will and a petition for probate with the Circuit Court in the county where the deceased was domiciled.
- The court holds a hearing, admits the will to probate, and appoints the representative.
- The court issues Letters of Office (Letters Testamentary for testate estates; Letters of Administration for intestate estates).
- Mail notice to heirs and legatees within 14 days of the order admitting the will (755 ILCS 5/6-10).
- Publish notice to creditors once per week for 3 successive weeks in a county newspaper (755 ILCS 5/18-3).
- File an inventory within 60 days after issuance of letters (755 ILCS 5/14-1).
- Pay valid claims after the 6-month creditor claims period.
- File a verified final report and mail notice to interested persons within 14 days of filing (755 ILCS 5/28-11).
- After 42 days with no objections, the court enters a discharge order.
Key powers: The independent representative can sell, lease, or mortgage personal estate; pay debts; and distribute assets without returning to court for approval (755 ILCS 5/28-8).
Cost: Cook County: $479 filing fee. Downstate counties: approximately $250 to $400.
Timeline: 6 to 12 months for a straightforward estate.
Supervised Administration
Supervised administration requires court approval for most actions, including sales of estate property and distributions.
When it applies:
- The will specifically requires supervised administration
- An interested person petitions for supervised administration
- The court determines supervision is necessary to protect interested parties
How it works:
The court appoints the representative and requires periodic accountings. Under Cook County Local Rule 12.13, the representative must file annual accounts within 60 days of each one-year anniversary of letters issuance. The prescribed account structure includes: Receipts, Disbursements, Distributions, Recapitulation, and Assets On Hand.
Bond: Required for individual representatives unless waived by the will (755 ILCS 5/12-1). Not required for corporate fiduciaries qualified in Illinois. Cook County Rule 12.5 sets real estate bonds at 1.5x annual income for surety company bonds or 2x for individual sureties.
Timeline: 12 to 24 months or longer.
Filing Deadlines
| Action | Deadline | Statute |
|---|---|---|
| File will with court | Immediately upon death | 755 ILCS 5/6-1 |
| Named executor: petition or decline | 30 days after learning of appointment | 755 ILCS 5/6-3 |
| Mail notice to heirs/legatees | 14 days after order admitting will | 755 ILCS 5/6-10 |
| Publish notice to creditors | Promptly after letters issued | 755 ILCS 5/18-3 |
| File inventory | 60 days after letters issued | 755 ILCS 5/14-1 |
| Creditor claims deadline | 6 months from first publication or 3 months from mailing, whichever later | 755 ILCS 5/18-3 |
| Will contest deadline | 6 months after admission to probate | 755 ILCS 5/8-1 |
| Independent admin closing: objection period | 42 days after filing final report | 755 ILCS 5/28-11 |
| Illinois estate tax return (if applicable) | 9 months after death | 35 ILCS 405/ |
| Federal estate tax return (if applicable) | 9 months after death | IRC Section 6075 |
| Final federal income tax return | April 15 of following year | IRC |
| Final Illinois income tax return | April 15 of following year | 35 ILCS 5/ |
The named executor deadline matters. If a person named as executor in the will fails to petition for probate or decline within 30 days of learning they are named, the court may deny them the right to serve (755 ILCS 5/6-3).
Who Can Serve as Personal Representative
Qualifications (755 ILCS 5/6-13):
- Age 18 or older
- United States resident
- Not of unsound mind
- Not an adjudged disabled person
- Not convicted of a felony
Nonresident requirements: Must designate a resident agent for service of process. If they fail to do so, the clerk is constituted as agent. The court may require bond regardless of will waiver for nonresident executors.
Administrator priority for intestate estates (755 ILCS 5/9-3):
| Priority | Category |
|---|---|
| 1 | Surviving spouse or their nominee |
| 2 | Legatees or their nominee |
| 3 | Children or their nominee |
| 4 | Grandchildren or their nominee |
| 5 | Parents or their nominee |
| 6 | Siblings or their nominee |
| 7 | Nearest kindred or their nominee |
| 8 | Representative of deceased ward's estate |
| 9 | Public Administrator |
| 10 | Creditor of the estate |
Filing Fees
| Proceeding | Cook County | Downstate Counties |
|---|---|---|
| Opening a probate estate | $479 | ~$250-$400 (base $100 + assessments) |
| Filing a will (no administration) | No fee | Varies |
| Estates valued at $15,000 or less | $40-$65 | $25 + assessments |
| Certified copies | $2 first page + $0.50/page (2-25) | Varies by county |
These are court fees only. They do not include attorney fees, appraisal costs, publication costs, or bond premiums.
Intestate Succession: Who Inherits Without a Will
When someone dies without a will in Illinois, the estate is distributed under 755 ILCS 5/2-1:
| Scenario | Distribution |
|---|---|
| Spouse + descendants | Spouse: 1/2; Descendants: 1/2 (per stirpes) |
| Spouse, no descendants | Spouse: entire estate |
| Descendants, no spouse | Descendants: entire estate |
| No spouse, no descendants | Parents, siblings in equal parts; surviving parent gets double portion |
| No close relatives | Estate escheats to the county |
Key distinction: Illinois does NOT give the surviving spouse a preferential dollar amount. The split is a flat 1/2 to spouse, 1/2 to descendants.
Spousal renunciation (755 ILCS 5/2-8): A surviving spouse may renounce the will and take a statutory share of 1/3 (if descendants survive) or 1/2 (if no descendants).
Frequently Asked Questions
Does every Illinois estate have to go through probate?
No. Only assets titled solely in the deceased's name at death with no beneficiary designation require probate. Assets with named beneficiaries, jointly held assets, TOD instruments, and assets in a trust all transfer outside probate.
What is the small estate threshold in Illinois?
$150,000 in personal property (effective August 15, 2025). Motor vehicles are excluded from the threshold. The affidavit cannot transfer real property.
How long does probate take in Illinois?
Simple estates under independent administration: 6 to 9 months. Typical estates: 9 to 12 months. Complex estates: 12 to 24 months or longer.
What is independent administration in Illinois?
The default mode where the representative manages the estate without court orders for most actions. The court grants it unless the will expressly forbids it.
What court handles probate in Illinois?
The Circuit Court in the county where the deceased was domiciled. Cook County has a dedicated Probate Division. Downstate counties handle probate within the general circuit court.
What to Do Next
If you are handling an Illinois estate for the first time, start with the complete guide to what to do when someone dies in Illinois for the full sequence of tasks. For details on the personal representative's responsibilities, see the executor duties guide.
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
This guide was researched using Illinois statutes current as of April 2026. Laws change. For contested estates or complex situations, consult an Illinois-licensed probate attorney.
Sources: 755 ILCS 5/ (Illinois Probate Act of 1975); 705 ILCS 105/27.2 and 27.2a (Filing Fees); illinoiscourts.gov; cookcountyclerkofcourt.org