What to Do When Someone Dies in Illinois: A Complete Guide
What to Do When Someone Dies in Illinois: A Complete Guide
When someone dies in Illinois, your first actions are: confirm the death with a medical professional, contact a funeral home, and locate any will or estate plan. This guide walks you through each required step in order, with specific Illinois statutes, deadlines, and fees so you know exactly what to do and when.
The First 24 to 48 Hours
The hours right after a death involve time-sensitive steps under Illinois law.
Confirm the death. If the death happens at home and the person was under hospice care, the hospice nurse will pronounce death and handle the medical certification. If the death was unexpected, call 911. In Cook County, the Medical Examiner's Office investigates deaths that are violent, sudden, unattended, or suspicious. In most other Illinois counties, an elected coroner performs this role.
Contact a funeral home. Illinois requires the involvement of a licensed funeral director for the disposition of remains (225 ILCS 41/). The funeral director initiates the death certificate, coordinates with the physician or coroner/medical examiner, and handles body transport. The death certificate must be filed within 7 days after death and prior to cremation or removal of the body from the state (410 ILCS 535/18).
Note the 24-hour cremation rule. Illinois law requires a 24-hour waiting period after the time of death before cremation can proceed (410 ILCS 18/35). A cremation permit from the coroner or medical examiner is also required. Religious requirements or infectious disease may allow the waiting period to be waived.
Locate key documents now. Before you contact banks or courts, find these:
- The will (the original, not a copy)
- Any trust documents
- Life insurance policies
- Power of Attorney for Health Care (now void upon death)
- Statutory Short Form Power of Attorney for Property (now void upon death)
- Living Will Declaration
- Property deeds, vehicle titles, and financial account statements
Do not spend money from the deceased's accounts. Until a court appoints someone to manage the estate, no one has legal authority over individually held accounts. Joint accounts with right of survivorship remain accessible to the surviving owner.
Getting Death Certificates in Illinois
Order 10 to 15 certified copies. Banks, insurance companies, brokerage firms, the Secretary of State, and the probate court each require their own certified original. Photocopies are not accepted. See the full guide to death certificates in Illinois for detailed ordering instructions.
Fees: $19 for the first certified copy, $4 each additional from IDPH. Cook County Clerk charges $17 first copy, $6 each additional. Order all copies at once to save money and time. Mail orders from IDPH take approximately 12 weeks.
Notifying Agencies and Canceling Accounts
Work through this list systematically. Each agency has its own process.
Social Security Administration. Call 1-800-772-1213. The funeral home typically reports the death, but call to confirm. If the deceased received benefits, the payment for the month of death must be returned. Ask about the $255 lump-sum death payment (apply via Form SSA-8 within 2 years of death). For details on survivor benefits, see the Social Security survivor benefits guide for Illinois.
Banks and financial accounts.
- Joint accounts with right of survivorship: the surviving owner has immediate access under 765 ILCS 1005/ (Joint Tenancy Act). Bring a certified death certificate to the bank.
- Payable-on-death (POD) accounts: pass directly to the named beneficiary under 205 ILCS 625/. Bring a death certificate and valid ID.
- Transfer-on-death (TOD) registrations for securities: pass to beneficiaries by operation of law.
- Individual accounts without POD or TOD: you need Letters of Office from the Circuit Court before the bank will release funds.
For step-by-step instructions, see how to close bank accounts after death in Illinois.
Retirement accounts and life insurance. These pass directly to named beneficiaries. Contact the plan administrator or insurance company with a certified death certificate and a completed beneficiary claim form.
Vehicles. Transfer title through the Illinois Secretary of State. For joint tenancy titles, the surviving owner applies within 120 days with the decedent's title, Form VSD 190, a $165 title fee, and a death certificate. For estates being probated, certified Letters of Office are required.
Real property. Illinois allows transfer-on-death instruments for residential real estate (755 ILCS 27/). If the deceased recorded a TOD instrument before death, the property transfers outside probate. If no TOD instrument exists, the property must go through probate. A PTAX-203 transfer declaration must be filed with the county recorder for any real property transfer.
Utilities, subscriptions, and credit cards. Cancel subscriptions. For credit cards in the deceased's name only, the estate is responsible. Notify each issuer in writing with a death certificate.
Illinois unclaimed property. Check the Illinois State Treasurer's iCash database at icash.illinoistreasurer.gov for any accounts you cannot locate.
Probate in Illinois: What You Need to Know
Probate is the legal process for transferring assets held in the deceased's name alone. Illinois probate is handled by the Circuit Courts. For a detailed walkthrough, see how probate works in Illinois.
What goes through probate. Only assets titled solely in the deceased's name with no beneficiary designation. The following assets skip probate entirely:
- Joint accounts with right of survivorship (765 ILCS 1005/)
- POD bank accounts (205 ILCS 625/)
- TOD instruments for residential real estate (755 ILCS 27/)
- TOD securities registrations
- Retirement accounts with named beneficiaries
- Life insurance with named beneficiaries
- Property held in a revocable living trust
Two administration modes in Illinois:
Independent administration (755 ILCS 5/Art. XXVIII): The default and most common form. The representative administers the estate without court orders for most actions. The will does not need to explicitly authorize it; the court grants it unless the will expressly forbids it or an interested person objects.
Supervised administration: Requires court approval for most actions. Used when the will specifically requires it, an interested person petitions for it, or the court determines it is necessary.
Small estate affidavit (755 ILCS 5/25-1): For personal property estates valued at $150,000 or less (threshold effective August 15, 2025). Cannot transfer real property. Motor vehicles are excluded from the threshold and can be transferred regardless of total estate value.
Filing fees. Cook County: $479 to open a probate estate. Downstate counties: approximately $250 to $400 (base fee of $100 plus local assessments).
For more detail on executor duties in Illinois, see the full executor guide.
Equitable Distribution: An Illinois-Specific Issue
Illinois is a common law property state, not a community property state. Each spouse owns property titled in their individual name. This directly affects who owns what after a death.
Intestate succession (755 ILCS 5/2-1):
- Spouse plus descendants: the surviving spouse receives one-half; descendants receive one-half (per stirpes).
- Spouse, no descendants: the surviving spouse receives the entire estate.
- Descendants, no spouse: descendants receive the entire estate.
Spousal right of renunciation (755 ILCS 5/2-8). A surviving spouse who is unsatisfied with what the will provides may renounce the will and take a statutory share: one-third of the estate if the deceased left descendants, or one-half if no descendants survive.
Surviving spouse and child awards (755 ILCS 5/Art. XV). The surviving spouse is entitled to a minimum award of $20,000, plus $10,000 for each minor child residing with the spouse. These awards are for support during the 9 months following death.
Illinois Has a State Estate Tax
Unlike Texas and Florida, Illinois imposes a state estate tax. This is a critical difference for Illinois families. See the full details in the estate and inheritance tax guide for Illinois.
Illinois estate tax exemption: $4,000,000. Estates exceeding this threshold must file Illinois Form 700 with the Attorney General's office. Graduated rates range from 0.8% to a maximum of 16%. The filing deadline is 9 months after death.
No inheritance tax. Illinois does not impose an inheritance tax. The estate pays the tax before assets are distributed, not the beneficiary who receives them.
No portability. Unlike the federal estate tax, Illinois does not allow a surviving spouse to use the deceased spouse's unused exemption. Each individual has their own $4 million exemption only.
Federal estate tax. For deaths in 2026, the federal estate tax exemption is $15,000,000 per person. The top rate is 40%. Form 706 is due 9 months after death. Most Illinois estates will not owe federal estate tax but should evaluate the state estate tax threshold carefully.
Illinois income tax. Illinois has a flat state income tax rate. A final Illinois income tax return (Form IL-1040) must be filed for the deceased for the year of death.
Medicaid Estate Recovery in Illinois
If the deceased received Illinois Medicaid, the state may file a claim against the estate to recover what it paid for certain services (305 ILCS 5/5-13).
How it works. The Illinois Department of Healthcare and Family Services (HFS) files claims against probate estates for Medicaid assistance provided through Aid to the Aged, Blind or Disabled, Medical Assistance Grant, and Medical Assistance No Grant programs.
Recovery methods: Estate claims filed against the probate estate, and TEFRA liens on real property of nursing facility residents not expected to return home.
When recovery is deferred:
- A surviving spouse is living
- A child under 21 survives the deceased
- A blind or disabled child survives the deceased
- Undue hardship provisions may apply
If the deceased received Medicaid benefits, consult an elder law attorney before distributing any estate assets.
Ongoing Tasks Timeline
After the immediate steps, here is the sequence of tasks over the following weeks and months:
| Timeframe | Task |
|---|---|
| First 24-48 hours | Confirm death, contact funeral home, call 911 if unexpected, notify immediate family |
| First week | Order 10-15 death certificates, secure the home, locate will and financial documents, notify SSA |
| Weeks 2-4 | File for probate (if needed), notify banks and creditors, apply for life insurance and survivor benefits |
| Within 14 days of probate order | Mail notice to heirs and legatees (755 ILCS 5/6-10) |
| Within 60 days of letters | File inventory with court (755 ILCS 5/14-1) |
| Promptly after letters | Publish notice to creditors for 3 successive weeks (755 ILCS 5/18-3) |
| 6 months from publication | Creditor claims deadline expires |
| 9 months after death | Illinois estate tax return due (Form 700, if estate exceeds $4M); federal estate tax return due (Form 706, if estate exceeds $15M) |
| April 15 following year | Final federal income tax return (Form 1040), final Illinois income tax return (Form IL-1040), estate income tax (Form 1041 if applicable) |
Frequently Asked Questions
How long does probate take in Illinois? A simple estate under independent administration takes 6 to 9 months minimum. A typical estate takes 9 to 12 months. Complex estates with real estate sales, disputes, or tax issues can take 12 to 24 months or longer.
Does Illinois have a state estate tax? Yes. Illinois has a state estate tax with a $4,000,000 exemption and graduated rates up to 16%. This is filed on Illinois Form 700 with the Attorney General's office, due 9 months after death.
What if the deceased had no will in Illinois? Dying without a will is called dying intestate. Illinois intestacy law (755 ILCS 5/2-1) determines who inherits. The distribution depends on which relatives survive the deceased. The estate still goes through probate, and the court appoints an administrator.
What is the $255 Social Security death benefit? A one-time lump-sum payment of $255, payable to the surviving spouse who was living in the same household, or to a dependent child who was already receiving benefits. Apply using Form SSA-8 within 2 years of the date of death.
Can I avoid probate entirely in Illinois? Yes, if the deceased's assets all have beneficiary designations, are held jointly with right of survivorship, are in a trust, or are covered by TOD instruments. For personal property estates under $150,000, a small estate affidavit may be used instead of full probate.
What to Do Next
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 complex estates, contested probates, or estates near the $4 million state estate tax threshold, consult an Illinois-licensed attorney.
Sources: 755 ILCS 5/ (Illinois Probate Act of 1975); 410 ILCS 535/ (Vital Records Act); 410 ILCS 18/ (Crematory Regulation Act); 35 ILCS 405/ (Illinois Estate and Generation-Skipping Transfer Tax Act); 305 ILCS 5/5-13 (Medicaid Estate Recovery); dph.illinois.gov; illinoiscourts.gov; ssa.gov