How does probate start in Illinois?

The person holding the will files it with the clerk of the circuit court immediately upon the death (755 ILCS 5/6-1); a petition asks the court to admit the will and issue letters (755 ILCS 5/6-2), in the order of preference 755 ILCS 5/9-3 sets, and notice of the admission goes to the heirs and legatees within 14 days (755 ILCS 5/6-10).

What does an Illinois representative do first?

Publishes a notice to creditors and mails it to known creditors, with a claims date not less than 6 months from the first publication (755 ILCS 5/18-3), and files an inventory within 60 days after the letters (755 ILCS 5/14-1).

Is there a simpler process for small Illinois estates?

Yes. Where the personal estate, excluding registered motor vehicles, does not exceed $150,000 and no letters are outstanding, a small estate affidavit collects it (755 ILCS 5/25-1); and where the gross estate subject to administration does not exceed $100,000, the court may order distribution on summary administration (755 ILCS 5/9-8).

Illinois Probate, Explained

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What is probate?

Probate is the court process that settles a deceased person's estate — admitting any will, issuing letters of office to an executor or administrator, paying valid claims and expenses, and distributing what remains to the heirs or legatees. In Illinois the circuit court of the county hears it (in Cook County, the Probate Division), and letters issue in the order of preference the statute sets (755 ILCS 5/9-3). Assets that pass another way (a funded Trust, beneficiary designations, a transfer on death instrument, jointly held property) generally skip probate.

The main types of Illinois probate

Letters of office

Whoever holds the will files it with the clerk immediately upon the death (755 ILCS 5/6-1); a petition asks the court to admit it and issue letters (755 ILCS 5/6-2), to the executor the will names or, for letters of administration, in the order of preference the statute sets (755 ILCS 5/9-3). Within 14 days after the order, the representative mails the heirs and legatees notice of the admission with the Supreme Court's explanation of their rights (755 ILCS 5/6-10; Ill. S. Ct. R. 108).

Independent and supervised administration

Most estates are administered independently — the representative serves the inventory on the interested persons rather than filing it (755 ILCS 5/28-6) and closes the estate by a verified report, discharged if no objection is filed within 42 days (755 ILCS 5/28-11); supervised administration brings each step to the court, with an account within 60 days after the first 12 months (755 ILCS 5/24-1). A trust itself is administered without continuing court supervision unless the court orders it (760 ILCS 3/201).

Small estates

Where the personal estate, excluding registered motor vehicles, does not exceed $150,000 and no letters are outstanding, a small estate affidavit collects it without a court proceeding (755 ILCS 5/25-1); where the gross estate subject to administration does not exceed $100,000 and every heir and legatee consents, the court may order distribution on summary administration (755 ILCS 5/9-8).

What happens in a Illinois probate

File the will with the circuit court clerk immediately upon the death (755 ILCS 5/6-1) and petition for its admission and for letters of office (755 ILCS 5/6-2, 755 ILCS 5/9-3).
Within 14 days after the order, mail notice of the admission to each heir and legatee (755 ILCS 5/6-10), and publish and mail the notice to creditors with a claims date not less than 6 months from the first publication (755 ILCS 5/18-3).
Within 60 days after the letters, prepare the inventory of the estate's real and personal property and causes of action (755 ILCS 5/14-1).
Pay the valid claims in the order of their classes, taxes and administration expenses; a claim not filed by the claims date is barred, and every claim is barred 2 years after the death (755 ILCS 5/18-10, 755 ILCS 5/18-12).
Distribute what remains and close the estate — by the independent representative's verified report, or the supervised account — once the claims, the spouse's award and any renunciation are settled (755 ILCS 5/28-11, 755 ILCS 5/15-1, 755 ILCS 5/2-8).

Can you avoid probate in Illinois?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, a transfer on death instrument for a home, and property held in joint tenancy generally pass outside probate. What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and an Illinois attorney can advise on your estate.

General information about Illinois law, not legal advice.

Frequently asked questions

How does probate start in Illinois?: The person holding the will files it with the clerk of the circuit court immediately upon the death (755 ILCS 5/6-1); a petition asks the court to admit the will and issue letters (755 ILCS 5/6-2), in the order of preference 755 ILCS 5/9-3 sets, and notice of the admission goes to the heirs and legatees within 14 days (755 ILCS 5/6-10).
What does an Illinois representative do first?: Publishes a notice to creditors and mails it to known creditors, with a claims date not less than 6 months from the first publication (755 ILCS 5/18-3), and files an inventory within 60 days after the letters (755 ILCS 5/14-1).
Is there a simpler process for small Illinois estates?: Yes. Where the personal estate, excluding registered motor vehicles, does not exceed $150,000 and no letters are outstanding, a small estate affidavit collects it (755 ILCS 5/25-1); and where the gross estate subject to administration does not exceed $100,000, the court may order distribution on summary administration (755 ILCS 5/9-8).

General information about Illinois law, not legal advice.