How Probate Works in Illinois
A complete step-by-step guide for families navigating estate administration.
What is Probate?
Probate is the court-supervised legal process through which a deceased person's estate is administered. It involves validating the will (if one exists), appointing an executor or administrator to manage the estate, notifying creditors, paying debts and taxes, and distributing remaining assets to heirs or beneficiaries.
In Illinois, probate cases are filed in the Circuit Court of the county where the deceased person resided at the time of death. Each county has its own probate division — in Cook County, this is the Probate Division of the Circuit Court of Cook County, located at the Richard J. Daley Center in Chicago.
When is Probate Required in Illinois?
Not all estates require probate. In Illinois, probate is generally required when:
- The deceased owned real estate in their name alone (without a transfer-on-death deed).
- The total value of individually owned assets exceeds $100,000.
- There are debts that creditors need to resolve through a formal process.
- There is a dispute among heirs or beneficiaries.
Assets that pass outside of probate include jointly held property, life insurance proceeds with a named beneficiary, retirement accounts (IRA, 401k), payable-on-death bank accounts, and assets held in a living trust.
The Illinois Probate Process: Step by Step
File a Petition with the Probate Court
The executor named in the will (or a family member if there is no will) files a petition with the Circuit Court in the county where the deceased lived. The court verifies the will's validity and officially opens the estate.
Appointment of Executor or Administrator
The court appoints an executor (if named in the will) or an administrator (if there is no will). This person has legal authority to act on behalf of the estate.
Inventory and Appraisal of Assets
The executor creates a complete inventory of all estate assets — real estate, bank accounts, investments, vehicles, personal property — and their estimated values.
Notify Creditors
Illinois law requires the executor to publish a notice to creditors in a local newspaper for three consecutive weeks. Creditors then have six months from the date of publication to file claims against the estate.
Pay Debts, Taxes, and Expenses
Valid creditor claims, estate administration expenses, and any applicable taxes (Illinois estate tax, federal estate tax) are paid from estate assets before distributions to heirs.
File Estate Tax Returns (if applicable)
Illinois imposes an estate tax on estates valued over $4 million. Federal estate tax applies to estates over the federal exemption threshold (currently $13.61 million per person). An estate attorney can advise whether returns must be filed.
Distribute Assets to Heirs
After all debts and taxes are settled, the executor distributes remaining assets to beneficiaries named in the will, or per Illinois intestacy law if there is no will.
Close the Estate
The executor files a final accounting with the court showing all income, expenses, and distributions. Once approved, the court issues an order closing the estate.
How Long Does Probate Take in Illinois?
A straightforward Illinois probate case typically takes 6 to 12 months. The minimum timeline is driven by the six-month creditor claim period required by Illinois law (755 ILCS 5/18-3). Complex estates — those with disputed wills, real estate in multiple states, business interests, or contested debts — can take 2 to 3 years or longer.
What Does Probate Cost in Illinois?
Typical costs include:
- Court filing fees: $200–$500 depending on estate size and county
- Publication fees: $100–$300 for required creditor notices
- Attorney fees: Often 2–4% of the gross estate value, or charged hourly
- Executor fees: The executor is entitled to reasonable compensation from the estate
- Appraisal fees: Required for real estate, business interests, or unusual assets
Small Estate Affidavit in Illinois
If the total value of the estate (excluding real estate and jointly held assets) is $100,000 or less, Illinois allows heirs to collect assets using a Small Estate Affidavit (755 ILCS 5/25-1) — no formal probate required. This is a signed, notarized document that can be presented to banks and other institutions.
Do I Need an Attorney for Illinois Probate?
Illinois does not technically require an attorney for probate. However, most executors hire one for good reason: probate involves legal filings, court appearances, creditor negotiations, and tax decisions that carry personal liability if mishandled. An experienced probate attorney can help you avoid costly mistakes and move the process along efficiently.
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