Illinois Probate Timeline by County

How long probate takes in Cook, DuPage, Lake, Will, Kane, and McHenry counties — plus a phase-by-phase breakdown of the Illinois probate process.

Last updated: June 2026 — Timelines are estimates. Actual duration depends on estate complexity and court scheduling.

9–12 mo
Simple Estate
12–24+ mo
Complex Estate
30–60 days
Small Estate Affidavit
6 months
Creditor Claims Period
CountySimple EstateComplex EstateSmall EstateCase Volume
Cook County9–12 months12–24+ months30–60 daysVery High
DuPage County9–12 months12–18 months30–60 daysHigh
Lake County9–12 months12–18 months30–60 daysModerate-High
Will County9–12 months12–24 months30–60 daysModerate-High
Kane County9–12 months12–18 months30–60 daysModerate
McHenry County9–12 months12–18 months30–60 daysModerate

Illinois Probate Phase-by-Phase Timeline

1

File Petition & Open Estate

Week 1–2

File petition with Circuit Court, attend hearing, receive Letters of Office.

2

Publish Creditor Notice

Week 2–3

Publish notice in local newspaper once a week for 3 consecutive weeks. First publication within 14 days of Letters of Office.

3

File Inventory

Within 60 days

File complete inventory of all estate assets with the court.

4

Creditor Claims Period

Months 1–6

Mandatory 6-month period for creditors to file claims (755 ILCS 5/18-3). Cannot distribute assets until this period closes.

5

Pay Debts & Taxes

Months 6–9

Pay valid creditor claims, estate expenses, and any Illinois or federal estate tax obligations.

6

Distribute Assets & Close

Months 9–12

Distribute remaining assets to beneficiaries, file final accounting with court, receive court order closing the estate.

County-by-County Notes

Cook County

Simple: 9–12 months

Largest probate docket in Illinois. Court scheduling delays are common. Independent administration strongly recommended to avoid supervised administration backlogs.

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DuPage County

Simple: 9–12 months

Second most populous county. Generally efficient court scheduling. Mandatory e-filing through I2File or eFileIL. Inventory due within 60 days of appointment.

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Lake County

Simple: 9–12 months

19th Judicial Circuit provides a Probate Court Handbook for executors. Court scheduling is generally faster than Cook County. Strong preference for independent administration.

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Will County

Simple: 9–12 months

Fast-growing southwestern suburb. Caseload increasing annually. Early pilot county for mandatory e-filing. Inventory due within 60 days.

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Kane County

Simple: 9–12 months

16th Judicial Circuit. Generally efficient for straightforward estates. Court located in St. Charles. Lighter docket than Cook or DuPage typically means faster scheduling.

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McHenry County

Simple: 9–12 months

Probate hearings held at 9:30 AM in Courtroom 202, Woodstock courthouse. Lighter docket means faster court dates. Mandatory e-filing with original wills filed in person at Room 136.

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What Makes Illinois Probate Take Longer

  • Contested wills or heir disputes — litigation adds months or years
  • Real estate in multiple states — requires ancillary probate in each state
  • Illinois estate tax — estates over $4 million require a tax return within 9 months
  • Supervised administration — court approval required for each action; avoid when possible
  • Missing heirs or creditors — extended search periods delay closing
  • Cook County court volume — high caseload can delay hearing dates by weeks

Find a Probate Attorney in Your County

An experienced probate attorney can keep your estate on track and avoid the delays that extend timelines by months.