Illinois Probate Process: A Complete 2026 Guide

Overview of Illinois Probate

Illinois probate is governed by the Illinois Probate Act of 1975 (755 ILCS 5/). The state offers independent administration as the default, which significantly simplifies the process.

Types of Illinois Probate

Independent Administration

The default in Illinois. The executor can act without court approval for most matters (selling property, paying claims, distributing assets). This is similar to Texas's approach. Minnesota also follows the Uniform Probate Code with a similar framework.

Supervised Administration

Requires court approval for most actions. Used when a beneficiary or creditor objects to independent administration.

Small Estate Affidavit

Available when the estate's personal property is valued at $100,000 or less and there is no real estate to transfer. The affidavit can be used 30 days after death.

Step-by-Step Process

Step 1: File Petition

File a Petition for Probate and Letters of Office with the circuit court in the county where the decedent resided. Filing fees are approximately $350–$400.

Step 2: Publish Notice

Publish a notice to creditors in a local newspaper within 14 days of appointment.

Step 3: Notify Heirs and Creditors

Send written notice to all known heirs and creditors. Creditors have 6 months from the first publication date (or 3 months from direct notice) to file claims.

Step 4: Inventory

File an inventory within 60 days of appointment listing all estate assets.

Step 5: Manage the Estate

Under independent administration, the executor has broad authority to manage assets, pay debts, and make distributions without court orders.

Step 6: File Final Report and Close

File a final report and receipt of distribution to close the estate.

Illinois Probate Costs

Illinois does not have statutory fee schedules — attorney and executor fees must be "reasonable."

Timeline

• Small estate affidavit: 30+ days after death
• Independent administration: 6–9 months
• Supervised administration: 9–18 months

Illinois Estate Tax

Illinois imposes a state estate tax on estates exceeding $4 million. This is a separate tax from the federal estate tax and applies to Illinois residents and non-residents owning Illinois real property.

Tips for Illinois Executors

1. Independent administration is your friend — take advantage of the reduced court oversight. For a detailed roadmap, see our Executor's First 30 Days Checklist
2. Watch the small estate threshold — $100,000 for personal property makes many estates eligible for simplified procedures
3. Be aware of the Illinois estate tax — the $4 million exemption is lower than many other states
4. Keep detailed records even under independent administration — beneficiaries can request an accounting

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