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Illinois Probate Forms List: What You Actually File
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Illinois Probate Forms List: What You Actually File

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The Illinois probate filings by stage: opening petitions, creditor notices, the inventory and closing report, the small estate affidavit, and RT OPR 31.

By Settled Editorial

Illinois probate paperwork splits into two kinds, and knowing which is which saves a day of searching. The statewide standardized forms on illinoiscourts.gov cover many court tasks, and the clerks post local versions. But the filings that run an estate, the opening petitions, the oath and bond, the inventory and accounts, are mostly drafted documents. The two genuine fill-in forms in the estate lane are the statutory small estate affidavit and the Secretary of State's vehicle version of it. Here is the full list by stage, from our Illinois forms reference data.

Opening the estate

DocumentWhen it is used
The original willDeposited with the Circuit Court clerk immediately after death, case or no case
Petition for Probate of Will and for Letters TestamentaryThere is a will and the estate needs a representative
Petition for Letters of AdministrationNo will, and the estate needs a representative
Oath and Bond of RepresentativeFiled with the petition, before letters of office issue
Notice to Heirs and LegateesImmediately after letters issue, on the 14-day clock

Filing fees are set by each Circuit Court clerk. Depositing the will itself is free and mandatory on its own clock, which our Illinois probate deadlines post covers along with the 30-day window the named executor has to petition or refuse. What the resulting letters of office let a representative do is its own guide.

Creditor notice and claims

Two documents run the six-month claim machinery: the Claim Notice to Creditors, published once a week for three successive weeks and mailed to known creditors as soon as letters issue, and the Claim Against the Estate, the document a creditor files to seek payment. The claim date the notice states must sit at least six months after first publication, or three months after mailed notice, whichever is later. The creditor claims guide covers allowance and contest.

Inventory, accounting, and closing

Three documents, and which ones reach the courthouse depends on the administration type. The Inventory of the Estate is prepared within 60 days of letters; in independent administration it goes to the interested persons rather than the court file. The Verified Account belongs to supervised administration, or to any independent one where an interested person demands it. And the Independent Administration Closing Report is how the common case actually ends: claims resolved, assets distributed, report filed, 42 days for objections where notice is required.

The small estate affidavit: the statutory form

The exception to the drafted-documents rule. The affidavit's required contents are written into 755 ILCS 5/25-1(b) itself, which is why every version you find tracks the same text: it works when no probate case is open or planned and the personal estate sits within the cap, it needs a notary and no judge, and the bank or company holding the asset hands it over on the affidavit's authority. Our small estate affidavit guide covers how the state-by-state caps work. For vehicles, the Secretary of State publishes RT OPR 31, its own small estate affidavit for title transfers, filed with the title paperwork rather than any court.

Between the affidavit and full probate sits summary administration: a petition asking the court to distribute an estate of $100,000 or less without full administration, available when every heir and legatee agrees. It sees less use than the affidavit because it still means a court case; its niche is the estate that needs a court order but not a running administration.

Where the official sources live

The approved statewide standardized forms and the court forms hub live on illinoiscourts.gov, each Circuit Court clerk posts local requirements, and the Probate Act itself, 755 ILCS 5, is on the General Assembly's site. The Illinois probate guide covers the process these filings belong to, and the probate timeline shows when each lands.

Frequently Asked Questions

Where do I download Illinois probate forms?

The statewide standardized forms are on illinoiscourts.gov and clerks post local versions, but the estate petitions and accounts are drafted documents in most counties.

What does it cost to file?

Filing fees are set by each Circuit Court clerk, so check the county's fee schedule; depositing the will is free.

Is there an official small estate affidavit?

Yes, the statutory form of 755 ILCS 5/25-1(b), plus the Secretary of State's RT OPR 31 for vehicle titles.

Do I need a lawyer to file these?

No statute requires one, but many Probate Divisions expect an attorney of record for an opened estate. The affidavit lane needs no lawyer and no court, which our probate without a lawyer guide covers.

Frequently asked questions

Where do I get Illinois probate forms?
Two places, for two kinds of document. The Illinois courts publish approved statewide standardized forms on illinoiscourts.gov, and each Circuit Court clerk posts local versions and filing instructions. But the main estate filings, the petitions for letters, the oath and bond, and the accounts, are drafted documents in most counties rather than fill-in forms.
What form opens a probate case in Illinois?
A Petition for Probate of Will and for Letters Testamentary when there is a will, or a Petition for Letters of Administration when there is not, filed with the Circuit Court of the decedent's county along with the representative's oath and bond. Letters of office issue after the order, and notice goes to heirs and legatees immediately afterward.
Does the Illinois small estate affidavit have an official form?
Yes, and it is the exception in this list: the affidavit's contents are set out in the statute itself, 755 ILCS 5/25-1(b), so the form is statutory. It collects personal property within the cap with no court case at all, and the Secretary of State publishes RT OPR 31, its own small estate affidavit version for vehicle title transfers.
What is summary administration in Illinois?
A court-ordered shortcut under the Probate Act that distributes an estate of $100,000 or less without full administration when every heir and legatee consents. It is a petition, not a fill-in form, and it is less used than the small estate affidavit because the affidavit needs no court case at all.

Information current as of August 22, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Illinois can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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