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Illinois Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Illinois.

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Types of Probate in Illinois

Illinois probate runs through the Circuit Court of the county where the decedent lived, in a dedicated Probate Division in Cook County and other large circuits and on the general civil docket elsewhere. The path depends on what the estate holds and what it is worth: a small estate affidavit handles personal property with no court case at all, summary administration is a court-ordered shortcut for the smallest estates with everyone's written consent, and everything else opens as independent or supervised administration.

See the full comparison of Illinois probate typesWhich procedures exist, who qualifies, and how the timelines compare.
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Find your county

Illinois Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 102 counties have detailed data.

Full data available: AdamsFull data available: AlexanderFull data available: BondFull data available: BooneFull data available: BrownFull data available: BureauFull data available: CalhounFull data available: CarrollFull data available: CassFull data available: ChampaignFull data available: ChristianFull data available: Clark
Show all 102 counties
Full data available: ClayFull data available: ClintonFull data available: ColesFull data available: CookFull data available: CrawfordFull data available: CumberlandFull data available: DeKalbFull data available: De WittFull data available: DouglasFull data available: DuPageFull data available: EdgarFull data available: EdwardsFull data available: EffinghamFull data available: FayetteFull data available: FordFull data available: FranklinFull data available: FultonFull data available: GallatinFull data available: GreeneFull data available: GrundyFull data available: HamiltonFull data available: HancockFull data available: HardinFull data available: HendersonFull data available: HenryFull data available: IroquoisFull data available: JacksonFull data available: JasperFull data available: JeffersonFull data available: JerseyFull data available: Jo DaviessFull data available: JohnsonFull data available: KaneFull data available: KankakeeFull data available: KendallFull data available: KnoxFull data available: LakeFull data available: LaSalleFull data available: LawrenceFull data available: LeeFull data available: LivingstonFull data available: LoganFull data available: McDonoughFull data available: McHenryFull data available: McLeanFull data available: MaconFull data available: MacoupinFull data available: MadisonFull data available: MarionFull data available: MarshallFull data available: MasonFull data available: MassacFull data available: MenardFull data available: MercerFull data available: MonroeFull data available: MontgomeryFull data available: MorganFull data available: MoultrieFull data available: OgleFull data available: PeoriaFull data available: PerryFull data available: PiattFull data available: PikeFull data available: PopeFull data available: PulaskiFull data available: PutnamFull data available: RandolphFull data available: RichlandFull data available: Rock IslandFull data available: St. ClairFull data available: SalineFull data available: SangamonFull data available: SchuylerFull data available: ScottFull data available: ShelbyFull data available: StarkFull data available: StephensonFull data available: TazewellFull data available: UnionFull data available: VermilionFull data available: WabashFull data available: WarrenFull data available: WashingtonFull data available: WayneFull data available: WhiteFull data available: WhitesideFull data available: WillFull data available: WilliamsonFull data available: WinnebagoFull data available: Woodford

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Illinois Probate Guides

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Illinois Probate Guide
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How to Avoid Probate in Illinois
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Illinois Executor Duties
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Illinois Executor Duties

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Illinois Creditor Claims

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Avoiding Probate

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Illinois Probate Self-Help and Online Resources

Illinois Estate Law Overview

Illinois Estate Tax Info

Illinois has no inheritance tax on beneficiaries and no probate tax at filing, but it DOES have its own estate tax with a $4,000,000 exclusion, well below the federal exclusion, plus a flat state income tax.

Yes
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines who receives probate property when an Illinois resident dies without a valid will.

View spouse inheritance rules
No surviving children or other descendants of the decedent100%

If there is a surviving spouse but no descendant, the entire intestate estate passes to the surviving spouse (755 ILCS 5/2-1(c)).

The decedent leaves both a surviving spouse and one or more descendants (children, grandchildren, and so on)1/2

If there is a surviving spouse and also a descendant, one half of the estate goes to the spouse and one half to the descendants per stirpes (755 ILCS 5/2-1(a)). Unlike many states, Illinois applies the same 50/50 split whether or not the children are also the surviving spouse's children.

View order of inheritance (no spouse)
  1. 1Parents, brothers, and sisters (and descendants of deceased siblings)The estate is divided equally among the decedent's parents and siblings. If only one parent survives, that parent takes a double portion. Descendants of a deceased brother or sister take that sibling's share per stirpes.
  2. 2Grandparents and their descendantsHalf to the maternal grandparents or their descendants and half to the paternal grandparents or their descendants; if one side has no takers, the whole passes to the other side.
  3. 3Great-grandparents and their descendantsDivided between the maternal and paternal great-grandparent lines the same way the grandparent split works.
  4. 4Nearest kindredIf no closer class exists, the estate passes in equal parts to the nearest kindred in equal degree, computed by civil law rules, without representation.

Illinois Homestead Protection

Illinois homestead protection is a capped statutory creditor exemption, not an unlimited constitutional homestead system. Under 735 ILCS 5/12-901, every individual is entitled to an estate of homestead of $50,000 in the residence they own or rightly possess and occupy ($100,000 proportionate cap when two or more individuals own the home). The exemption applies automatically to the occupied residence; no homestead deed or recording is required. After the owner's death the exemption continues for the surviving spouse while they occupy the home and for children until the youngest turns 18 (735 ILCS 5/12-902).

$10,000
Property Tax Exemption
Creditor protection: read the statute text

$50,000 per individual; when two or more individuals own the property, each owner's exemption is capped at that owner's proportionate share of $100,000. For deaths, judgments, and sales governed by pre-2026 law, the prior amounts were $15,000 and $30,000.

Statute: 735 ILCS 5/12-901 (P.A. 104-120, eff. 1-1-2026)

Size limits & qualifications

Inside city limits: No acreage limit

Outside city limits: No acreage limit

Property types: Farm or lot of land with buildings, Condominium unit, Personal property occupied as a residence (such as a mobile home), Cooperative interest used as a residence

Restrictions on leaving homestead in will

With spouse, no minor children:

The owner may devise the home freely. The surviving spouse keeps the homestead exemption while occupying the residence (735 ILCS 5/12-902) and separately holds the renunciation right (755 ILCS 5/2-8) and the spouse's award (755 ILCS 5/15-1).

With minor children:

The owner may devise the home freely, but the homestead exemption continues for children until the youngest child turns 18 (735 ILCS 5/12-902), and minor children may have a child's award (755 ILCS 5/15-2).

Exempt Property

Illinois protects surviving family through the statutory spouse's and child's awards in probate (755 ILCS 5/15-1 and 15-2) and protects debtor property through the homestead estate and personal property exemptions of the Code of Civil Procedure. Illinois does not use the UPC labels 'exempt property' or 'homestead allowance'; the awards plus the homestead exemption fill those roles.

View exempt items
Spouse's Award (probate)
A sum the court deems reasonable for 9 months of support of the surviving spouse and eligible children, never less than the statutory minimums, exempt from judgment, garnishment, or attachment in the representative's hands (755 ILCS 5/15-1). Paid as a second-class claim ahead of general creditors. The minimums took effect for deaths on or after July 2, 2010 (P.A. 96-968); the adult dependent child provisions apply for deaths on or after June 1, 2018 (P.A. 100-478).
Minimum $20,000, plus $10,000 for each minor child and $5,000 for each adult dependent child who resided with the surviving spouse at death (755 ILCS 5/15-1(a-5) sets the adult dependent child minimum at $5,000, not $10,000)
Child's Award (probate, no surviving spouse or child living apart)
When no spouse survives, each minor child receives at least $10,000 plus a share of an additional $20,000 (755 ILCS 5/15-2(b)). A minor child not residing with the surviving spouse receives an award of at least $10,000 (15-2(a)). An adult child who was dependent on the decedent and is likely to become a public charge can receive at least $5,000 (15-2(b-5)).
Minimum $10,000 per minor child, plus an additional $20,000 divided among the children when there is no surviving spouse; $5,000 minimum for a qualifying adult dependent child
Homestead Estate (creditor exemption that survives death)
The occupied residence is exempt up to the cap under 735 ILCS 5/12-901 (P.A. 104-120), and the exemption continues after death for the surviving spouse while occupying the home and for children until the youngest turns 18 (12-902). See homestead-law.json.
$50,000 per individual; proportionate share of $100,000 for multiple owners (effective January 1, 2026; previously $15,000/$30,000)
Household Goods and Personal Effects (creditor)
735 ILCS 5/12-1001(a) (P.A. 104-120, effective January 1, 2026) exempts household goods, food, furniture, appliances, clothing, pets, personal health aids, medications, computers, and phones of the debtor and dependents, plus one piece of jewelry worth up to $5,000.
No dollar cap for ordinary items; a creditor needs court permission to levy on any item with resale value over $5,000; one piece of jewelry up to $5,000
Wildcard (creditor)
735 ILCS 5/12-1001(b) lets a debtor protect up to $4,000 of equity in any personal property; 12-1001.1 makes $1,000 of money in a checking or savings account automatically exempt on consumer debt judgments.
$4,000 equity in any other property, of which $1,000 is an automatic deposit-account exemption
Motor Vehicle (creditor)
735 ILCS 5/12-1001(c), as amended by P.A. 104-120.
One motor vehicle up to $3,600 in equity (raised from $2,400 effective January 1, 2026)
Tools of Trade (creditor)
735 ILCS 5/12-1001(d), as amended by P.A. 104-120.
Implements, professional books, and tools of the trade up to $2,250 in equity (raised from $1,500 effective January 1, 2026)
Life Insurance and Annuities (creditor and estate planning)
735 ILCS 5/12-1001(f) exempts life insurance proceeds and cash value payable to a dependent of the insured, including proceeds paid to certain trusts for those dependents.
Generally exempt when payable to a spouse, child, parent, or other dependent
Retirement Plans (creditor)
735 ILCS 5/12-1006 exempts interests in qualified retirement plans, IRAs, and Illinois Pension Code plans from judgment and seizure.
Exempt without a dollar cap when the plan is intended to qualify under the Internal Revenue Code or is an Illinois public pension
Benefits and Personal Injury Recoveries (creditor)
735 ILCS 5/12-1001(g) and (h), as amended by P.A. 104-120. Wrongful death recoveries needed for support are also exempt.
Social Security, unemployment, public assistance, veterans, disability, and support payments as reasonably necessary; personal injury payments up to $22,500 (raised from $15,000 effective January 1, 2026)

Family Allowance

Spouse: at least $20,000, plus $10,000 per minor child and $5,000 per adult dependent child residing with the spouse. No spouse: at least $10,000 per minor child plus $20,000 divided among the children. Adult dependent children: at least $5,000. - Illinois calls its family allowance the spouse's award and child's award: a court-set sum reasonable for the family's proper support for 9 months after the death, with statutory floors.

Illinois Probate Questions

How much does probate cost in Illinois?
Illinois probate filing fees vary by county and type of administration. According to Illinois court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free Illinois fee calculator for county-specific estimates.
How long does probate take in Illinois?
Most Illinois estates in full administration run about 9 to 14 months. The floor is set by the claim date in the published notice to creditors, which must fall at least 6 months after first publication (755 ILCS 5/18-3), so an estate cannot safely close before then. A small estate affidavit has no waiting period at all and can be used immediately, and summary administration takes roughly 2 months because of the 3-week publication run and the 30-day wait before the hearing.
Do I need an attorney for probate in Illinois?
Illinois law does not require a representative to hire an attorney, and the small estate affidavit is designed to be used without one. Most Illinois estates in full administration are handled with counsel, and many Circuit Courts expect a represented estate when a representative acts for other beneficiaries. Attorney review is recommended for supervised administration, contested estates, and any estate holding real property or a business.
Are these Illinois probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Illinois county page and the county office handling the estate before filing.
Which Illinois source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Illinois Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.