Illinois Probate Guide | Settled Estate

Illinois probate readers usually want one answer first: which court handles the estate, and which path fits the property left behind. In Illinois, you open the estate in the Circuit Court of the county where the person lived at death. Cook County and other large circuits run a dedicated Probate Division; smaller counties hear estates on the general civil docket of the Circuit Court. Illinois has no separate probate court, and no register of wills. (See the Probate Act of 1975, 755 ILCS 5/.)

Use this Illinois probate guide as a planning map, not as legal advice or a filing packet. Each Circuit Court Clerk sets local checklists, filing forms, and document reviews. Start with the Illinois county probate directory, then confirm the packet with the Clerk of the Circuit Court in the right county before you sign or file anything.

This Illinois probate guide also flags when a source-backed checklist is not enough. Disputes, insolvent estates, unclear heirs, and real estate sales can call for a lawyer before anyone qualifies or distributes.

Where Illinois Probate Starts

Illinois probate starts in the Circuit Court of the county where the decedent resided at death (755 ILCS 5/5-1). The executor named in a will, or an administrator when there is no will, petitions that court. The court issues letters of office: letters testamentary when there is a will, or letters of administration when there is none. Those letters prove the personal representative's authority, and banks, title companies, and record holders ask for them before they release anything.

One Illinois point helps set expectations. Cook County runs a dedicated Probate Division of its Circuit Court, and several other large counties do too, but most of the state's 102 counties hear estate cases on the general civil docket. Illinois has 102 counties and no independent cities, so the county of residence points to a single filing office. The Illinois Circuit Court directory maps each county to its clerk.

For related Illinois pages, keep these nearby:

Illinois county probate directory for the right county Circuit Court
Illinois first steps guide for the early document-gathering stage
Illinois Circuit Court directory for the county filing office
Illinois executor duties guide for personal representative planning
Illinois probate timeline for filing and closing dates
Illinois small estate affidavit guide for the no-court path

Independent Versus Supervised Administration

A full Illinois administration runs on one of two tracks. The difference is how closely the Circuit Court watches each step, not who serves as personal representative.

Independent Administration

Independent administration lets the personal representative act without going back to the court for order-by-order approval, under Article XXVIII of the Probate Act (755 ILCS 5/28-1 and following). When a petition asks for independent administration and does not request supervision, the court grants it, and the representative gathers assets, pays valid claims, and distributes the estate without routine court orders (755 ILCS 5/28-2). When the will itself directs independent administration, the court keeps the estate independent unless it finds good cause to supervise. The Illinois executor duties guide breaks down the representative role that runs through either track.

Independent administration still carries real duties. The representative mails or delivers a copy of the inventory to each interested person (755 ILCS 5/28-6) and closes the estate by filing a verified report with the court, after which interested persons have 42 days to object before the estate closes (755 ILCS 5/28-11). It drops the routine court approvals, not the duties owed to heirs and creditors.

Supervised Administration

Supervised administration puts the Circuit Court back in the loop. The representative files a verified account within 60 days after the first 12 months of administration, and afterward as the court requires, and the court approves that account before the estate closes (755 ILCS 5/24-1). Courts use supervised administration when a will asks for it, when the interested parties cannot all agree, or when an interested person objects to independent administration and the court sustains the objection (755 ILCS 5/28-2, 28-4).

Either track ends the same way, with a closed estate and property in the right hands. Independent administration usually costs less and moves faster because it skips the routine hearings, which is why most Illinois estates request it in the petition.

Summary Administration and Small Estates

Not every Illinois estate needs a full administration. Two shorter paths turn on the size of the estate.

Small Estate Affidavit

A notarized small estate affidavit collects a decedent's personal property without opening probate at all (755 ILCS 5/25-1). For deaths on or after August 15, 2025, the personal estate, not counting motor vehicles registered with the Secretary of State, must not exceed $150,000, and registered vehicles transfer in addition to that amount. For deaths before that date, the older $100,000 gross personal estate limit applies. Illinois sets no waiting period for the affidavit. It cannot transfer real estate, and the affiant must pay valid claims in statutory order before handing anything to heirs or legatees. The higher limit came from Public Act 104-346. The Illinois small estate affidavit guide walks through this path step by step.

Summary Administration

Summary administration is a court-ordered shortcut, not a self-help affidavit. The Circuit Court can order distribution on summary administration when the gross value of the real and personal estate subject to administration in Illinois does not exceed $100,000, every heir and legatee consents in writing, claims and death taxes are paid or provided for, and each distributee posts a refund bond (755 ILCS 5/9-8). Notice runs once a week for 3 successive weeks, with the hearing at least 30 days after the first publication. Unlike the affidavit, this $100,000 figure counts real estate and vehicles.

Neither path is a universal probate bypass. When debts, real estate, or a contested will are in play, full administration may be the right route. When there is no will, the estate passes by Illinois intestate succession, which sets who inherits and in what order.

What Passes Outside Probate

Illinois law moves a lot of property outside the estate. Property held in joint tenancy with right of survivorship, payable-on-death and transfer-on-death accounts, and life insurance or retirement accounts payable to a named beneficiary go straight to the survivor or beneficiary. Illinois also authorizes a transfer on death instrument for real estate. An owner can record a transfer on death instrument before death that names who takes the property at death, outside probate, for any Illinois real property when the owner dies on or after January 1, 2022 (755 ILCS 27/). The instrument only works when the owner signs it before two credible witnesses, has it notarized, and records it with the county recorder before death (755 ILCS 27/40, 27/45).

Documents to Gather Before Filing

This Illinois probate guide starts with documents because the Circuit Court, banks, and beneficiaries ask many of the same questions. A short document stack makes the first conversation more useful.

Gather or locate:

Certified Illinois death certificates for banks, title work, and court filings
The original will and any codicils, if found
Names, ages, and addresses for heirs and any named executor
A list of bank accounts, vehicles, personal property, business interests, and real estate
Deeds, parcel numbers, and mortgage details for real estate
Vehicle titles and registrations
Recent bills, creditor letters, funeral invoices, and tax notices
Beneficiary designations, payable-on-death records, survivorship titles, transfer on death instruments, and trust documents

The Illinois death certificate guide can help plan certified copies, and the Illinois vehicle transfer guide keeps title work separate from court authority.

Timeline Signals to Track

Every estate is different, but this Illinois probate guide uses a few dates as planning anchors. Confirm each one with the Circuit Court for the specific estate.

Task	Timing signal
Order certified death certificates	Soon after death, for banks, title work, and court filings
File the original will with the Circuit Court Clerk	Immediately after death; wilfully secreting the will for 30 days after the death is known to you is punished on conviction as in cases of theft of property classified as a Class 3 felony (755 ILCS 5/6-1)
Named executor petitions or declines	Within 30 days after learning of the nomination (755 ILCS 5/6-3)
Prepare the inventory	Within 60 days after letters of office issue (755 ILCS 5/14-1)
Publish notice to creditors, then run the claim bar	The claim date is at least 6 months after the first publication, or 3 months after mailed notice to a known creditor, whichever is later (755 ILCS 5/18-3, 18-12)
Contest the will	Within 6 months after the will is admitted to probate (755 ILCS 5/8-1)
Small estate affidavit	No waiting period, with the personal estate at $150,000 or less for deaths on or after August 15, 2025 (755 ILCS 5/25-1)

One outer edge sits behind the published-notice window. Whether or not letters ever issue, every claim that could be barred is cut off 2 years after the date of death (755 ILCS 5/18-12(b)). The routine claim window is the 6 months measured from first publication, so do not wait on the notice. Keep receipts, filed copies, and account statements in one folder as you go. The Illinois probate timeline walks through these dates in more detail.

Costs and Taxes

Illinois estate costs come in separate buckets, and it helps to keep them apart. Illinois has no probate tax. The Circuit Court Clerk charges a case filing fee set by county ordinance within statutory maximums, plus the publication cost for the notice to creditors, which the newspaper bills directly. The personal representative and the estate's attorney may receive reasonable compensation for their work, which the court can review. Those fees stay separate from the estate's own debts, which get paid in the class order set by statute (755 ILCS 5/18-10): funeral and administration costs first, then the surviving spouse's or child's award, and general creditor claims after that.

Taxes need a clear-eyed look, because Illinois differs from many states. Illinois has its own estate tax with a $4,000,000 exclusion for deaths on or after January 1, 2013 (35 ILCS 405/). When the estate runs above that amount, an Illinois estate tax return goes to the Illinois Attorney General and any tax gets paid to the Illinois State Treasurer, on the same 9-month schedule as the federal return. An estate can owe Illinois estate tax even when it owes no federal tax, because the Illinois exclusion sits below the federal one. Illinois charges no inheritance tax on what beneficiaries receive. Final income tax returns and, for large estates, the federal estate tax can still apply.

When to Get Legal Help

Some Illinois estates are simple enough to plan with court forms and Circuit Court instructions, and the guide to Illinois probate without a lawyer walks through what that route asks of you. Others need a lawyer before anyone qualifies, sells property, pays a creditor, or hands money to heirs.

Consider talking with an Illinois probate attorney when:

Heirs or legatees disagree about the will, the assets, or who should serve
The estate may be insolvent, so the class order of paying debts matters
Real estate must be sold to pay debts
The decedent owned property in more than one state, which can call for a second proceeding
A business interest, lawsuit, tax question, or Medicaid estate recovery issue is present
A surviving spouse is weighing a renunciation of the will instead of taking under it
The asset list or heir picture is unclear for a small estate affidavit

This Illinois probate guide can help organize the source-backed task list and the right county. A lawyer can advise on rights, disputes, and signing decisions.

A Practical Filing Sequence

Use this sequence as a planning checklist:

Locate the original will, certified death certificates, account records, deeds, titles, and creditor notices.
Confirm the county where the decedent lived at death, and its Circuit Court or Probate Division.
Decide whether the estate needs full administration, the $150,000 small estate affidavit, $100,000 summary administration, or no court step at all.
Petition the Circuit Court for letters testamentary or letters of administration when administration applies.
Ask for independent administration in the petition unless a reason points toward supervision.
Publish and mail the notice to creditors, then track the 6-month claim bar.
Keep receipts, filed copies, and distribution records together, and close by verified report or a court-approved account.

Start with the Illinois county probate directory and the Illinois Circuit Court directory to line up the local packet, the deadlines, and the source notes in one place.

This Illinois probate guide connects to deeper task pages as the rollout continues. Verify every date and dollar figure here with the Circuit Court before you act, because this is a planning map, not legal advice.

This guide is general information about Illinois estates. It is not legal advice. Confirm anything that affects your situation with the Clerk of the Circuit Court, the Probate Division, or a licensed Illinois attorney.

Sources:

Title: Probate Act of 1975, 755 ILCS 5/ (venue 5-1, letters of office Art. IX, will contest 8-1, summary administration 9-8, inventory 14-1, claims 18-3 and 18-12, supervised administration 24-1, small estates 25-1, independent administration Art. XXVIII). Publisher: Illinois General Assembly. Publication Date: Not listed. URL: https://www.ilga.gov/Legislation/ILCS/details?ActID=2104&ChapterID=60&SeqStart=&ChapAct=FullText
Title: Public Act 104-346 (small estate affidavit limit raised to $150,000, excluding registered motor vehicles, for deaths on or after August 15, 2025). Publisher: Illinois General Assembly. Publication Date: Not listed. URL: https://www.ilga.gov/Legislation/PublicActs/View/104-0346
Title: Real Property Transfer on Death Instrument Act, 755 ILCS 27/. Publisher: Illinois General Assembly. Publication Date: Not listed. URL: https://www.ilga.gov/Legislation/ILCS/details?ActID=3382&ChapterID=60&SeqStart=&ChapAct=FullText
Title: Illinois Estate and Generation-Skipping Transfer Tax Act, 35 ILCS 405/ ($4,000,000 exclusion for persons dying on or after January 1, 2013). Publisher: Illinois General Assembly. Publication Date: Not listed. URL: https://www.ilga.gov/Legislation/ILCS/details?ActID=609&ChapterID=8&SeqStart=&ChapAct=FullText
Title: Estate Taxes. Publisher: Illinois Attorney General. Publication Date: Not listed. URL: https://illinoisattorneygeneral.gov/estate-taxes/
Title: Death Records. Publisher: Illinois Department of Public Health, Division of Vital Records. Publication Date: Not listed. URL: https://dph.illinois.gov/topics-services/birth-death-other-records/death-records.html

It is not legal advice.