Illinois Probate Timeline

Most Illinois estates take about 6 to 12 months from the grant of Letters of Office to final distribution, and complicated estates run longer. The six-month creditor claim window under 755 ILCS 5/18-3 sets the floor, because a personal representative cannot safely close the estate and pay out until that period ends and filed claims are settled.

Use this Illinois probate timeline as a planning calendar, not a promise that an estate will close on a fixed day. Illinois probate runs through the Probate Division of the Circuit Court in the county where the decedent lived, and Cook County has its own Probate Division. Start with the Illinois probate guide if you are still choosing a path, and the Illinois executor duties guide for the full task list.

Illinois Probate Timeline at a Glance

These dates overlap. A family often orders records and locates the will before any court filing. After letters issue, the 60-day inventory and the published creditor notice both run at once. An Illinois probate timeline works best when each date is tied to the grant of Letters of Office or the first publication of notice, not a generic month count.

First Week: Records, Property, and the Original Will

The first week is about preventing avoidable delays, not finishing probate.

Start by gathering:

• certified death certificates
• the original will and any codicils
• trust documents
• deeds and property tax records
• vehicle titles and registrations
• bank, credit union, and brokerage statements
• retirement, life insurance, and beneficiary records
• mortgage, utility, insurance, and tax records

Keep the home secure, keep insurance active when you can, and do not give away property until authority and ownership are clear. A payable-on-death or beneficiary account can pass outside probate. A solely owned bank account may need Letters of Office or a qualifying small estate affidavit. The Illinois first steps guide covers this early document stage in more detail.

Filing the Will and Opening the Estate

Two duties start the court clock in Illinois.

First, the will itself. Any person who holds the original will must file it with the clerk of the court of the proper county immediately after the death (755 ILCS 5/6-1). This filing is separate from asking the court to admit the will to probate. Under 755 ILCS 5/6-1(b), a person who wilfully secretes a will for 30 days after the death is known to them is, on conviction, sentenced as in cases of theft of property classified as a Class 3 felony. That is a sentencing cross-reference rather than a separate Class 3 felony offense, and the penalty is real either way, so treat the filing as an early step, not a task you can put off.

Second, the executor named in the will has a deadline. Within 30 days after a person learns that a will names them as executor, that person must either start a proceeding to admit the will to probate or file a written refusal to act (755 ILCS 5/6-3). Miss that window without good cause and the court can deny the right to act and appoint someone else.

Once the court enters an order admitting the will or appointing a representative, a short notice clock starts. Not more than 14 days after that order, the representative, or the petitioner if none is acting, must mail a copy of the petition and the order to each heir and legatee whose name and address the petition states, along with the Supreme Court's prescribed explanation of the rights to require formal proof of will under Section 6-21 and to contest admission under Section 8-1 or 8-2. Where an address is unknown, notice is published once a week for three successive weeks, the first publication not more than 14 days after the order (755 ILCS 5/6-10).

Illinois sets no single fixed deadline to open a full estate, but do not read that as a reason to wait, and note that the named executor does carry the 30-day duty above. Most other dates run from the grant of Letters of Office, so the sooner letters issue, the sooner the calendar becomes concrete. Check the correct county with the Illinois probate court directory.

Small Estate Affidavit: When Full Probate May Not Be Needed

Not every Illinois estate needs a court case. A successor can collect personal property with a small estate affidavit when the decedent's entire personal estate passing to any party, excluding vehicles registered with the Secretary of State, does not exceed $150,000 (755 ILCS 5/25-1). There is no waiting period, and the affidavit does not cover real estate.

The threshold is keyed to the date of death, so check which band applies before you rely on it. Public Act 104-346 raised the limit from $100,000 to $150,000 effective August 15, 2025, and Section 25-1(j) applies that change only to a decedent whose date of death falls on or after that day. For a death before August 15, 2025, the limit is $100,000 of gross personal estate and vehicles registered with the Secretary of State count toward it. The affiant signs under penalties of perjury and takes on an indemnification obligation under Section 25-1(e), so an estate that clears the newer figure but not the older one is worth a careful look at the date of death.

This route lets an heir or legatee collect bank funds, transfer securities, and access a safe deposit box without Letters of Office. It does not work if the estate holds real property that must pass through probate or if the personal estate is larger than the threshold. Confirm current bank and brokerage rules before you rely on it, and see the guide to avoiding probate in Illinois for the other tools that keep assets out of court.

Independent vs Supervised Administration

Illinois runs estates on two tracks, and the track you are on changes which deadlines you file with the court.

Independent administration (Article XXVIII of the Probate Act) keeps most of the work out of the courtroom. The representative serves the inventory and the accounting on interested persons rather than filing them with the judge, and closes the estate by a mailed final account and a verified closing report. Independent administration is the Illinois default rather than something the heirs vote on. Unless the will expressly forbids it, or supervised administration is required under Section 28-2(b), the court grants independent administration when it enters an order appointing a representative on a petition that does not request supervision (755 ILCS 5/28-2(a)).

The counterweight sits in the next subsection. If an interested person objects to the grant, the court requires supervised administration, with two narrow exceptions: where the will directs independent administration, supervision follows only on a finding of good cause, and where the objector is a creditor or a legatee other than a residuary legatee, supervision follows only if the court finds it necessary to protect that objector's interest (755 ILCS 5/28-2(b)).

Supervised administration keeps the court involved at each stage. The representative files the inventory and periodic verified accounts with the court, and the judge reviews them. An interested person can ask the court to move an estate from independent to supervised administration when they want that oversight. Read the Illinois executor duties guide for how each track shapes the daily job.

Within 60 Days: The Inventory

The inventory is the first hard filing deadline after letters issue.

In supervised administration, the representative must file a verified inventory of the real and personal estate within 60 days after the issuance of letters (755 ILCS 5/14-1). Property that comes to light later needs a supplemental inventory within 60 days after the representative learns of it.

In independent administration, the timing works differently. The independent representative mails or delivers a copy of the inventory to each interested person at least 30 days before filing the verified closing report, and need not file the inventory with the court at all (755 ILCS 5/28-6(a)). Any interested person can ask for a copy sooner in writing.

One hard date sits inside that same section and is easy to miss. Within 90 days after letters of office issue to an independent administrator, that administrator must provide the surety on the bond a copy of the inventory of the real and personal estate by certified mail, and the same procedure applies to property that surfaces later. Failure to comply may result in termination of independent administration status under Section 28-4 (755 ILCS 5/28-6(b)). By its terms this subsection runs against an independent administrator, the intestate appointment, rather than an independent executor named in a will.

Build the list while you wait for letters. Track:

• bank, credit union, and brokerage accounts
• vehicles and titled equipment
• tangible personal property
• business interests
• refunds and checks payable to the estate
• real estate connected to the estate
• liens, secured debts, and disputed assets

Notice to Creditors and the Six-Month Claim Window

The creditor claim window controls how fast an Illinois estate can close.

Once letters issue, the representative must publish a notice to creditors once each week for three successive weeks in a newspaper in the county of administration, and mail or deliver notice to each known or reasonably ascertainable creditor (755 ILCS 5/18-3). The notice states a deadline for filing claims. That deadline cannot be less than six months from the date of first publication, or three months from the date of mailing or delivery to a known creditor, whichever is later. A claim not filed by that date is barred.

Watch this window before you distribute anything. Paying heirs before the claim period ends can leave the representative personally exposed if a valid claim arrives. The Illinois creditor claims guide walks through the published notice, the filing deadline, and how claims get allowed or disallowed.

The Six-Month Will Contest Window

A second six-month clock runs on a different trigger, and confusing the two is easy. Within six months after a domestic will is admitted to probate under Section 6-4, or under Section 20-20 or 20-25 of the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act, or after a foreign will is admitted under Article VII, an interested person may file a petition to contest the will's validity (755 ILCS 5/8-1(a)). Section 8-2 gives the same window to contest a denial of admission.

The creditor window runs from the first publication of notice. The contest window runs from the order admitting the will. They can open weeks apart, so calendar each from its own event. Failure to mail a copy of the contest petition to an heir or legatee does not extend the deadline under Section 8-1(b). See how to contest a will in Illinois for what the petition has to establish.

The Two-Year Absolute Claim Bar

There is a hard outer limit that applies no matter what. Unless a claim is barred sooner by the notice process, every claim that could be barred under the statute is barred two years after the decedent's death, whether or not any Letters of Office were ever issued (755 ILCS 5/18-12(b)). One exception sits in the next subsection: Section 18-12(c) says the section does not bar actions to establish the liability of the decedent to the extent the estate is protected by liability insurance. That reaches coverage the decedent already carried, such as an auto or homeowner policy, not any product bought for the administration itself.

The practical lesson is simple. Do not treat a long-dormant estate as free of creditors until this two-year mark has passed, and do not distribute early on the assumption that no claim will surface.

Accounting and Closing the Estate

How you close depends on the track.

In supervised administration, the representative must present a verified account to the court within 60 days after the first 12 months of letters run, and again whenever the court requires until administration is complete (755 ILCS 5/24-1). The account shows receipts, disbursements, and what remains. If every interested person files written consent, the court can excuse a formal account.

In independent administration, the representative closes by mailing or delivering a final accounting to all interested persons and filing a verified closing report with the court, which states that notice was given, that the creditor notice was published, and that claims were handled (755 ILCS 5/28-11). No court account is needed unless an interested person asks for supervised accounting.

Discharge does not follow the filing right away. Where anyone is still entitled to notice, Section 28-11(e) gives the independent representative 14 days after filing the report to mail a copy showing the filing date to each such person, with notice that if no objection is filed within 42 days after the report was filed the representative will be discharged and the estate closed. Where a name or address is missing, that notice is published once a week for three successive weeks instead. After the 42 days run with no objection pending, the representative may apply for discharge. Where every creditor, heir, and legatee has filed the approvals or receipts described in Section 28-11(c), no notice is needed and the court enters the discharge order under Section 28-11(d).

The Illinois probate accounting guide shows what belongs in the final account before you distribute and ask for discharge.

Tax Calendar

Tax timing depends on the estate facts.

The decedent's final federal Form 1040 and Illinois Form IL-1040 are generally due by the normal filing deadline, about April 15, for the year following the year of death. A fiduciary income tax return may also apply when the estate earns income during administration.

Estate transfer tax is a separate question. Federal Form 706 is generally due nine months after death when the estate must file or when a portability election is wanted, and a six-month extension to file may be available. Illinois imposes its own estate tax with a $4,000,000 exclusion for persons dying on or after January 1, 2013, set in the definition of the state tax credit at 35 ILCS 405/2(b)(iii). The Illinois transfer tax is paid and the Illinois return is filed on the federal due dates, including extensions (35 ILCS 405/6(a)), and the executed return is filed with the Attorney General (35 ILCS 405/6(d)). Confirm whether a federal or Illinois filing is required based on the gross estate value.

What Can Slow the Timeline

An Illinois probate timeline can stretch when:

• the original will is missing or its validity is challenged
• heirs or legatees are unknown or hard to reach
• a creditor disputes a claim or files late
• real estate must be sold to pay debts or divide shares
• the estate owns a business interest
• assets are hard to value for the inventory
• tax filings need more records
• the inventory or an account is filed late or incomplete
• an interested person moves the estate to supervised administration

Some delays cannot be avoided. Others come from filing late or with an incomplete packet. Calendar each date from the grant of letters or the first publication of notice, and keep your records organized.

Practical Filing Calendar

Use this working calendar:

1. First week: secure property, order certificates, and locate the original will.
2. Right after death: file the original will with the circuit court clerk of the proper county.
3. Before you open the estate: confirm the correct county Circuit Court and whether the will grants independent administration.
4. Check small estate affidavit eligibility against the threshold for the date of death: $150,000 for deaths on or after August 15, 2025, and $100,000 before that date, with no real property.
5. Within 30 days of learning you are named executor: petition to admit the will or decline to serve.
6. Not more than 14 days after the order admitting the will or appointing a representative: mail the petition and order to each heir and legatee, with the prescribed explanation of their rights.
7. Within 60 days of letters: file the verified inventory, or serve it on interested persons in independent administration.
8. Within 90 days of letters in an independent intestate estate: send the surety on the bond a copy of the inventory by certified mail.
9. After letters: publish and mail the notice to creditors, and note the first publication date.
10. Through the six-month claim window: review claims, spousal awards, and any contest before paying anyone, and track the separate six-month contest window from the date the will was admitted.
11. Two years after death: treat the absolute claim bar as the hard cap for creditors.
12. Closing: file the final account or verified closing report, mail the filed report within 14 days where notice is required, and allow the 42-day objection window before discharge.

This guide is general information about Illinois estates. It is not legal advice. Confirm anything that affects your situation with the Probate Division of the Circuit Court or a licensed Illinois attorney, and return to the Illinois probate hub for related guides.

Sources:

• Title: 755 ILCS 5/6-1 and 5/6-3, Duty to File Will and Duty of Executor to Present Will for Probate. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-18. URL: https://www.ilga.gov/legislation/ILCS/details?ActID=2104&ChapterID=60&SeqStart=8200000&SeqEnd=10400000
• Title: 755 ILCS 5/6-10, Notice - waiver. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-19. URL: https://www.ilga.gov/Legislation/ILCS/Fulltext?DocName=075500050K6-10
• Title: 755 ILCS 5/8-1, Contest of admission of will to probate; notice. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-19. URL: https://www.ilga.gov/Legislation/ILCS/Fulltext?DocName=075500050K8-1
• Title: 755 ILCS 5/14-1, Inventory. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-18. URL: https://www.ilga.gov/legislation/ILCS/details?ActID=2104&ChapterID=60&SeqStart=21900000&SeqEnd=22300000
• Title: 755 ILCS 5/18-3 and 5/18-12, Notice to Creditors and Limitations on Payment of Claims. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-18. URL: https://www.ilga.gov/legislation/ILCS/details?ActID=2104&ChapterID=60&SeqStart=23200000&SeqEnd=24900000
• Title: 755 ILCS 5/24-1, Duty to Account. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-18. URL: https://www.ilga.gov/legislation/ILCS/details?ActID=2104&ChapterID=60&SeqStart=33200000&SeqEnd=35500000
• Title: 755 ILCS 5/28-2, 5/28-6 and 5/28-11, Order for Independent Administration, Service of Inventory, and Closing the Estate. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-19. URL: https://www.ilga.gov/legislation/ILCS/details?ActID=2104&ChapterID=60&SeqStart=37400000&SeqEnd=38700000
• Title: 755 ILCS 5/25-1, Payment or Delivery of Small Estate of Decedent Upon Affidavit. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-18. URL: https://www.ilga.gov/legislation/ILCS/details?ActID=2104&ChapterID=60&SeqStart=35500000&SeqEnd=36000000
• Title: 35 ILCS 405, Illinois Estate and Generation-Skipping Transfer Tax Act. Publisher: Illinois General Assembly. Publication Date: Current statute, accessed 2026-07-18. URL: https://www.ilga.gov/Legislation/ILCS/Articles?ActID=609&ChapterID=8
• Title: Estate Tax. Publisher: Internal Revenue Service. Publication Date: Current IRS estate tax page, accessed 2026-07-18. URL: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax

It is not legal advice.