Illinois Probate Types: Small Estate Affidavit, Summary Administration, and Independent vs Supervised
Illinois probate runs through the circuit court of the county where the decedent lived. The first question is whether the estate can avoid court entirely with the small estate affidavit. If it cannot, the estate opens with letters of office and then runs either independently, with little routine court involvement, or under court supervision.
Compare eligibility, timing, court involvement, and local verification points
How to Compare Illinois Probate Types
Illinois does not use the informal and formal tracks of the Uniform Probate Code. A representative applies to the circuit court for letters testamentary when there is a will or letters of administration when there is not, and the case is handled by the Clerk of the Circuit Court. Cook County and other large circuits run a dedicated Probate Division; smaller counties hear probate on the general civil docket.
Most Illinois estates that do open in court proceed under independent administration (755 ILCS 5/Art. XXVIII), which lets the representative act without court approval for most steps and close on a verified report. The court grants it unless the will forbids it or an interested person successfully objects (755 ILCS 5/28-2). Supervised administration (755 ILCS 5/24-1) keeps the court involved in approving major steps and requires a court accounting. Below those paths sit two short forms: the small estate affidavit (755 ILCS 5/25-1) for a personal estate of $150,000 or less, and summary administration (755 ILCS 5/9-8) when the gross real and personal estate is $100,000 or less and every heir and legatee consents.
Small Estate Affidavit, Summary Administration, and Independent vs Supervised at a Glance
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| Category | Small Estate Affidavit, Summary Administration, and Independent | Supervised | Winner |
|---|---|---|---|
| Small probate estate | The small estate affidavit collects a personal estate of $150,000 or less with no court case at all (755 ILCS 5/25-1) | Full administration opens a case, issues letters of office, and requires published creditor notice | Small Estate Affidavit, Summary Administration, and Independent |
| Real estate | The affidavit cannot touch real estate; summary administration under 755 ILCS 5/9-8 can, up to a $100,000 gross estate | Independent and supervised administration both transfer real estate with no dollar cap | Supervised |
| Court costs | The affidavit costs $0 because nothing is filed with the circuit court | Opening a decedent estate runs about $364 to $479 in published county totals, including the $100 fee under 705 ILCS 105/27.3f | Small Estate Affidavit, Summary Administration, and Independent |
| Speed | No waiting period applies to the affidavit, so it can be used as soon as the documents are ready | A court estate is paced by the creditor-claim window, at least 6 months from first publication | Small Estate Affidavit, Summary Administration, and Independent |
| Disputes and creditors | The short forms require agreement: summary administration needs written consent from every heir and legatee, and the affidavit signer takes on the debts personally | Supervised administration puts a judge over each major step and is built for contested estates and messy creditor claims | Supervised |
Main Illinois Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney | Best For |
|---|---|---|---|---|---|---|
Small Estate Affidavit 755 ILCS 5/25-1 | Personal estate of $150,000 or less, excluding motor vehicles registered with the Secretary of State, for a death on or after August 15, 2025; no letters of office outstanding or contemplated | $0 court cost; notarization and certified copies only | No waiting period; available as soon as the affidavit and supporting documents are ready | No | No statutory requirement | Estates of personal property alone that fit within the statutory limit and have no contested debts |
Summary Administration 755 ILCS 5/9-8 | Gross value of the real and personal estate subject to administration in Illinois of $100,000 or less, with written consent of every heir and legatee and claims paid, listed, or provided for | The county filing fee to open a decedent estate, published from about $364 to $479 including the $100 fee under 705 ILCS 105/27.3f | Notice published once a week for 3 successive weeks, with the hearing at least 30 days after first publication | Yes | No statutory requirement; the consent and refund-bond requirements often call for counsel | Small estates that include real estate or need a court order, where every heir and legatee agrees |
Independent Administration 755 ILCS 5/Art. XXVIII (755 ILCS 5/28-2) | No dollar cap; granted unless the will forbids it or an interested person successfully objects | The county filing fee to open a decedent estate, published from about $364 to $479 | Commonly 6 months to a year or more, driven by the published creditor-claim window | Yes | No statutory requirement; most estates use counsel | Most Illinois estates that need letters of office but have cooperative heirs and no serious dispute |
Supervised Administration 755 ILCS 5/24-1 | No dollar cap; used when the will requires it, an interested person objects to independent administration, or the court orders supervision | The county filing fee to open a decedent estate, published from about $364 to $479 | Commonly 6 months to well over a year, with court review of major steps | Yes | No statutory requirement; counsel is the norm | Contested estates, unclear heirship, or any case where the beneficiaries want the court to review each step |
Small Estate Affidavit
755 ILCS 5/25-1
Estates of personal property alone that fit within the statutory limit and have no contested debts
Threshold: Personal estate of $150,000 or less, excluding motor vehicles registered with the Secretary of State, for a death on or after August 15, 2025; no letters of office outstanding or contemplated
Filing Fee: $0 court cost; notarization and certified copies only
Timeline: No waiting period; available as soon as the affidavit and supporting documents are ready
Real Estate: No
Attorney: No statutory requirement
Summary Administration
755 ILCS 5/9-8
Small estates that include real estate or need a court order, where every heir and legatee agrees
Threshold: Gross value of the real and personal estate subject to administration in Illinois of $100,000 or less, with written consent of every heir and legatee and claims paid, listed, or provided for
Filing Fee: The county filing fee to open a decedent estate, published from about $364 to $479 including the $100 fee under 705 ILCS 105/27.3f
Timeline: Notice published once a week for 3 successive weeks, with the hearing at least 30 days after first publication
Real Estate: Yes
Attorney: No statutory requirement; the consent and refund-bond requirements often call for counsel
Independent Administration
755 ILCS 5/Art. XXVIII (755 ILCS 5/28-2)
Most Illinois estates that need letters of office but have cooperative heirs and no serious dispute
Threshold: No dollar cap; granted unless the will forbids it or an interested person successfully objects
Filing Fee: The county filing fee to open a decedent estate, published from about $364 to $479
Timeline: Commonly 6 months to a year or more, driven by the published creditor-claim window
Real Estate: Yes
Attorney: No statutory requirement; most estates use counsel
Supervised Administration
755 ILCS 5/24-1
Contested estates, unclear heirship, or any case where the beneficiaries want the court to review each step
Threshold: No dollar cap; used when the will requires it, an interested person objects to independent administration, or the court orders supervision
Filing Fee: The county filing fee to open a decedent estate, published from about $364 to $479
Timeline: Commonly 6 months to well over a year, with court review of major steps
Real Estate: Yes
Attorney: No statutory requirement; counsel is the norm
* Illinois circuit clerk fees are flat per-case charges that never scale with estate value. Each county board sets its filing fee by ordinance within the caps in 705 ILCS 105/27.1b (probate filings are Schedule 2, capped at $362 in a county of 3,000,000 or more, which is Cook alone, and $266 elsewhere), and every decedent estate filing adds the uniform statewide $100 guardianship and advocacy operations fee under 705 ILCS 105/27.3f. Published all-in totals to open a decedent estate run about $364 in Madison County, $414 in Will County, and $479 in Cook County. Illinois imposes no probate tax, and representative and attorney compensation are reasonable-fee standards with no statutory percentage.
Unfamiliar terms in the comparison? The Illinois probate glossary defines them in plain language.
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