Probate in Illinois

Illinois probate is handled in the Circuit Court of the county where the deceased resided. If the estate exceeds $100,000 in gross value, formal probate is generally required. Illinois uses both supervised and independent administration — independent administration is available in most cases and allows the executor to act without court approval for most transactions, which speeds the process considerably.

Probate typically takes 9–12 months in Illinois, though larger or contested estates can take significantly longer. Attorney fees are not set by statute and are negotiated; executors are entitled to reasonable compensation.

Simplified estate procedures

For estates with gross value under $100,000, Illinois allows a small estate affidavit procedure under 755 ILCS 5/25-1. The affidavit can be used to collect personal property — bank accounts, securities, vehicles — without going to court. A 30-day waiting period applies after the date of death.

Real estate cannot be transferred by affidavit alone; it generally requires a court order or, if jointly held with right of survivorship, automatic transfer by operation of law.

Death certificates

Certified copies of Illinois death certificates are issued by the Illinois Department of Public Health (IDPH) and by county clerk offices. The cost is $19 per certified copy from IDPH; county clerk prices are similar. Order through IDPH's online portal or through VitalChek.

The funeral home will file the death certificate and can order certified copies on your behalf at the time of filing — request at least 10–12 copies. Additional copies ordered later cost the same but take longer to process.

Estate and inheritance tax

  • State estate tax: Illinois imposes a state estate tax on estates with a gross value over $4 million, with graduated rates ranging from 0.8% to 16%. The exemption is not portable between spouses.
  • Inheritance tax: Illinois has no inheritance tax.

The federal estate tax applies only to estates above $13.61 million (2024 threshold).

Notable rules

  • Creditor claim period: 6 months from the date of publication of notice to creditors, or 2 years from the date of death — whichever is earlier.
  • Spousal rights: Illinois provides a surviving spouse with a statutory right to a minimum share of the estate regardless of the will.
  • Estate tax portability: Illinois estate tax exemption is NOT portable. Each spouse has a separate $4M exemption, but unused exemption cannot be passed to the surviving spouse — unlike the federal exemption.
  • Independent administration: Available in most cases; reduces court involvement and speeds administration significantly.

Key contacts

  • Illinois Department of Public Health (vital records): dph.illinois.gov
  • Illinois Courts probate locator: illinoiscourts.gov
  • Illinois State Bar Association lawyer referral: isba.org