Probate in Illinois: A Complete Guide

Illinois stands out for two things in the probate world: a recently expanded small estate affidavit threshold, and a robust independent administration system that lets executors manage most of the estate without constant court approval. Here's how it all works.

Does Illinois Require Probate?

Probate is required for assets owned solely in the deceased's name without a beneficiary designation. Assets that pass outside probate — jointly owned property with right of survivorship, payable-on-death (POD) accounts, retirement accounts and life insurance with named beneficiaries, and assets held in a revocable living trust — bypass the court entirely. For qualifying small estates, Illinois also offers a simplified affidavit process.

Small Estate Affidavit: Now $150,000

Illinois significantly expanded its small estate affidavit in 2025. Under 755 ILCS 5/25-1, as amended by Public Act 104-0346, heirs can use a Small Estate Affidavit to transfer a decedent's personal property — bank accounts, investments, and similar assets — without formal probate if:

• No letters of office are outstanding and none are pending, and
• The decedent's personal property passing by intestacy or under a will, excluding motor vehicles, does not exceed $150,000 (up from the prior $100,000 threshold).

Motor vehicles registered with the Illinois Secretary of State can be transferred through the same affidavit regardless of their value — they don't count toward the $150,000 cap at all. This change applies to any decedent whose date of death falls on or after the amendment's effective date. The affidavit only reaches personal property; it cannot transfer title to real estate, and any known debts must be paid from the estate before assets are distributed to heirs or legatees.

Independent vs. Supervised Administration

• Independent Administration (755 ILCS 5, Article XXVIII): The most common form in Illinois. The executor or administrator manages the estate largely without court supervision — paying debts, selling personal property, and making distributions without seeking approval for each step. Under this system, many executors only appear in court twice: once to open the estate, once to close it. Any interested party can still petition the court for a hearing on a specific matter if a dispute arises.
• Supervised Administration: Required for contested estates or if a beneficiary requests court oversight. The executor must seek court approval for major decisions, which is slower and more expensive.

Which Court Handles Probate in Illinois?

Illinois probate is filed in the Circuit Court of the county where the deceased was domiciled at death. Larger counties — Cook County chief among them — have a dedicated Probate Division. Filing fees typically range from $200 to $500 depending on the county and estate size.

How Long Does Illinois Probate Take?

Expect 6–12 months for most estates under independent administration. The creditor claim period runs 6 months from the date the estate is opened (or 2 years from the date of death, if no notice was ever published or mailed — whichever comes first). The estate can't make final distributions until this window closes, which sets the practical floor on how quickly probate can wrap up.

How Much Does Illinois Probate Cost?

Illinois has no statutory fee schedule for attorney or executor compensation — both are based on a "reasonable" standard. Attorney fees are typically negotiated at 2–4% of estate value or billed hourly. Executor compensation typically runs 2–3% of estate value for straightforward estates, more for complex ones (see the Executor Duties in Illinois guide). Court filing fees add another $200–$500.

Bond Requirements

A bond is generally required (755 ILCS 5/12-4) unless the will excuses it or all heirs consent in writing. The court can still require a bond despite a waiver if there's cause to suspect fraud, incompetence, or that the estate won't have enough assets to cover its claims. Independent administrators are often able to waive the bond requirement more easily than supervised administrators.

Creditor Claims

The estate representative must publish notice once a week for 3 successive weeks and mail or deliver notice to each known creditor (755 ILCS 5/18-3). Claims must be filed by the later of 6 months from the date of first publication, or 3 months from the date the known creditor was mailed or delivered notice. Regardless of notice, all claims are barred 2 years after the date of death. This 6-month window determines the minimum realistic timeline for closing an Illinois estate.

Illinois Intestacy: What If There's No Will?

If there's no will, 755 ILCS 5/2-1 controls:

• Spouse and descendants: The estate splits 50/50 between the surviving spouse and the decedent's descendants (per stirpes).
• Spouse, no descendants: The spouse inherits the entire estate.
• Descendants, no spouse: The descendants inherit the entire estate by representation.
• No spouse or descendants: Parents and siblings may inherit.