Illinois Probate Information
Quick facts
| Topic | Illinois rule |
|---|---|
| Court that handles probate | The Circuit Court. Illinois has a single unified trial court, and probate is a Circuit Court docket. There is no separate probate court in Illinois. |
| Statewide court structure | Illinois has 25 judicial circuits: 24 numbered circuits plus the Circuit Court of Cook County. Seven are single-county circuits: Cook, DuPage, Kane, Lake, McHenry, St. Clair and Will. |
| Where to file | File with the Clerk of the Circuit Court, commonly called the Circuit Clerk, in the county of venue. Venue is the decedent's known Illinois residence, then the county holding the greater part of Illinois real estate, then the county holding the greater part of Illinois personal estate (755 ILCS 5/5-1). |
| Will filing | Anyone holding the original will must file it with the Circuit Clerk of the proper county immediately after death (755 ILCS 5/6-1). A named executor has 30 days after learning of the appointment to open a case or decline (755 ILCS 5/6-3). |
| Main authority document | Illinois uses letters of office as the umbrella authority document under the Illinois Probate Act of 1975 (755 ILCS 5). Letters issued on an admitted will are letters testamentary, and letters issued without a qualifying executor are letters of administration. |
| Main full-probate path | Independent administration under Article XXVIII is the default. The court shall grant it unless the will forbids it or an interested person objects and the court requires supervised administration (755 ILCS 5/28-2). Supervised administration is administration under the Probate Act other than Article XXVIII (755 ILCS 5/1-2.16). |
| Small estate affidavit | For deaths on or after August 15, 2025, the ceiling is $150,000 of personal estate, excluding motor vehicles registered with the Illinois Secretary of State, and no letters of office may be outstanding or contemplated or pending anywhere (755 ILCS 5/25-1). Deaths before August 15, 2025 use the prior $100,000 ceiling (755 ILCS 5/25-1). |
| Claims period | The representative publishes once each week for 3 successive weeks in a county newspaper. The claims date is not less than six months from first publication or 3 months from mailing or delivery to a known creditor, whichever is later (755 ILCS 5/18-3). The outside bar is 2 years after death (755 ILCS 5/18-12). |
| E-filing | E-filing has been required in civil cases in the Illinois circuit courts since January 1, 2018 and applies to probate filings by lawyers and self-represented filers (Illinois Supreme Court Rule 9(a), 9(i)). A self-represented filer who cannot e-file may file the statewide Certification for Exemption from E-Filing (Rule 9(d)). An original will can never be e-filed and must be delivered or mailed to the Circuit Clerk (Rule 9(c)(1)). |
| Statewide probate forms | Illinois has no statewide standardized decedent-estate probate form set. The statewide forms that matter most in probate are the Certification for Exemption from E-Filing, the Application For Waiver of Court Fees and the Appearance and Jury Request. |
| Filing fees | There is no single statewide Illinois probate filing fee. County boards set circuit clerk fees by ordinance or resolution within the framework of 705 ILCS 105/27.1b, and each county publishes its own amount. |
| Estate tax | Illinois imposes its own estate tax on estates over $4 million for deaths on or after January 1, 2013 (35 ILCS 405/2), separately from the federal estate tax. If an estate's gross value exceeds $4,000,000 after adjusted taxable gifts, Illinois Form 700 must be filed under 35 ILCS 405. |
| Case search | Case lookup is county by county. judici.com covers 82 participating Illinois courts, Cook County has its own portal, several counties have their own portals, and re:SearchIL is not a general public probate lookup tool for families. |
Before you begin — know the assets and liabilities
Start by listing what the person owned, how each asset was titled, which assets have beneficiaries, what debts exist and whether there is an original will. In Illinois, the estate settlement path turns on those facts: personal property may fit the small estate affidavit, a very small court estate may fit summary administration under 755 ILCS 5/9-8, and a full estate usually proceeds through independent administration under Article XXVIII unless the will forbids it or an interested person objects.
Sunset searches more than 2,300 financial institutions and helps organize assets, debts, titles and beneficiaries before you choose a filing path. That first inventory can prevent filing a full probate case when the assets pass outside probate, and it can also flag when Illinois estate tax under 35 ILCS 405 may need attention.
Which court handles probate
Illinois probate is statewide in law but county-based in filing. The governing statute is the Illinois Probate Act of 1975 (755 ILCS 5). A probate case is filed in the Circuit Court through the Clerk of the Circuit Court, commonly called the Circuit Clerk, in the proper county.
Illinois has 25 judicial circuits: 24 numbered circuits plus the Circuit Court of Cook County. The numbered circuits include 101 counties, and Cook County is its own unnumbered circuit. The single-county circuits are Cook, DuPage, Kane, Lake, McHenry, St. Clair and Will. The other circuits contain multiple counties, but a multi-county circuit does not create a shared filing counter. You file in the decedent's county of venue.
Venue follows a county cascade: the county where the decedent had a known place of residence, then the county where the greater part of Illinois real estate was located, then the county where the greater part of Illinois personal estate was located (755 ILCS 5/5-1). Cook County is structurally different because it is its own circuit and has a dedicated Probate Division at the Richard J. Daley Center in Chicago, with a separate Clerk's Probate Division counter. Cook detail belongs on the Cook County page, but the same state statutes govern the Illinois probate paths.
The probate process
- Identify the county of venue. Use the county where the decedent had a known Illinois residence. If there was none, use the county holding the greater part of Illinois real estate, then the county holding the greater part of Illinois personal estate (755 ILCS 5/5-1).
- File the original will with the Circuit Clerk. Anyone holding the will must file it immediately after death (755 ILCS 5/6-1). The original will cannot be e-filed, so deliver it or mail it to the Circuit Clerk of the county of venue (Illinois Supreme Court Rule 9(c)(1)).
- Choose the Illinois path. If the estate qualifies, use the small estate affidavit for personal property only under 755 ILCS 5/25-1. If a court proceeding is needed and the gross real and personal estate subject to Illinois administration is $100,000 or less, consider summary administration (755 ILCS 5/9-8). Otherwise, file for letters of office under 755 ILCS 5.
- Prepare and e-file the petition. Probate petitions and supporting papers are e-filed through eFileIL unless a Rule 9 exemption applies. A self-represented filer who cannot e-file may file the Certification for Exemption from E-Filing, which takes effect immediately under Rule 9(d).
- Pay the county filing fee or request a waiver. There is no statewide probate filing fee. The county board sets the Circuit Clerk's amount under 705 ILCS 105/27.1b, and the Circuit Clerk for the county of venue publishes or quotes the current fee. A fee waiver may be requested under 735 ILCS 5/5-105.
- Prove heirship and the will. The court determines heirship where needed (755 ILCS 5/5-3). A will is admitted when the statutory proof requirements are met, unless the court finds fraud, forgery, compulsion or other improper conduct sufficient to refuse admission (755 ILCS 5/6-4).
- Receive the order and letters of office. When the court appoints the representative, letters of office issue under 755 ILCS 5. On a will, the narrower document is letters testamentary (755 ILCS 5/6-8). Without a qualifying executor, letters of administration issue under Article IX.
- Administer the estate. Independent administration under Article XXVIII is the default unless the will forbids it or an interested person objects and the court requires supervised administration (755 ILCS 5/28-2). Supervised administration is administration under the Probate Act other than Article XXVIII (755 ILCS 5/1-2.16).
- Give required notices. Within 14 days after the order, mail the petition and order to heirs and legatees whose addresses are stated and publish for anyone whose address is not stated (755 ILCS 5/6-10).
- Publish creditor notice. Publish once each week for 3 successive weeks in a newspaper published in the county where the estate is administered and file proof with the clerk. The claims date is not less than six months from first publication or 3 months from mailing or delivery to a known creditor, whichever is later (755 ILCS 5/18-3).
- Inventory, pay and distribute. Inventory rules differ for supervised and independent estates. Pay valid claims and expenses, address any Illinois estate tax under 35 ILCS 405, then distribute according to the will or Illinois intestacy rules.
- Close the estate. Supervised estates close through court accounting and approval. Independent estates under Article XXVIII close through the accounting and verified report process in 755 ILCS 5/28-11.
Types of probate
Illinois probate paths are created by state statute and are available on the same terms in all 102 counties. What changes by county is the courthouse, Circuit Clerk, filing fee, local forms, case search and local practice.
| Path | When it fits | How it works | Cite |
|---|---|---|---|
| Small estate affidavit | For deaths on or after August 15, 2025, no letters of office are outstanding, no petition for letters is contemplated or pending in Illinois or anywhere else, and the decedent's personal estate passing by will or intestacy, excluding motor vehicles registered with the Illinois Secretary of State, does not exceed $150,000. Deaths before August 15, 2025 use the prior $100,000 ceiling. | No court case is opened. The affiant presents the statutory affidavit to the bank, transfer agent, registrar or other holder of personal property. It transfers personal property only and cannot retitle real estate. | 755 ILCS 5/25-1 |
| Summary administration | The gross value of the decedent's real and personal estate subject to administration in Illinois is $100,000 or less, no tax is due or it has been paid or provided for, all heirs and legatees consent in writing, claims are listed and each distributee gives a refunding bond. | An interested person petitions in the county of venue. Notice is published once each week for 3 successive weeks, with first publication not less than 30 days before the hearing. The court may direct payment and distribution and excuse or revoke letters of office. | 755 ILCS 5/9-8 |
| Independent administration | The default full-probate path. It fits most estates that need letters of office unless the will forbids independent administration or an interested person objects and the court requires supervised administration. | Article XXVIII lets the executor or administrator administer without court order or filings except where Article XXVIII requires one or an interested person requests one. The order and letters state that the representative is independent. | 755 ILCS 5/28-1; 755 ILCS 5/28-2 |
| Supervised administration | Used when the will forbids independent administration, when an interested person objects and the court requires supervision, or when the petition asks for it. | Supervised administration is administration under the Probate Act other than Article XXVIII. The court supervises inventories, accounts, sales, distributions and closing steps. | 755 ILCS 5/1-2.16; 755 ILCS 5/28-2 |
| Filing a will only | The will must be deposited even if no estate needs to be administered, or it may be deposited before a petition is filed. | Whoever has the original will files it with the Circuit Clerk immediately after death. Filing the will alone does not open a probate case. The original cannot be e-filed. | 755 ILCS 5/6-1; Illinois Supreme Court Rule 9(c)(1) |
| Letters testamentary | There is a will, and the named executor qualifies and accepts. | The petition asks the court to admit the will and issue letters. When the will is admitted, letters testamentary issue to the named executor if the executor qualifies and accepts, unless letters are excused. | 755 ILCS 5/6-2; 755 ILCS 5/6-8 |
| Letters of administration | There is no will, no named executor qualifies, or administration with the will annexed is needed. | Letters of administration issue under Article IX. Illinois law sets the order of preference, beginning with the surviving spouse or the spouse's nominee, then legatees, children, grandchildren, parents, siblings and others in the statutory order. | 755 ILCS 5 Article IX; 755 ILCS 5/9-3 |
| Foreign will or nonresident estate | The decedent lived outside Illinois but left Illinois property, or a will admitted elsewhere needs to operate in Illinois. | Article VII governs foreign wills and estates of nonresidents. Venue still follows the Illinois county cascade for real and personal property when there is no Illinois residence. | 755 ILCS 5 Article VII; 755 ILCS 5/5-1 |
Executor duties
Executor duties in Illinois
| Duty | Illinois rule | Timing |
|---|---|---|
| File the original will | Anyone holding the will files it with the Circuit Clerk of the proper county. The original will cannot be e-filed (755 ILCS 5/6-1; Illinois Supreme Court Rule 9(c)(1)). | Immediately after death. |
| Open the case or decline | A person named as executor must petition to admit the will or declare a refusal to act (755 ILCS 5/6-3). | Within 30 days after learning they are named (755 ILCS 5/6-3). |
| Petition for letters of office | The petition asks the Circuit Court in the county of venue to admit the will and issue letters of office, or to issue letters of administration where there is no qualifying executor (755 ILCS 5/6-2; 755 ILCS 5 Article IX). | At the start of the court case. |
| Take the oath and give bond | Before acting, the representative takes and files an oath and gives bond. If the will excuses bond or security, the bond operates without a written instrument unless the court orders one (755 ILCS 5/12-2). | Before undertaking the duties. |
| Use letters of office | Letters of office under 755 ILCS 5 are the proof banks, title companies and other institutions usually need. Letters on a will are letters testamentary; letters without a qualifying executor are letters of administration. | After the court appoints the representative. |
| Notify heirs and legatees | Mail the petition and order to each heir and legatee whose address is stated. Publish for anyone whose address is not stated, and file proof of mailing and publication with the clerk (755 ILCS 5/6-10). | Not more than 14 days after entry of the order. |
| Publish creditor notice | Publish once each week for 3 successive weeks in a newspaper published in the county where the estate is administered, mail or deliver notice to known or reasonably ascertainable creditors, and file proof with the clerk (755 ILCS 5/18-3). | The claims date is not less than six months from first publication or 3 months from mailing or delivery, whichever is later (755 ILCS 5/18-3). |
| Inventory estate property | In supervised administration, the representative files a verified inventory with the court within 60 days after letters issue (755 ILCS 5/14-1). In independent administration under Article XXVIII, the representative does not file the inventory with the court; instead, the representative mails or delivers a copy to interested persons not less than 30 days before filing the closing report under 28-11, must provide a copy earlier on written request, and an independent administrator sends a copy to the bond surety within 90 days after letters issue (755 ILCS 5/28-6). | Different timing applies to supervised and independent estates. |
| Pay claims and expenses | Allowed claims are paid in the statutory order. The representative also accounts for administration expenses and any death tax obligation, including Illinois estate tax when 35 ILCS 405 applies. | After claims are allowed and estate assets are available. |
| Account and close | In supervised administration, the representative presents a verified account unless all interested persons consent in writing and the court excuses it (755 ILCS 5/24-1). In independent administration under Article XXVIII, the representative closes with the accounting and verified report procedure in 755 ILCS 5/28-11. | At the end of administration. |
| Compensation | A representative is entitled to reasonable compensation under Probate Act section 27-1. Illinois has no statewide percentage schedule. | Requested and paid as part of administration or closing. |
Forms and documents
Probate forms in Illinois
Illinois has no statewide standardized decedent-estate probate form set. The Illinois Courts approved statewide forms list includes forms every Illinois court must accept, but it does not include a petition for letters of office, an inventory, a claim form, a declaration of heirship form or a small estate affidavit form for decedents' estates.
| Form or form set | Why it matters in probate | Where it comes from |
|---|---|---|
| Certification for Exemption from E-Filing | A self-represented filer who cannot e-file for a good-cause reason uses this form. The exemption takes effect immediately when filed under Illinois Supreme Court Rule 9(d). | Illinois Courts approved statewide standardized forms. |
| Application For Waiver of Court Fees | Used to ask the court to waive civil filing fees, including fees under 705 ILCS 105/27.1b, when the applicant qualifies under 735 ILCS 5/5-105. | Illinois Courts approved statewide standardized forms. |
| Appearance and Jury Request | The statewide appearance form can matter because many probate fee schedules list both an initiating filing fee and an appearance fee. | Illinois Courts approved statewide standardized forms. |
| County probate forms and packets | Some Circuit Clerks publish local probate forms, packets or checklists. Many counties publish none. Use the county page or the Circuit Clerk's site for the county where the decedent lived. | The county Circuit Clerk. |
| Illinois Legal Aid Online guided materials | Illinois Legal Aid Online offers plain-language probate guides and guided forms for some estate settlement tasks, including small estate affidavit help. | Illinois Legal Aid Online. |
Fees
Illinois does not have one statewide probate filing fee. The circuit clerk fee statute, 705 ILCS 105/27.1b, says circuit clerk fees are established, collected and disbursed under that section, and that the amount of a fee is determined by county board ordinance or resolution unless the section says otherwise. The statute creates fee schedules and caps, but those caps are not the amount a family pays in every county.
That means the probate filing fee is a county question. Cook County is the largest example: its Probate Division fee schedule CCP 0607, dated October 1, 2025, lists a $479.00 new case filing fee and a $250.00 appearance fee for decedent-estate case types. Other counties publish their own numbers, and some smaller counties require families to confirm the current amount directly with the Circuit Clerk.
Filing a will by itself is different from opening a probate case. Depositing the original will with the Circuit Clerk does not start a civil action, and clerks publish that filing as free. A fee waiver may be available under 735 ILCS 5/5-105 through the statewide Application For Waiver of Court Fees.
Timeline
- Immediately after death: Anyone holding the will files it with the Circuit Clerk of the proper county (755 ILCS 5/6-1). The original will cannot be e-filed (Illinois Supreme Court Rule 9(c)(1)).
- Within 30 days after learning of the appointment: A named executor opens a case to admit the will or declares a refusal to act (755 ILCS 5/6-3).
- Before undertaking duties: The representative takes and files the oath and gives bond, unless the will or the court changes the bond mechanics as allowed by statute (755 ILCS 5/12-2).
- Not more than 14 days after the order: Mail the petition and order to heirs and legatees whose addresses are stated, and publish for anyone whose address is not stated (755 ILCS 5/6-10).
- Once each week for 3 successive weeks: Publish the creditor claims notice in a newspaper published in the county where the estate is administered and file proof with the clerk (755 ILCS 5/18-3).
- Not less than six months from first publication, or 3 months from mailing or delivery to a known creditor, whichever is later: This is the claims date stated in the notice (755 ILCS 5/18-3).
- Inventory timing: In supervised administration, the representative files a verified inventory with the court within 60 days after letters issue (755 ILCS 5/14-1). In independent administration under Article XXVIII, the inventory is not filed with the court; a copy is mailed or delivered to interested persons not less than 30 days before the closing report under 28-11, provided earlier on written request, and sent to the bond surety within 90 days after letters issue for an independent administrator (755 ILCS 5/28-6).
- Within 60 days after 12 months from letters: In supervised administration, present a verified account unless all interested persons consent in writing and the court excuses it (755 ILCS 5/24-1).
- For summary administration: Notice is published once each week for 3 successive weeks, with first publication not less than 30 days before the hearing, and the gross real and personal estate subject to Illinois administration must be $100,000 or less (755 ILCS 5/9-8).
- 2 years after death: Claims that could have been barred are barred whether or not letters of office were issued (755 ILCS 5/18-12).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Consideration | Illinois rule |
|---|---|
| No separate probate court | Probate is handled in the Circuit Court. The filing office is the county Circuit Clerk, not the County Clerk. |
| Original wills stay on paper | E-filing is statewide, but an original will can never be e-filed and must be delivered or mailed to the Circuit Clerk (Illinois Supreme Court Rule 9(c)(1)). |
| Independent administration is the default | Independent administration under Article XXVIII is granted unless the will forbids it or an interested person objects and the court requires supervised administration (755 ILCS 5/28-2). Supervised administration is administration under the Probate Act other than Article XXVIII (755 ILCS 5/1-2.16). |
| No statewide decedent-estate forms | Illinois Courts publish approved statewide standardized forms, but there is no statewide petition for letters of office, inventory, claim, heirship or decedent small estate affidavit form. |
| Illinois estate tax | Illinois imposes its own estate tax on estates over $4 million for deaths on or after January 1, 2013 (35 ILCS 405/2). The Illinois exclusion is handled separately from the federal estate tax, and Illinois Form 700 is filed under 35 ILCS 405 when the Illinois threshold is crossed. |
| Case lookup varies by county | judici.com covers 82 participating Illinois courts, Cook County uses its own portal, and other counties may use county portals. re:SearchIL is not a general public probate case search for families. |
Small-estate alternatives
The Illinois small estate affidavit is a no-court procedure for personal property. For a decedent whose date of death is on or after August 15, 2025, it may be used when no letters of office are outstanding, no petition for letters is contemplated or pending in Illinois or in any other jurisdiction, and the decedent's personal estate passing by will or intestacy, excluding motor vehicles registered with the Illinois Secretary of State, does not exceed $150,000 (755 ILCS 5/25-1). Deaths before August 15, 2025 use the prior $100,000 ceiling (755 ILCS 5/25-1).
The 2025 change matters in two ways. First, the ceiling is now $150,000 for deaths on or after August 15, 2025. Second, motor vehicles registered with the Illinois Secretary of State do not count toward that ceiling and may be transferred by affidavit for a title transaction without regard to the value of the personal estate (755 ILCS 5/25-1).
The affidavit transfers personal property only. It can be presented to a bank, transfer agent, registrar or other holder of an asset, but it cannot convey real estate and is not filed with the court. Because no court case is opened, there is no filing fee.
The affiant takes on real responsibility. The affiant must pay valid claims before distributing property and must indemnify creditors, heirs, legatees and others who rely on the affidavit for losses caused by that reliance (755 ILCS 5/25-1(e)). A nonresident affiant submits to Illinois jurisdiction and must name an Illinois agent for service of process; if no agent is named or service fails, the Circuit Clerk of the decedent's county becomes the agent by statute (755 ILCS 5/25-1(f)).
Recent updates
| Date | Change |
|---|---|
| August 15, 2025 | Public Act 104-0346 raised the Illinois small estate affidavit ceiling to $150,000 for deaths on or after August 15, 2025, excluded motor vehicles registered with the Illinois Secretary of State from that count and left deaths before August 15, 2025 under the prior $100,000 ceiling (755 ILCS 5/25-1). |
| December 5, 2022 | The Twentieth Judicial Circuit became St. Clair County alone, and the Twenty-fourth Judicial Circuit was created for Randolph, Monroe, Washington and Perry counties. Illinois still has 25 judicial circuits (705 ILCS 35/1). |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Illinois path | What to watch | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with a co-owned home | If the home passes by joint tenancy or tenancy by the entirety and accounts have beneficiaries, little or nothing may need probate. If estate assets need authority, independent administration under Article XXVIII is the usual full-probate path unless the will forbids it or an interested person objects and the court requires supervised administration (755 ILCS 5/28-2). | The small estate affidavit transfers personal property only and cannot retitle real estate (755 ILCS 5/25-1). A surviving spouse has first preference for letters of administration when there is no will (755 ILCS 5/9-3). | Sunset identifies title, beneficiaries and debts so the spouse can see whether court authority is needed for estate settlement. |
| Out-of-state adult child with a small estate | For deaths on or after August 15, 2025, the small estate affidavit may work if the personal estate is not more than $150,000 after excluding registered motor vehicles and no petition for letters is outstanding, contemplated or pending (755 ILCS 5/25-1). Deaths before August 15, 2025 use the prior $100,000 ceiling (755 ILCS 5/25-1). | The affidavit is not filed with a court and has no filing fee. A nonresident affiant submits to Illinois jurisdiction and must name an Illinois agent for service, or the Circuit Clerk becomes that agent by statute (755 ILCS 5/25-1(f)). | Sunset helps confirm whether the asset list stays within the affidavit path and prepares the family for bank, transfer agent and vehicle-title follow-through. |
| Parent settling a predeceased child's estate, home must be sold | A home that must be sold usually means a court estate is needed because the small estate affidavit transfers personal property only (755 ILCS 5/25-1). If the gross real and personal estate subject to Illinois administration is $100,000 or less and the strict consent, tax, claims and bond conditions are met, summary administration may be available (755 ILCS 5/9-8). Otherwise, full probate usually proceeds through independent administration under Article XXVIII unless the will forbids it or an interested person objects and the court requires supervised administration (755 ILCS 5/28-2). | Parents come after the surviving spouse, legatees, children and grandchildren in the order of preference for letters of administration (755 ILCS 5/9-3). The six-month claims window under 755 ILCS 5/18-3 often sets the practical estate timeline. | Sunset organizes the assets, prepares the probate packet and connects the family with a vetted local probate attorney when a sale, heirship issue or court-supervised step needs counsel. |
Self-help resources
| Help | What it offers | Link |
|---|---|---|
| Illinois Legal Aid Online, How do I settle an estate after someone dies? | Plain-language guidance on collecting property, paying debts, distributing what remains and deciding whether probate is needed. | https://www.illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies |
| Illinois Legal Aid Online, Small estate affidavit | Explains the small estate affidavit and reflects the $150,000 ceiling for deaths on or after August 15, 2025 under 755 ILCS 5/25-1. | https://www.illinoislegalaid.org/legal-information/small-estate-affidavit |
| Illinois Courts approved statewide standardized forms | Forms every Illinois court must accept, including the Certification for Exemption from E-Filing, Application For Waiver of Court Fees and Appearance and Jury Request. | https://www.illinoiscourts.gov/documents-and-forms/approved-forms/ |
| Illinois Courts self-help section | Court locator, remote proceedings information, interpreter and accessibility information, lawyer referral and legal aid links, court forms and e-filing instructions. | https://www.illinoiscourts.gov/self-help/ |
| eFileIL | The statewide e-filing system for Illinois courts, with provider options and filer resources. | https://efile.illinoiscourts.gov/ |
| Office of the Illinois Attorney General, Estate Taxes | Illinois estate tax forms, Form 700 materials, calculators and Estate Tax Section information for estates over $4,000,000 for deaths on or after January 1, 2013 under 35 ILCS 405. | https://illinoisattorneygeneral.gov/estate-taxes/ |
| judici.com | Free public case search across 82 participating Illinois courts. Coverage varies by county, and Cook County is not on it. | https://www.judici.com/ |
| County Circuit Clerk | The county office for filing location, hours, mailing instructions for original wills, local probate forms, fee schedules and case access. | Use the Circuit Clerk page for the county of venue. |
| Regional legal aid | Land of Lincoln Legal Aid serves central and southern Illinois, Prairie State Legal Services serves northern and central Illinois, and Legal Aid Chicago and CARPLS serve Cook County. Check the program serving the county before relying on coverage. | Use the program site for the county involved. |
When to hire an attorney
How Sunset helps in Illinois
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help identify bank and credit union accounts, retirement plans, brokerage holdings, life insurance, real estate, vehicles, business interests and unclaimed property. That asset map matters in Illinois because the estate settlement path depends on whether the personal estate fits the small estate affidavit, whether summary administration under 755 ILCS 5/9-8 is possible, and whether 35 ILCS 405 creates an Illinois estate tax filing.
Generate the probate packet. Illinois has no statewide decedent-estate probate form set. Sunset assembles the estate settlement documents for the path that fits and tracks the Illinois steps that follow: original will delivery because it cannot be e-filed, notice to heirs and legatees, claims publication, inventory and closing.
Find a local probate attorney. Sunset connects families with a vetted local probate attorney when the estate needs court guidance, real estate must be sold, heirship is disputed, an interested person objects and the court requires supervised administration, or the estate has tax, creditor or litigation issues.
Sunset is free for families. Sunset helps organize the information, documents and attorney connections families need for Illinois estate settlement without charging families for access to the platform.
Frequently asked questions
Which court handles probate in Illinois?
The Circuit Court handles probate. Illinois has one unified trial court, and probate is a Circuit Court docket. Filings go to the Clerk of the Circuit Court, commonly called the Circuit Clerk, in the county of venue.
Where do I file probate in Illinois?
File in the county where the decedent had a known Illinois residence. If there was no known Illinois residence, file in the county holding the greater part of the decedent's Illinois real estate. If there was no Illinois residence and no Illinois real estate, file in the county holding the greater part of the Illinois personal estate (755 ILCS 5/5-1). File with that county's own Circuit Clerk, not with the largest county in the judicial circuit.
Do I have to e-file probate documents in Illinois?
Yes. E-filing has been required in civil cases in the Illinois circuit courts since January 1, 2018 and applies to probate filings by filers with and without a lawyer (Illinois Supreme Court Rule 9(a), 9(i)). A self-represented filer who cannot e-file may file the Certification for Exemption from E-Filing under Rule 9(d). An original will may never be e-filed and must be delivered or mailed to the Circuit Clerk (Rule 9(c)(1)).
Do I have to file the will within 30 days in Illinois?
No. Anyone holding the original will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1). The separate 30-day rule is for the person named as executor, who has 30 days after learning of the appointment to open a case or decline (755 ILCS 5/6-3).
When can I use a small estate affidavit in Illinois?
For deaths on or after August 15, 2025, the Illinois small estate affidavit can be used when no letters of office are outstanding and no petition for letters is contemplated or pending anywhere, and the decedent's personal estate passing by will or intestacy, excluding motor vehicles registered with the Illinois Secretary of State, does not exceed $150,000 (755 ILCS 5/25-1). Deaths before August 15, 2025 use the prior $100,000 ceiling (755 ILCS 5/25-1). The affidavit transfers personal property only and cannot retitle real estate.
How much does it cost to open probate in Illinois?
There is no statewide filing fee. County boards set circuit clerk fees by ordinance or resolution under 705 ILCS 105/27.1b, and the Circuit Clerk for the county of venue publishes or quotes the current amount. Cook County's Probate Division schedule dated October 1, 2025 lists $479.00 to open a decedent-estate case and a $250.00 appearance fee, but that is a Cook County figure, not a statewide fee.
How long do creditors have to file claims in Illinois probate?
The representative publishes the claims notice once each week for 3 successive weeks. The claims date must be not less than six months from the first publication or 3 months from mailing or delivery to a known creditor, whichever is later (755 ILCS 5/18-3). Claims that could have been barred are barred 2 years after death whether or not letters of office were issued (755 ILCS 5/18-12).
What is independent administration in Illinois?
Independent administration under Article XXVIII is the default full-probate posture. Unless the will forbids it or an interested person objects and the court requires supervised administration, the court shall grant independent administration (755 ILCS 5/28-2). Supervised administration is administration under the Probate Act other than Article XXVIII (755 ILCS 5/1-2.16).
Does Illinois have an estate tax?
Yes. Illinois imposes its own estate tax on estates over $4 million for deaths on or after January 1, 2013 (35 ILCS 405/2), separately from the federal estate tax. If an estate's gross value exceeds $4,000,000 after adjusted taxable gifts, Illinois Form 700 must be filed under 35 ILCS 405 whether or not a federal return is required. Illinois has no inheritance tax.
Can I look up an Illinois probate case online?
It depends on the county. judici.com offers free public search across 82 participating Illinois courts, including will indexes, but Cook County is not on judici.com and coverage varies by county. Cook has its own case-search portal, several counties use their own portals, and re:SearchIL is not a general public probate lookup tool for families.
Do I have to travel to Illinois to settle an estate?
Often not just to file paperwork, because eFileIL is statewide. The original will still has to be delivered or mailed to the Circuit Clerk because it cannot be e-filed (Illinois Supreme Court Rule 9(c)(1)). A small estate affidavit signed by an out-of-state affiant submits the affiant to Illinois jurisdiction and must name an Illinois agent for service, or the Circuit Clerk of the decedent's county becomes that agent by statute (755 ILCS 5/25-1(f)).
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.