Probate in Illinois: do you need a lawyer, and what it costs

Settling an estate in Illinois

What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.

Filing the original will

In Illinois, anyone who has the original will must file it with the clerk of the circuit court in the right county immediately after the death. If they refuse, the court can order it produced, and hiding a will for 30 days after learning of the death is a felony.

755 ILCS 5/6-1Read the statute · ilga.govchecked Oct 5, 2026effective Jan 1, 2010

Which court handles probate

In Illinois, probate is handled by the circuit court of the county where the person who died lived. If they did not live in Illinois, it goes to the county with most of their real estate here, or if none, most of their personal property.

755 ILCS 5/5-1Read the statute · ilga.govchecked Oct 5, 2026

Creditors' deadline to make claims

In Illinois, the executor or administrator must publish a notice to creditors once a week for 3 weeks and mail it to known creditors. Claims are due by the date in the notice, at least 6 months after the first publication (or 3 months after a creditor's notice was mailed, if later). Any claim not filed is barred 2 years after the death no matter what.

755 ILCS 5/18-3, 5/18-12Read the statute · ilga.govchecked Oct 5, 2026

Estate inventory

In Illinois, the executor or administrator must file a sworn inventory of the real and personal property with the court within 60 days after letters are issued, and add a supplemental inventory within 60 days of finding anything new. In independent administration (handled without court supervision), the inventory is not filed with the court; a copy goes to each interested person at least 30 days before the final report, and to the bond surety within 90 days of letters.

755 ILCS 5/14-1Read the statute · ilga.govchecked Oct 5, 2026

The order estate debts are paid

In Illinois, if the estate cannot pay every debt, claims are paid in 7 classes set by law, starting with funeral and burial costs and the costs of running the estate. A class that cannot be paid in full is shared out proportionally.

755 ILCS 5/18-10Read the statute · ilga.govchecked Oct 5, 2026effective Jan 1, 2022

State estate and inheritance tax

Illinois has its own estate tax. For deaths on or after January 1, 2013, the exclusion amount is $4,000,000, and it is not adjusted for inflation. Illinois has no inheritance tax.

35 ILCS 405/2Read the statute · ilga.govchecked Oct 5, 2026effective Jan 1, 2013

Closing an estate

In Illinois, most estates are run as independent administration. To close one, the executor or administrator sends an accounting to everyone interested and files a final report with the court. If no one objects within 42 days, the court discharges them and declares the estate closed. Court-supervised estates close with a final account approved by the court.

755 ILCS 5/28-11, 5/24-1Read the statute · ilga.govchecked Oct 5, 2026