Illinois Probate Process: Steps, Timeline, and County Filing Fees (2026)

When someone dies in Illinois with assets solely in their name — especially real estate — the estate almost certainly needs to go through probate. That means a circuit court supervises how debts get paid and assets get distributed to heirs. For most families, this is an unfamiliar, time-consuming process with tight deadlines and fees that vary significantly depending on the county.

This guide walks you through the Illinois probate process step by step, explains the difference between the two main administrative tracks, and lays out exact 2026 filing fees for the state's major counties so there are no surprises at the clerk's window.

What Is Probate and When Does Illinois Require It?

Probate is the court-supervised process for settling a deceased person's estate. Under the Illinois Probate Act (755 ILCS 5), formal probate is required whenever:

• The decedent owned real estate solely in their own name, regardless of value
• The decedent's personal property exceeded the $150,000 Small Estate Affidavit threshold (the limit as of August 15, 2025)
• There are contested creditor claims or disputes among heirs

It is worth emphasizing that real estate is the key trigger. Even a modest home valued at $180,000 requires full probate if it was titled only in the deceased's name — there is no dollar-based exception for real property. Families are sometimes caught off guard by this rule, particularly when everything else in the estate would have qualified for the simplified affidavit route.

Assets that pass outside probate — jointly held property with right of survivorship, accounts with payable-on-death designations, assets in a living trust, and retirement accounts with named beneficiaries — are not subject to the probate process and do not count toward court-supervised administration.

The Two Administrative Tracks: Independent vs. Supervised

Illinois offers two main paths through formal probate.

Independent Administration is the default and preferred route for most estates. The appointed executor (or administrator, if there is no will) manages the estate with minimal court involvement — liquidating assets, paying creditors, and distributing inheritances without needing court approval for each action. This significantly reduces legal fees and speeds up the process. To proceed under independent administration, either the will must authorize it, or all interested parties must consent.

Supervised Administration is ordered when there are active disputes between heirs, complex creditor issues, or a minor or disabled beneficiary whose interests a judge determines require continuous oversight. Under supervised administration, the representative must obtain court approval before selling estate assets, making payments, or taking other major actions. This adds time and expense to the process.

Step-by-Step: How the Illinois Probate Process Works

Step 1 — Deposit the Will with the Circuit Court (Day 1–30)

Under 755 ILCS 5/6-1, whoever holds the original will must file it with the local circuit court clerk within 30 days of the death. This is mandatory even if probate is not yet opened. There is no fee to deposit a will. Failure to comply is a criminal offense under Illinois law.

Step 2 — Petition for Letters of Office (Weeks 2–6)

To open a formal probate estate, an interested party — usually the named executor or a surviving spouse — files a Petition for Probate with the circuit court in the county where the decedent was domiciled. The court examines the will (if one exists), admits it to probate, and issues Letters of Office (also called Letters Testamentary), which authorize the representative to act on behalf of the estate. Most counties require an attorney to file this petition; Lake County explicitly requires legal representation for formal petitions.

Step 3 — Publish Notice to Creditors (Weeks 4–8)

755 ILCS 5/18-3 requires the representative to publish a notice to unknown creditors in a local newspaper of general circulation, once a week for three consecutive weeks. This publication starts the six-month statutory creditor claims period. If publication is skipped to save money, the claims window extends to two full years, indefinitely delaying the final distribution. Publication costs typically range from $150 to $500 per county; in Cook County, the Chicago Daily Law Bulletin charges approximately $250.

Step 4 — Inventory and Appraise the Estate (Months 1–3)

The representative must identify, inventory, and appraise all probate assets. This includes real estate, bank accounts, investment accounts, vehicles, business interests, and personal property. Illinois does not require a court-filed inventory in independent administration, but the representative must maintain accurate records for the final accounting.

Step 5 — File Tax Returns (Within 9 Months of Death)

All estate tax returns are due nine months after the date of death. The representative must file:

• Federal Form 706 if the gross estate exceeds $13.61 million (2026 threshold)
• Illinois Form 700 if the gross estate exceeds $4,000,000 — a threshold that has not been indexed for inflation since its establishment, meaning many families with appreciated real estate and life insurance are captured by Illinois estate tax even when no federal tax is owed
• Final individual income tax returns for the decedent
• Illinois Form IL-1041 (Fiduciary Income and Replacement Tax Return) for any income earned by the estate during administration

Executors who distribute estate assets before settling the tax liability can face personal financial liability.

Step 6 — Pay Approved Claims (Months 6–9+)

After the six-month creditor notice period expires, the representative pays approved debts in the statutory priority order: funeral expenses, estate administration costs, surviving spouse and children's awards, then general creditor claims. If the estate is insolvent, lower-priority creditors receive nothing.

A critical protection for surviving spouses: under the Illinois Probate Act, the court must award the surviving spouse a minimum of $20,000 (the "spouse's award") to cover nine months of support, plus at least $10,000 for each minor or adult dependent child living with the spouse. This award takes priority over general creditor claims.

Step 7 — Final Accounting and Distribution (Months 9–18+)

Once all debts and taxes are paid, the representative prepares a final accounting — a complete record of all receipts, disbursements, and proposed distributions. In supervised administration, this accounting must be filed with and approved by the court. In independent administration, the accounting is distributed to beneficiaries, who can object. After approval or expiration of the objection period, the representative distributes the remaining assets to heirs and petitions the court for a final discharge.

How Much Does Probate Cost in Illinois?

Probate costs in Illinois have three main components: court filing fees, publication costs, and attorney fees. Filing fees vary considerably by county.

2026 Initial Probate Filing Fees by County:

Beyond filing fees, surety bond premiums (required in intestate estates or when the will does not waive surety) can cost 0.5% to 1% of the estate's personal property value annually. On a $200,000 estate, that is $1,000–$2,000 per year the estate remains open.

Attorney fees in Illinois probate are governed by a "reasonable compensation" standard. For routine uncontested estates, expect total probate costs of $3,500 to $8,000 for modest estates; complex or contested matters can exceed $15,000 or more.

The full administrative timeline from filing to final distribution typically runs 9 to 18 months for a straightforward estate, and considerably longer when disputes arise or when the estate tax return is complex.

Illinois Probate Act: Key Provisions Survivors Need to Know

The Illinois Probate Act (755 ILCS 5) contains several provisions that directly affect surviving spouses and heirs:

Renouncing the Will: If the decedent left a will that is unfavorable to the surviving spouse, the spouse may renounce it and take a statutory elective share instead. This share is one-third of the probate estate if there are living descendants, or one-half if there are none. The election must be filed in writing within seven months of the will being admitted to probate.

Small Estate Affidavit Threshold: For decedents dying on or after August 15, 2025, the affidavit threshold is $150,000 — and motor vehicle values are excluded from the calculation. However, this route is completely unavailable if the decedent owned any real estate solely in their name.

Creditor Claims Period: Six months from the date of publication for known and unknown creditors, or two years if publication was not completed.

E-Filing Requirements: Cook County requires all probate documents to be e-filed through the eFileIL system. Pro se filers must obtain a formal paper-filing exemption from the clerk. Documents missing the mandatory Probate Division Cover Sheet or an attorney code number will be rejected immediately — a common and costly mistake for self-represented filers.

Navigating Illinois probate involves dozens of moving parts: county-specific forms and fees, strict publication deadlines, overlapping tax obligations, and a timeline that can stretch well over a year. The Illinois Survivor Benefits Navigator provides a step-by-step checklist covering the entire estate settlement process — including county-specific filing instructions, the spousal award petition, and the Form 700 estate tax worksheet — so you can work through every stage without missing a critical deadline.

Frequently Asked Questions

Does every Illinois estate have to go through probate? No. Assets held jointly with survivorship rights, accounts with beneficiary designations, and assets in a living trust all pass outside probate. Estates where the sole personal property (excluding vehicles) is under $150,000 and there is no solely-owned real estate can use the Small Estate Affidavit instead.

How long does Illinois probate take? A routine estate with no disputes typically takes 9 to 18 months. The six-month creditor notice period alone sets the minimum timeline. Contested matters or complex tax issues can extend administration to two or three years.

Do I need a lawyer for Illinois probate? In most counties, you can file a Small Estate Affidavit without an attorney. For formal probate, legal representation is strongly recommended and in some counties (such as Lake County) explicitly required.

What happens if someone dies without a will in Illinois? The estate is distributed under Illinois intestate succession rules (755 ILCS 5/2-1). The court appoints an administrator, and assets pass to the surviving spouse and children according to statutory shares. The process is otherwise similar to probate with a will.

Can probate be avoided in Illinois? Yes, through proactive planning — living trusts, joint tenancy with right of survivorship on real estate, payable-on-death designations on financial accounts, and Transfer on Death Instruments (TODIs) for real estate. These strategies must be implemented before death; they cannot be applied retroactively.

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