How Probate Works in Illinois

Does Illinois require probate?

Not always. Illinois offers a small estate affidavit for estates under $100,000 (increasing to $150,000 for deaths on or after August 15, 2025).

Larger estates that do go through probate typically use independent administration, which requires minimal court involvement. Assets with beneficiary designations, joint ownership, or held in trust bypass probate entirely.

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What court handles probate in Illinois?

Probate in Illinois is handled by the Circuit Court in the county where the deceased person lived. Cook County (Chicago) has a dedicated probate division; smaller counties handle probate cases within the general Circuit Court system.

Illinois does not impose a strict deadline to file for probate, but prompt filing is recommended to protect assets and begin the creditor notification process.

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Small estate threshold

Current law (deaths before August 15, 2025)

Estates with personal property valued at $100,000 or less can use a Small Estate Affidavit to transfer assets without formal probate.

New law (deaths on or after August 15, 2025)

Senate Bill SB0083 raises the threshold to $150,000 and makes an important additional change: motor vehicles registered with the Illinois Secretary of State are no longer counted toward the limit.

Key rules for both:

• The affidavit covers personal property only. Real estate requires formal probate or a transfer-on-death deed.
• No probate case can already be open.
• A designated person (typically a close family member) can use the affidavit to collect and distribute the deceased's assets.
• If a will exists, a certified copy must be attached to the affidavit.
• The person filing must confirm there are no disputes about heirs or the will and must agree to indemnify creditors and heirs if issues arise.

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Independent administration

Independent administration is the default in most Illinois probate cases and is designed to minimize court involvement:

• The executor manages the estate largely without court supervision. They can sell assets, settle debts, and distribute property to heirs without seeking court approval for each step.
• The executor typically appears in court only twice: once for appointment and once to present the final report when closing the estate.
• Detailed inventories and accountings are provided to interested parties rather than filed with the court.
• If the will specifies independent administration (which most Illinois wills do), it can only be converted to supervised administration if the court finds good cause.

Independent administration keeps costs and delays down for straightforward, uncontested estates.

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Summary administration

Illinois also offers summary administration for estates valued at $100,000 or less when:

• All claims against the estate are either paid or listed in the petition
• All heirs agree to the summary administration in writing

This option involves some court oversight but is significantly faster and cheaper than full supervised probate.

It is a useful middle ground for estates that are too large for the small estate affidavit but not complex enough to justify full administration.

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What if there is no will?

When someone dies without a will in Illinois, the estate follows intestate succession rules:

• Spouse, no descendants. The surviving spouse inherits everything.
• Spouse and descendants. The surviving spouse receives one-half of the estate. Descendants inherit the other half equally.
• Descendants, no spouse. Descendants inherit everything equally.
• Parents (no spouse or descendants). Parents inherit everything.
• Siblings (no spouse, descendants, or parents). Siblings inherit equally.

Illinois does not recognize common-law marriage.

For a broader overview, see our guide on handling an estate without a will.

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What makes Illinois different?

Threshold increase in 2025

The increase from $100,000 to $150,000 (plus the motor vehicle exclusion) means significantly more Illinois estates can avoid formal probate starting August 2025. This is one of the more generous recent threshold changes in the country.

Independent administration as the default

Unlike states where supervised probate is the default, Illinois assumes independent administration when the will provides for it. This means the typical Illinois estate experiences less court involvement than estates in states with more traditional probate systems.

State estate tax

Illinois has a state estate tax with an exemption of approximately $4 million (for 2025). Estates above this amount are subject to state estate tax in addition to any applicable federal estate tax.

There is no state inheritance tax.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Illinois.

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