How does probate work in Illinois?
1. Governing Code. Illinois Probate Act of 1975, 755 ILCS 5/1-1 et seq. Illinois has not adopted the UPC.
2. Court. Circuit Court, Probate Division, in the county of the decedent's residence at death (755 ILCS 5/5-1).
3. Petition to Open. Petition for Probate of Will and for Letters Testamentary (or for Letters of Administration if intestate) filed under 755 ILCS 5/6-2 by the named executor or interested person.
4. Letters Testamentary / Letters of Administration. Issued under 755 ILCS 5/9-3 after appointment, oath, and any required bond.
5. Notice to Creditors. Published once a week for 3 successive weeks under 755 ILCS 5/18-3, with direct mailed notice to known creditors. Creditor claim deadline is 6 months from first publication (755 ILCS 5/18-12).
6. Inventory. Filed within 60 days of issuance of Letters under 755 ILCS 5/14-1.
7. Independent Administration. Illinois has a robust Independent Administration system under 755 ILCS 5/Article XXVIII (§ 28-1 et seq.). If requested in the petition and no heir objects, the representative acts with minimal court supervision.
8. Small-Estate Procedure. 755 ILCS 5/25-1 Small Estate Affidavit is available when the personal estate (excluding real property) does not exceed $100,000 and there are no contested issues.
9. Closing. Independent administration closes by Verified Report under 755 ILCS 5/28-11; supervised estates require a Final Account approved by the court.
10. Probate Avoidance. Illinois Residential Real Property Transfer on Death Instrument (755 ILCS 27/), revocable living trust, joint tenancy with right of survivorship, tenancy by the entirety for homestead, POD/TOD accounts, and beneficiary designations.
This is legal information, not legal advice.
- Will contest is filed within the 6-month deadline under 755 ILCS 5/8-1
- Estate exceeds $100,000 or contains real property
- Spouse's renunciation or surviving spouse award is contested
- 755 ILCS 5/6-2
- 755 ILCS 5/25-1
- 755 ILCS 5/Art. XXVIII
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.