Executor Checklist for Illinois: Complete 2026 Probate Guide

Your uncle passed away last month in suburban Chicago. He owned a house in Oak Park, a checking and savings account, a car, and a modest 401(k). He named you executor in his will, and now you're searching for what needs to happen next. Illinois probate has its own rules — including a choice between independent and supervised administration that can dramatically affect how much court involvement you'll deal with. You need Illinois-specific answers.

This is your step-by-step Illinois executor checklist — every form, every deadline, every fee, specific to how Illinois probate actually works in 2026. If you're looking for a general overview of the executor role first, start with our Executor's Complete Guide to Probate and come back here for the Illinois details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws are complex and vary by county within Illinois. Always consult with a licensed attorney authorized to practice law in Illinois before making legal or financial decisions about an estate.

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Quick Reference: Illinois Probate Court Contact

Illinois Circuit Court — Probate Division Website: illinoiscourts.gov Phone: (217) 782-2035 (Administrative Office of the Illinois Courts) Filing Fee: $200 -- $500 Small Estate Threshold: $150,000 Creditor Period: 6 months (from publication of notice) Estate Tax: Estates over $4 million

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Your Illinois Executor Checklist

Step 1: Immediate Actions (First 7 Days)

Before you file anything with the circuit court, there are things that need to happen right away. These protect the estate, protect you, and set the foundation for the process ahead.

Order death certificates. You'll need more than you think. Order 10-15 certified copies from the county clerk, local vital records office, or the funeral home. Banks, insurance companies, brokerage firms, and government agencies will each want their own certified copy. In Illinois, certified copies cost approximately $15-20 each from the county and $19 from the Illinois Department of Public Health.

Secure the property. If the deceased owned a home, make sure it's locked, the utilities are on, and the mail is being collected. Check that homeowner's insurance is current — policies can lapse after a death. In Illinois winters, make sure the heat stays on to prevent frozen pipes. If there are vehicles, make sure they're parked safely and insured.

Locate the original will. You need the original, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In Illinois, if the will was deposited with the circuit court clerk for safekeeping, you can retrieve it with a death certificate. Without the original, proving the will's contents becomes significantly more difficult, and the estate may end up in intestate proceedings.

Notify immediate family. Let beneficiaries and close family members know that you've been named executor and that you'll be managing the probate process. You don't need to share financial details yet — just that you're handling things and will keep them informed. Setting expectations early reduces the communication burden significantly.

Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. You'll need all of this for the inventory and for filing taxes. Also locate any Illinois state income tax records — you'll need to file a final state return. The more organized you are now, the smoother every subsequent step will be.

Step 2: Determine If Full Probate Is Required

Not every Illinois estate needs formal probate. Before you file anything, check whether the estate qualifies for a simplified procedure.

Small estate affidavit (755 ILCS 5/25-1). If the total value of the deceased's personal property (not counting real estate) is $150,000 or less, you may be able to transfer assets using a small estate affidavit (Form 3606) without going through probate. There's a waiting period after death before this can be used, and the affidavit must state that no petition for letters of office has been filed or is anticipated. This is one of the higher small estate thresholds in the country, meaning a significant number of Illinois estates can avoid full probate.

Assets that bypass probate. Before calculating whether probate is needed, identify assets that pass outside of it:

• Joint bank accounts with right of survivorship
• Life insurance policies with named beneficiaries
• Retirement accounts (IRAs, 401(k)s) with named beneficiaries
• Payable-on-death or transfer-on-death accounts
• Real property held in joint tenancy with right of survivorship
• Assets held in a trust

If the remaining assets (after excluding probate-bypass assets) are below $150,000 in personal property and there's no real estate to transfer, the small estate affidavit may be all you need.

Real estate requires probate. If the estate includes real property that needs to be transferred (and it's not held in joint tenancy or a trust), formal probate is required regardless of the property's value.

Step 3: File the Petition for Probate

This is the step that officially starts the probate process in Illinois.

File a Petition for Probate of Will and Issuance of Letters Testamentary. File the petition with the circuit court in the county where the deceased resided at the time of death. Illinois uses the circuit court system for probate — most larger counties have a dedicated probate division. The petition identifies the deceased, the will, the proposed executor, and the heirs and beneficiaries.

Submit the original will. You must file the original will with the court. Illinois law requires that anyone in possession of a will must file it with the circuit court clerk within 30 days of the death of the person who made it.

Pay the filing fee. Illinois probate filing fees range from $200 to $500, depending on the county. Cook County (Chicago) fees are at the higher end. This is paid when you file the petition.

Choose independent or supervised administration. This is a critical decision in Illinois probate. Independent administration (similar to California's IAEA or Texas's independent administration) allows you to manage the estate with minimal court oversight — you can pay debts, sell property, and distribute assets without petitioning the court for each action. Supervised administration requires court approval for major actions. Independent administration is available unless the will specifically prohibits it or an interested party objects. Always request independent administration — it saves time, money, and court appearances.

The hearing. After filing, the court schedules a hearing. At the hearing, the judge reviews the petition, admits the will to probate, and appoints you as executor by issuing Letters of Office (Illinois's term for Letters Testamentary). The hearing is typically brief if no one objects.

For context on what the overall process looks like step by step, our general executor checklist covers the phases that apply in every state.

Step 4: Publish Notice and Notify Creditors

Illinois has specific requirements for notifying creditors and a generous window for them to file claims.

Publish a notice to creditors. Within 14 days of your appointment, you must publish a Notice of Death and Claim Deadline in a newspaper of general circulation in the county where the estate is being probated. The notice runs for 3 consecutive weeks. Publication typically costs $150-400.

Send notice to known creditors. Within 14 days of your appointment, you must also mail notice to all known creditors and claimants. Known creditors receive individual written notice, which is a stronger protection for both you and the estate than publication alone.

The creditor claim window: 6 months. In Illinois, creditors have 6 months from the date of the first publication of the notice to file claims against the estate. Individual creditors who received mailed notice have the later of 6 months from publication or 3 months from the date they received mailed notice to file. You should not make final distributions until this window closes and all valid claims are resolved. Understanding how debt works after someone dies will help you evaluate which claims are legitimate.

Notify beneficiaries. Illinois requires that all heirs and beneficiaries receive notice of the probate proceeding. Beneficiaries have specific legal rights, including the right to receive a copy of the will and to be notified of major estate actions.

Step 5: Inventory and Appraise Assets

Illinois has specific deadlines for the estate inventory — tighter than most states.

File an inventory within 60 days. Illinois law requires the executor to file an inventory of the estate's assets with the court within 60 days of appointment. This is one of the tighter inventory deadlines in the country (compared to California's 4 months or Texas's 90 days). The inventory lists every asset, its fair market value as of the date of death, and any encumbrances.

No court-appointed appraiser required. Illinois does not require a court-appointed probate referee or appraiser. You can value most assets yourself using bank statements, brokerage statements, county assessor records, and other documentation. For real estate, business interests, or valuable personal property (art, collectibles, jewelry), getting a professional appraisal is recommended — particularly if the estate may be subject to estate tax.

Supplemental inventory. If you discover additional assets after filing the initial inventory, you must file a supplemental inventory. This is common — assets are frequently discovered during the process that weren't in the initial records.

Community property does not apply. Illinois is not a community property state. Assets are classified as individual property unless held jointly. This simplifies the inventory process compared to community property states like California and Texas, where distinguishing community and separate property adds complexity.

Step 6: Pay Debts, Taxes, and Expenses

This is where Illinois's estate tax threshold becomes relevant for larger estates.

Evaluate creditor claims. Review each claim carefully. You can accept, negotiate, or reject claims. In independent administration, you handle claims without court approval. In supervised administration, the court may need to approve claim payments. Document every decision.

Illinois estate tax. Illinois imposes a state estate tax on estates exceeding $4 million. Illinois is a "cliff tax" state. Once the estate exceeds $4 million, the ENTIRE estate is subject to tax, not just the excess. An estate of $4.1 million can trigger approximately $200,000-$240,000 in tax. While the tax rates are graduated (0.8%-16%), the $4 million exemption acts as a threshold, not a credit — exceeding it by even $1 subjects the whole estate to tax. This makes careful estate planning essential for estates near the threshold. The Illinois estate tax return (Form 700) is due within 9 months of death. If the estate is below $4 million, no state estate tax is owed and no Illinois estate tax return needs to be filed.

Federal estate tax. If the estate also exceeds the federal exemption — currently $15 million — you'll need to file a federal estate tax return (Form 706). Estates between $4 million and $15 million owe Illinois estate tax but not federal estate tax.

File the decedent's final income tax returns. The deceased's final federal and Illinois state income tax returns are due by April 15 of the year following death. If the estate generates income during administration (rental income, investment dividends, interest), you'll also need to file separate estate income tax returns (federal Form 1041 and Illinois Form IL-1041).

Pay debts in proper order. Illinois law establishes a priority for paying estate debts: funeral and last illness expenses, administration costs, statutory allowances to the surviving spouse and children, federal and state taxes, and then general creditors. Following this priority protects you from personal liability.

Executor compensation. Illinois does not set executor fees by statute. Executors are entitled to "reasonable compensation" for their services. What's "reasonable" depends on the estate's complexity, the time involved, and local custom. In practice, fees typically range from 2-4% of the estate's value. The court can review and adjust the fee if anyone objects. For more on how executor compensation works across states, see our detailed guide.

Step 7: Distribute Assets and Close the Estate

You're in the final stretch. How you close depends on whether you're in independent or supervised administration.

Independent administration: simplified closing. If you're serving under independent administration, you can distribute assets without a court order — provided you've sent the required notices, the creditor period has closed, all debts and taxes are paid, and no beneficiary has objected. You must provide beneficiaries with a final report and a proposed plan of distribution. If no beneficiary objects within 28 days, you can proceed with distribution.

Supervised administration: court approval required. If the estate is under supervised administration, you must file a final accounting with the court, get court approval for the distribution plan, and obtain a court order authorizing the distribution.

Prepare a final report. Regardless of administration type, prepare a thorough report that details every transaction — assets collected, income received, debts paid, taxes paid, fees charged, and the proposed distribution. This is required under Illinois law (755 ILCS 5/28-11) and protects you against future claims.

Distribute assets according to the will. After the required notice period (or court approval), transfer assets to beneficiaries as directed by the will. Get signed receipts from each beneficiary confirming they received their distribution. This protects you if questions come up later.

File a closing report and get discharged. File the final report with the court and petition for discharge. Once the court approves, you're formally released from your duties and liability as executor. Keep copies of everything for at least 5 years.

For a broader look at how the probate timeline typically unfolds, including what causes delays, see our detailed timeline breakdown.

Illinois-Specific Probate Rules to Know

Beyond the step-by-step process, there are several Illinois-specific rules that can significantly affect how you manage the estate.

Independent vs. supervised administration (755 ILCS 5/28-1 et seq.). Independent administration is the preferred approach in Illinois and is available in most cases. Under independent administration, you handle claims, sell property, and distribute assets without court hearings. You must send a "Notice of Independent Administration" to all interested parties after your appointment. Any interested party can petition the court to terminate independent administration and require supervised administration — but this is uncommon. The time and cost savings of independent administration are substantial.

60-day inventory deadline. The 60-day deadline for filing the estate inventory is one of the tightest in the country. Start gathering records immediately after appointment. If you need more time, you can petition the court for an extension — but you need to file the request before the deadline passes.

Spousal and child's awards. Illinois provides specific allowances to the surviving spouse and minor children:

• Surviving spouse award: The surviving spouse is entitled to a reasonable award from the estate — currently $20,000 for the spouse — plus $10,000 per minor child or adult dependent child. This award is in addition to anything the spouse receives under the will and takes priority over most creditor claims.
• Homestead allowance: The surviving spouse has the right to remain in the family home and is entitled to a homestead exemption that protects equity in the home from creditor claims.

Renunciation (right of election). The surviving spouse in Illinois has the right to renounce the will and instead take a statutory share — one-third of the estate if there are descendants, or one-half if there are no descendants. The renunciation must be filed within 7 months of Letters of Office being issued. This right exists regardless of what the will provides.

30-day will filing requirement. Illinois law requires anyone in possession of a will to file it with the circuit court clerk within 30 days of the death. Failure to do so can result in liability for damages caused by the delay. This is a stricter requirement than most states.

Estate tax threshold: $4 million. Illinois is one of approximately a dozen states with its own estate tax. The $4 million threshold (which has been stable for several years) means that estates with real estate in high-value Chicago-area markets can hit the threshold more easily than in many other states. Illinois is a "cliff tax" state — the $4 million exemption acts as a threshold, not a credit. Once the estate exceeds $4 million, the entire estate is subject to tax, not just the amount over $4 million. An estate of $4.1 million can owe $200,000 or more in Illinois estate tax. Work with a CPA or tax attorney if the estate is anywhere near the threshold.

What HeirPortal Does for Illinois Executors

When you set up an estate in HeirPortal, Illinois-specific deadlines and requirements populate automatically — the 60-day inventory deadline, the 6-month creditor claim period, the estate tax filing deadline, and key court dates. Your family members see the same timeline you do, which means fewer calls asking "what's happening with Uncle's estate?" and more time spent actually managing the process. You can check our state coverage page to see exactly what's included.

FAQ

How long does probate take in Illinois?

Most Illinois estates take 9-18 months from the initial filing to final distribution. Simple estates under independent administration with cooperative beneficiaries and no complications can sometimes close in 6-9 months. Complex estates — those involving estate tax, contested wills, real estate sales, or family disputes — can take 1-2 years or longer. The 6-month creditor period means even simple probates take a minimum of 7-8 months.

Do I need a lawyer for probate in Illinois?

Technically, Illinois allows pro se representation, but there's a practical catch. While you can file the initial petition yourself, Illinois requires an attorney for court appearances in most counties. For estates of any significant value — particularly those with real estate, multiple beneficiaries, or potential estate tax issues — hiring a probate attorney is strongly recommended. Attorney fees are negotiable and based on reasonable compensation, not a fixed statutory schedule.

What is the small estate threshold in Illinois?

The Illinois small estate affidavit threshold is $150,000 in personal property (excluding real estate). This is one of the highest small estate thresholds in the country, meaning a substantial number of Illinois estates can avoid full probate. The small estate affidavit (Form 3606) allows you to collect and distribute assets without formal court proceedings. If the estate includes real property that needs to be transferred, formal probate is required regardless of total value.

How much does probate cost in Illinois?

The major costs break down as follows:

• Court filing fee: $200 -- $500 (varies by county; Cook County at the higher end)
• Attorney fees: 2-5% of estate value (negotiable, based on reasonable compensation)
• Executor fee: 2-4% of estate value (based on reasonable compensation)
• Newspaper publication: $150 -- $400
• Certified death certificates: $150 -- $300 (for 10-15 copies)
• Estate tax: 0.8-16% for estates over $4 million

On a $500,000 estate (below the estate tax threshold), total costs including attorney and executor fees typically range from $15,000-$25,000. Independent administration is generally less expensive than supervised administration.

Does Illinois have an estate tax?

Yes. Illinois imposes a state estate tax on estates exceeding $4 million. The tax rates are graduated (0.8%-16%), but Illinois is a "cliff tax" state — the $4 million exemption is a threshold, not a credit. Once the estate exceeds $4 million, the entire estate is subject to tax, not just the excess. An estate of $4.1 million can trigger approximately $200,000-$240,000 in tax. The Illinois estate tax return (Form 700) is due within 9 months of death. If the estate is below $4 million, no Illinois estate tax return is required. For estates between $4 million and $15 million (the federal exemption), you'll owe Illinois estate tax but not federal estate tax.

Can I avoid probate in Illinois?

Yes, several strategies can minimize or avoid probate in Illinois:

• Living trust: Assets in a revocable living trust pass outside of probate
• Joint tenancy with right of survivorship: Property passes automatically to the surviving owner
• Beneficiary designations: Life insurance, retirement accounts, and payable-on-death accounts bypass probate
• Transfer-on-death instrument: Illinois allows TOD instruments for real property
• Small estate affidavit: Estates under $150,000 in personal property can use the affidavit process
• Payable-on-death accounts: Bank and investment accounts with POD designations bypass probate

What is the difference between independent and supervised administration in Illinois?

Independent administration allows the executor to manage the estate with minimal court oversight. You can pay claims, sell property, invest funds, and distribute assets without getting court approval for each action. You send notices to interested parties and proceed unless someone objects. Supervised administration requires court approval for most significant actions — selling property, paying large claims, distributing assets. Independent administration is faster, cheaper, and available in most cases. Supervised administration may be required if the will prohibits independent administration or an interested party requests it.

What happens if the executor lives outside Illinois?

Illinois allows out-of-state executors to serve without restriction. However, the executor must submit to the jurisdiction of the Illinois courts and may need to designate an agent for service of process. As a practical matter, non-resident executors should hire a local Illinois attorney (which is effectively required for court appearances anyway). If you're managing an estate from out of state, consider the logistics of attending hearings, accessing property, and managing local paperwork.

Executor Checklists for Other States

Looking for executor guidance specific to another state? We have detailed checklists for:

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | DC | Delaware | Florida | Georgia | Hawaii | Idaho | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.

Illinois probate strikes a practical balance — independent administration keeps things moving, the $150,000 small estate threshold lets many families skip full probate entirely, and the 60-day inventory deadline keeps you focused. The estate tax is a factor for larger estates, but for most Illinois families, this process is straightforward when you take it step by step. You're already doing the right thing by learning what's ahead.