Illinois Small Estate Affidavit

Illinois Probate Process — Best Proven Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide explains the Illinois probate process in plain English — which court handles it, how long it takes, what it costs, and how families can sometimes skip it. All figures are from Illinois law, verified as of June 2026.

Illinois Probate at a Glance

Here are the key facts about the Illinois probate process:

Court that handles probate Circuit Court, Probate Division (each of Illinois’s 102 counties has a circuit court; Cook County has a dedicated Probate Division)
Probate types available Independent administration (default under 755 ILCS 5/28-1 — executor acts without court approval for most decisions), supervised administration (court must approve most actions — ordered on request of interested party or by will terms), small estate affidavit (personal property up to 150000 excluding motor vehicles, no court filing required under 755 ILCS 5/25-1)
Typical timeline 9 to 18 months for a standard uncontested estate under independent administration; the mandatory 6-month creditor claim period (755 ILCS 5/18-3) sets the floor — no final distribution may occur until that window closes
Fastest option Small estate affidavit under 755 ILCS 5/25-1 for personal-property-only estates valued at 150000 or less (excluding motor vehicles) — can be completed in 4 to 6 weeks with no court filing; motor vehicles may also transfer by affidavit regardless of total estate value under 625 ILCS 5/3-114
Fee structure REASONABLE-FEE state — Illinois has no statutory percentage schedule for attorney or executor fees; both are entitled to “reasonable compensation” under 755 ILCS 5/27-1 and 27-2, determined by the court based on estate complexity, time spent, skill required, and estate value
Typical total cost 4 to 8 percent of the gross estate value when combining attorney fees, executor compensation, court costs, and publication costs; for a straightforward estate under independent administration, total out-of-pocket costs (excluding executor pay) commonly range from 4000 to 7000
Court filing fee 250 to 500 depending on county (Cook County charges 479 for a petition for letters of office; smaller counties may charge less)
Executor compensation Reasonable compensation — no fixed statutory percentage; courts commonly approve 2 to 5 percent of estate value based on factors including complexity, time, and whether the executor has special skills (755 ILCS 5/27-1)
⚠ In Illinois, you generally have 30 days — under 755 ILCS 5/6-3, a named executor who learns of the testator’s death must file the will for probate or decline within 30 days; failure to do so may result in loss of the right to serve; concealing a will for 30 or more days after learning of the death is a Class 3 felony (755 ILCS 5/6-1) to open probate after a death. Do not wait until the last minute — gather the will and death certificate early.

How to Avoid Probate in Illinois

Revocable living trust (assets held in trust bypass probate entirely), transfer-on-death instrument for real estate (755 ILCS 27/1 et seq.), joint tenancy with right of survivorship, payable-on-death and transfer-on-death designations on bank and brokerage accounts, beneficiary designations on life insurance and retirement accounts, small estate affidavit for personal property up to 150000 (755 ILCS 5/25-1)

Out-of-state property (ancillary probate): Yes — Illinois requires ancillary probate when a nonresident decedent owned real property in Illinois; the will must be admitted to probate in the Illinois county where the real property is located, along with authenticated copies of the domiciliary state’s probate proceedings (755 ILCS 5/7-1 et seq.); intangible assets like bank accounts generally do not require ancillary proceedings

Other Illinois probate rules: Illinois strongly defaults to independent administration — supervised is only ordered if the will prohibits independent admin or an interested party petitions and shows good cause (755 ILCS 5/28-2); the 6-month creditor claim period runs from first publication of notice to creditors, and known creditors must also receive mailed notice with a 3-month response window (755 ILCS 5/18-3);

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Illinois recognizes 7 priority classes of creditor claims (755 ILCS 5/18-10); the small estate affidavit threshold was raised from 100000 to 150000 effective August 2025 under SB 83, and motor vehicles are now excluded from the threshold calculation; Illinois has a separate statutory framework for transfer-on-death instruments for real estate (755 ILCS 27) enacted in 2011, providing a low-cost probate-avoidance tool for homeowners

Understanding the Illinois Probate Process

The Illinois probate process follows a clear sequence — open the case, appoint the executor, inventory assets, pay debts, then distribute what is left. How long the Illinois probate process takes and what it costs depends on the type of probate the estate qualifies for, which is why the exact figures above matter.

Many families are relieved to learn the Illinois probate process is simpler and cheaper than they feared, especially for smaller or well-planned estates. Your state probate court’s self-help center can guide an executor through the Illinois probate process step by step.

You don’t have to do this alone

If you are settling a loved one’s estate in Illinois, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

Official Illinois Sources & Resources

This Illinois probate guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Illinois Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.