What you need to know
Circuit Court, Probate Division · Illinois Probate Act (755 ILCS 5)
Understanding Probate in Illinois
Probate may be needed when someone dies with assets in their name that cannot be transferred another way. Illinois probate cases are handled in Circuit Court. The assets involved are therefore an important part of determining whether a full probate case needs to be opened or whether another procedure may be available.
The Illinois Small Estate Affidavit
Some smaller estates may be able to avoid a full probate proceeding by using an Illinois Small Estate Affidavit. Qualifying estates can use the affidavit when the personal estate is $150,000 or less. The affidavit cannot be used to transfer real estate. That distinction is important. An estate may fall within the monetary limit but still have property that cannot be handled through the Small Estate Affidavit.
If There Is No Will
Illinois law determines who inherits probate assets when there is no valid will. For example, when a spouse and children survive, the spouse generally receives half and the children share the other half. The estate can therefore still be administered without a will, but state law rather than a will determines who is entitled to the probate property.
Independent Administration
Many Illinois estates can be handled with less ongoing court involvement through independent administration. Independent administration can reduce the number of actions that require advance court approval. This does not mean that the estate is no longer a probate estate. Rather, it affects the level of court involvement while the executor or administrator carries out the estate administration.
The Executor or Administrator
Illinois does not use one fixed percentage for executor or administrator fees. Executors and administrators are generally entitled to reasonable compensation for their work. The work required can differ considerably from one estate to another depending on the assets, debts, family circumstances, and other issues involved.
Rights of a Surviving Spouse
A surviving spouse may have rights that affect what they receive, even if there is a will. The amount depends in part on whether the person who died also left descendants. Those rights can therefore affect how the estate is ultimately distributed.
Creditor Claims
Creditors generally have about 6 months after notice is first published to make a claim against an Illinois estate. Some creditors who receive notice directly may have a different deadline. Illinois may require both published notice and direct notice to certain creditors. Because the timing can depend on the notice involved, families should not assume every creditor follows exactly the same timeline.
Illinois Estate Tax
Illinois has a state estate tax that may apply to estates worth more than $4 million. This is separate from the federal estate tax and is an additional state-level consideration for estates that may fall within the applicable range.
Key things to know
The essentials for an Illinois estate.
Worth knowing
Illinois probate is handled through Circuit Court.
Worth knowing
A Small Estate Affidavit may be available for qualifying personal estates of $150,000 or less.
Worth knowing
Real estate cannot be transferred using the Illinois Small Estate Affidavit.
Worth knowing
Independent administration can allow many estates to operate with less ongoing court involvement.
Worth knowing
Illinois may require both published notice and direct notice to certain creditors.
Worth knowing
Illinois has its own estate tax separate from the federal estate tax.
Compare to other states
Probate rules shift meaningfully once you cross a state line.
General information as of 2026-09-17, not legal advice for a specific estate. Dollar thresholds are indexed and change over time — confirm current figures before relying on any of them.