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Estate settlement · IL

Probate in Illinois.

The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a Illinois estate attorney for the specifics of your situation.

Small estate threshold

Estates under $100,000

Illinois has a Small Estate Affidavit for personal property up to $100,000 (excluding real estate). Filed by the affiant — usually a surviving spouse or adult child — without going through court.

Typical timeline

7–14 months for full probate

Illinois offers informal/unsupervised probate, which is typically faster and less expensive when the will is clean and the heirs aren't in dispute.

Illinois does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.

Notable quirks

What makes Illinois different.

  • Illinois has a state estate tax for estates over $4M. Steep cliff like New York's.
  • Probate happens in the Circuit Court of the county where the deceased lived.
  • Independent administration is available when the will allows it or all heirs consent — significantly faster than supervised administration.
  • Surviving spouse is entitled to a $20,000 award + $10,000 per dependent child as a 'family allowance' that takes priority over creditors.
Key forms

What the executor will file.

  • Petition for Letters Testamentary / of Administration
    Opens probate.
  • Small Estate Affidavit
    For estates under $100,000 personal property, no real estate.
  • Inventory of the estate
    Filed within 60 days. Lists every asset.
Authoritative sources

For the actual current rules.

State rules and thresholds change. These links go to the Illinois courts and bar association — the source of truth for current forms, fees, and procedures.

Other states

We have probate guides for the 10 most populous states. Pick another:

CaliforniaTexasFloridaNew YorkPennsylvaniaOhioGeorgiaNorth CarolinaMichiganNew JerseyVirginiaWashingtonArizonaMassachusettsTennesseeIndianaMarylandMissouriWisconsinColoradoMinnesotaSouth CarolinaAlabamaLouisiana

This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed Illinois estate attorney.

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