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Title Tag: Illinois Probate Process (2026): Step-by-Step Guide to Circuit Court - ProbatePedia

Meta Description: Illinois probate runs through the Circuit Court — not a specialized probate court. Cook County's Probate Division is among the most complex in the Midwest. This guide covers the 8-step Illinois probate process, timelines, creditor periods, executor duties, and what it costs.

Illinois Probate Process (2026): Step-by-Step Guide

Last Updated: March 2026 • 755 ILCS 5/ (Illinois Probate Act)• IL Series — Article 2 of 8

| Illinois Probate — Key Numbers at a Glance | | | --- | --- | | Governing statute | 755 ILCS 5/ (Illinois Probate Act of 1975, as amended) | | Which court | Circuit Court of the county where decedent resided; Cook County: Probate Division, Richard J. Daley Center, 50 W. Washington St. | | Filing fee (Cook County) | ~$264–$574 depending on estate value; ⚠ editor verify current Cook County fee schedule | | Filing fee (downstate counties) | $150–$400 depending on county; ⚠ editor verify | | Creditor claim period | 6 months from date Letters issued OR 2 years from death — whichever is SHORTER (755 ILCS 5/18-12) | | Executor compensation | Reasonable; no statutory schedule (unlike California); court approval required if contested | | Attorney fees | Reasonable; court approval required for fees from estate | | Administration type | Independent (no ongoing court supervision) or Supervised (court approval for each action) | | Typical timeline | 12–18 months (independent admin); 2–3+ years (supervised or contested) | | Inventory deadline | 60 days after issuance of Letters Testamentary (755 ILCS 5/28-11) |

The 8-Step Illinois Probate Process

Step 1: File Petition and Admit Will (if any)

The executor (if named in a will) or proposed administrator (if no will) files a petition with the Circuit Court requesting appointment and admission of the will to probate. Required documents: original will, death certificate, petition for probate, and filing fee. The will is examined for proper execution — Illinois requires the will to be signed by the testator in the presence of two witnesses who also sign (755 ILCS 5/4-3).

No Will = Administration Proceeding — Not Probate:

When there is no will (intestate), the proceeding is called 'Administration' and the court-appointed personal representative is called 'Administrator' rather than 'Executor.' The practical effect is the same: court supervision of asset collection, creditor payment, and distribution. Illinois intestacy law (755 ILCS 5/2-1) determines who inherits: spouse, then children, then parents, then siblings. Illinois gives the surviving spouse and children equal shares if both survive — the surviving spouse does NOT automatically receive the entire estate if there are also surviving children.

Step 2: Court Issues Letters Testamentary / Letters of Administration

After approving the petition, the court issues Letters Testamentary (with a will) or Letters of Administration (without a will). These letters give the executor/administrator legal authority to act on behalf of the estate: collect assets, access accounts, pay bills, manage property, and ultimately distribute the estate.

Step 3: Notice to Creditors — 6-Month Clock Starts

Illinois requires publication of a notice to creditors in a newspaper of general circulation in the county where the estate is pending (755 ILCS 5/18-3). The executor must also notify known creditors directly. The creditor claim period begins running from the date Letters are issued — and runs for 6 months OR 2 years from death, whichever is shorter. No creditor claim filed after this period is allowed (with limited exceptions for fraud or mistake).

Step 4: Inventory of Estate Assets

The executor must file a written inventory of all estate assets within 60 days of the issuance of Letters (755 ILCS 5/28-11). The inventory must list all probate assets (assets solely in the decedent's name without a beneficiary designation) and their fair market value. Non-probate assets — life insurance, retirement accounts, TOD/POD accounts, joint tenancy property — are generally not included in the probate inventory.

Step 5: Manage Estate Assets

During the administration period, the executor manages all estate assets: maintains real property, continues operating any business, invests estate funds prudently, pays ongoing expenses (mortgage, insurance, utilities), and keeps accurate records of all receipts and disbursements.

Step 6: Pay Claims and Taxes

After the creditor claim period expires, the executor pays all valid creditor claims in the order of priority established by 755 ILCS 5/18-10:

| ContentType of Claim** | | --- | --- | | Class 1 | Funeral and burial expenses (reasonable amount) | | Class 2 | Surviving spouse and children's award (statutory minimum support allowance) | | Class 3 | Expenses of administration (executor fees, attorney fees, court costs) | | Class 4 | Debts due the United States (federal taxes) | | Class 5 | Illinois state taxes (including Illinois estate tax if applicable) | | Class 6 | Secured claims (mortgages, liens on specific property) | | Class 7 | All other claims (general unsecured creditors: credit cards, medical bills, etc.) |

Step 7: Accounting and Court Approval

In independent administration, a formal court accounting is not required unless a beneficiary objects (755 ILCS 5/28-11). The executor typically circulates an informal accounting — a summary of all receipts, disbursements, and proposed distributions — to all beneficiaries. If all beneficiaries consent, the estate can be distributed without court filing. In supervised administration or contested estates, a formal accounting must be filed with and approved by the court.

Step 8: Final Distribution and Close the Estate

Once all claims are paid and accounting approved, the executor distributes the remaining assets to the beneficiaries as directed by the will (or by Illinois intestacy law if no will). The executor files a report of distribution with the court and petitions to close the estate. The court issues an order discharging the executor and closing the estate.

Independent vs. Supervised Administration

| ContentIndependent AdministrationContentSupervised Administration** | | --- | --- | --- | | Court involvement after Letters issued | Minimal — court not involved in routine administration | High — court approval required for major actions | | Who chooses? | Will may specify; or all heirs may consent; most IL estates default to independent | Required if will specifies, or if a beneficiary or creditor objects to independent administration | | Speed | Faster — executor acts without court approval | Slower — each major action requires court petition | | Cost | Lower — fewer court filings, less attorney time | Higher — more court appearances, more attorney time | | Best for | Estates with cooperative beneficiaries; clear will; no family conflict | Contested estates; creditor disputes; complex asset situations; estates with potential for beneficiary conflict | | Notice to beneficiaries | Still required for certain actions | Required for most actions |

Cook County Probate Division — Specific Practical Notes:

Cook County's Probate Division operates in the Richard J. Daley Center at 50 W. Washington Street, Chicago. It processes among the highest volume of probate matters in Illinois. Practical differences from downstate counties: longer docket times; more formal procedures; higher filing fees; greater expectation of attorney representation. Estate planning attorneys who regularly practice in Cook County probate are familiar with the court's specific practices and form requirements. For downstate counties, the Circuit Court clerk's probate division is typically less formal, but the substantive law is identical.

Illinois Intestacy: Who Inherits Without a Will

| ContentWho Inherits Under 755 ILCS 5/2-1** | | --- | --- | | Married with children | Surviving spouse and children share equally — spouse does NOT receive entire estate; each child takes equal share as the spouse | | Married, no children | Entire estate to surviving spouse | | Unmarried with children | Entire estate to children equally; if a child predeceased, that child's share to their children (per stirpes) | | Married, no children, no parents | Entire estate to surviving spouse | | Unmarried, no children | To parents equally; if one parent deceased, all to surviving parent; if both deceased → to siblings | | Unmarried partner (no marriage) | Nothing — unmarried partners have no intestate inheritance rights in Illinois |

✅ Verified Legal Data — March 2026

• 755 ILCS 5/ — Illinois Probate Act; primary governing statute — confirmed

• 755 ILCS 5/18-12 — creditor claim period: 6 months from Letters OR 2 years from death — confirmed

• 755 ILCS 5/28-11 — inventory due 60 days after Letters — confirmed

• 755 ILCS 5/18-3 — notice to creditors publication requirement — confirmed

• 755 ILCS 5/18-10 — creditor priority order (7 classes) — confirmed

• 755 ILCS 5/4-3 — will execution: testator + 2 witnesses — confirmed

• 755 ILCS 5/2-1 — Illinois intestacy law; spouse and children share equally — confirmed

• Cook County filing fees ~$264–$574: ⚠ editor verify current Cook County Circuit Court fee schedule

• Cook County Probate Division: Richard J. Daley Center, 50 W. Washington St., Chicago — confirmed

Series Navigation:

IL-1 → How to Avoid Probate in Illinois

IL-2 → Illinois Probate Process — Circuit Court

IL-3 → Illinois Small Estate Affidavit ($100,000)

IL-4 → Illinois Transfer on Death Instrument (TODI)

IL-5 → Illinois Revocable Living Trust

IL-6 → Illinois Estate Tax — The $4M Cliff No One Talks About

IL-7 → Illinois Probate Fees & Executor Compensation

IL-8 → Illinois Living Trust vs. Will

probatepedia.com · /illinois/probate-process/ · IL-2 of 8 · v1.0 March 2026