Home › Illinois › How-To Guide
Illinois · How-To Guide

Illinois Statewide Probate Guide

Settling an estate after a loss is difficult, and Illinois recently made a meaningful change to its rules worth knowing about up front. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Circuit Court address and local filing details, see that county’s page.

Where Probate Happens

Illinois probate is filed in the Circuit Court (Probate Division) of the county where the deceased lived.

RECENT CHANGE: THE SMALL ESTATE THRESHOLD JUST WENT UP – AND VEHICLES NO LONGER COUNT Public Act 104-0346, effective August 15, 2025, made two significant changes to the Small Estate Affidavit (SEA) under the Probate Act:

  • Raised the threshold from $100,000 to $150,000 in personal property.
  • Excluded vehicles registered with the Illinois Secretary of State from the calculation entirely – vehicles can now be transferred by affidavit regardless of value, and don’t count against the $150,000 cap for other assets.

Which threshold applies depends on the date of death:

  • Decedent died before August 15, 2025: the old $100,000 threshold applies.
  • Decedent died on or after August 15, 2025: the new $150,000 threshold applies, with vehicles excluded.

Step 1: Does The Estate Qualify For The Small Estate Affidavit?

Small Estate Affidavit (755 ILCS 5/25-1)

  • No letters of office can be outstanding, and no petition for letters can be pending or contemplated, in Illinois or any other jurisdiction.
  • The decedent’s personal estate passing by intestacy or under a will – not counting registered motor vehicles – must not exceed $150,000 (for deaths on or after 8/15/2025).
  • Cannot be used to transfer real estate the decedent owned in their own name, unless that property passes outside probate (transfer-on-death instrument, joint tenancy).
  • The affidavit is signed under penalty of perjury before a notary, then presented to financial institutions or the Illinois Secretary of State (for vehicle title transfers) to collect assets – it isn’t filed with the court.
  • A blank affidavit form can be requested from the probate court clerk in the county where the decedent lived.

STEP 2: FORMAL PROBATE (for estates above the threshold or with disqualifying real estate)

  1. File a petition with the Circuit Court in the relevant county.
  2. The court appoints an executor or administrator; independent administration (minimal court supervision) is available in many cases and is the more common, less burdensome path.
  3. Notice to creditors is published; creditors generally have a set claims period to file.
  4. The estate is inventoried, debts and expenses are paid, and remaining assets are distributed according to the will or Illinois intestacy law.
  5. A final accounting closes the estate.

Transfer-On-Death Deeds

Illinois allows a Transfer-on-Death Instrument for real estate (755 ILCS 27, the Real Property TOD Instrument Act) – a tool some families use ahead of time to keep a home out of probate entirely, separate from the small estate affidavit process.

Community Property Note

Illinois is a common-law (separate-property) state, not a community property state – this affects how marital assets are treated compared to states like Idaho or California.

Timeline

Small estate affidavits can move relatively quickly once the estate qualifies and paperwork is in order. Formal probate timelines vary with complexity, creditor claims, and whether independent administration is available.

Taxes

Illinois has no state inheritance tax – beneficiaries aren’t taxed on what they receive. Illinois does impose its own state estate tax, administered separately by the Illinois Attorney General under 35 ILCS 405, with its own exemption threshold distinct from the federal one – this is a meaningful difference from states with no estate tax at all, so it’s worth checking current exemption levels for larger estates. Illinois does not allow a surviving spouse to inherit a deceased spouse’s unused federal exclusion (no “portability”); married couples instead rely on a separate state QTIP election.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Circuit Court address, phone number, and local filing details, visit that county’s page.