How Probate Works in Illinois

Probate is filed in the circuit court of the county where the decedent lived (or, for nonresidents, where most of the real estate or personal property is). A person who learns they are named executor must file the will for probate or decline to act within 30 days. Main steps: petition for probate and letters of office; oath and bond; letters issued; publish notice to creditors once a week for 3 weeks and mail notice to known creditors; file a verified inventory within 60 days after letters are issued; pay claims and expenses; and account and distribute before the estate is closed.

Summary administration: if the gross value of the decedent's real and personal estate in Illinois is $100,000 or less, all heirs and beneficiaries consent in writing, debts and taxes are listed or paid, and each distributee posts a refunding bond, the court can order distribution on summary administration without a full probate. Illinois also allows independent administration (with less court supervision) in regular probate.

The published and mailed notice sets a claim deadline that must be at least 6 months after the first publication, or 3 months after mailing or delivery to a known creditor, whichever is later. Claims not filed by that date are barred. In any event, claims are barred 2 years after the decedent's death, whether or not probate is opened.

An executor must be 18 or older, a U.S. resident, of sound mind, not adjudged a person with a disability, not in state or federal prison, and generally not convicted of a felony (a person with a felony conviction may serve if the will names them and expressly acknowledges the conviction, with some exceptions such as financial exploitation of an elderly or disabled person). A nonresident executor may serve, but the court may require a bond even if the will waives it. Representatives take an oath and file a court-approved bond unless the will excuses it.

A small estate affidavit can be used to collect personal property when no letters of office are outstanding or planned anywhere and the decedent's personal estate passing by will or intestacy is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State (registered vehicles can also be transferred with it). It covers money, bank accounts, safe deposit boxes, stocks and other personal property; it cannot transfer real estate. The affidavit must list each asset and its value, the debts, and the heirs or beneficiaries, and a death certificate must be attached.