Illinois probate guide

Probate process in Illinois

Illinois probate runs in the Circuit Court's probate division. Filing fees vary by county — Cook County's start near $479. The small-estate affidavit threshold was raised from $100,000 to $150,000 effective August 15, 2025 under SB 83 (755 ILCS 5/25-1) and motor vehicles are now excluded from the calculation. Illinois recognizes the Real Property Transfer on Death Instrument under 755 ILCS 27.

Illinois probate at a glance

Court
Circuit Court (Probate Division)
Typical timeline
26–52 weeks
Filing fee
$200–$500
Small-estate threshold
$150,000
TOD deed allowed?
Yes
Bond required by default?
Yes (unless waived)
Statute
755 ILCS 5/1-1 et seq. (Illinois Probate Act of 1975)

Source: ilga.gov. Fees and thresholds change — verify with your county court before filing.

How Illinois probate works, step by step

  1. 1File petition for probate of will or letters of administration
  2. 2Court appoints representative and issues letters of office
  3. 3Publish notice to creditors; six-month claim period runs
  4. 4File inventory and pay debts, taxes, and spousal/child awards
  5. 5File final report and order of distribution

Probate by county in Illinois

Filing fees, court contacts, and process detail for 4 Illinois counties:

Protect your family from another probate — get a free life insurance quote

Most Illinois families never plan ahead. A 30-second quote from a licensed agent costs nothing and could save your heirs months of probate court.

This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed Illinois probate attorney for advice specific to your situation.