Do all estates in Illinois require probate?

No. Small estates under $100,000 in personal property (no real estate) may use affidavit procedures. Joint property and beneficiary designations pass outside probate.

How much does probate cost in Illinois?

Illinois has no statutory fee schedule. Attorney fees typically range from 2-5% of estate value. Cook County filing fees start around $479. Total costs often range from 4-8% of estate value.

What is Independent Administration in Illinois?

Independent Administration allows the executor to act without continuous court supervision, requiring only annual accounting. This is faster and less expensive than Supervised Administration.

Can I avoid probate in Illinois?

Yes, through living trusts, joint tenancy, TOD designations, beneficiary designations, and proper estate planning.

Illinois Probate Information

Illinois Probate Guide

Everything you need to know about the probate process in Illinois, including costs, timelines, and requirements.

Free for families nationwide

Updated for 2026

All 50 states

Step 1: Enter What You Know

Estimated Total Estate Value

Real estate, bank accounts, investments, personal property

Property Address

Enter the address of the property in the estate

Jurisdiction / Region

Select the state where the property is located

Does the estate include real estate?

Yes

I'm not sure

Will a probate attorney be used?

Yes

I'm not sure

Is the probate expected to be contested or complex?

Yes

I'm not sure

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How Probate Works in Illinois

Illinois probate is handled by Circuit Court, with processes varying by county. Cook County (Chicago) tends to have higher costs and longer timelines. Illinois offers Independent and Supervised Administration options.

Important Note for Illinois

Illinois fees vary significantly by county. Cook County typically has higher filing fees and longer processing times.

Illinois Probate Timeline

Illinois probate typically takes 6-12 months for uncontested estates. Cook County and other large metro areas may take longer due to court volume. Supervised administration takes 12+ months.

Typical Probate Process

File Petition

Start

Notify Creditors

1-3 Mos

Inventory Assets

2-6 Mos

Pay Debts

6-9 Mos

Distribute

Closing

Small Estate Threshold

Estates with personal property under $100,000 (no real estate) may qualify for Small Estate Affidavit procedures.

Uniform Probate Code

Not Adopted

Traditional probate rules apply

Get a Personalized Timeline Estimate

Common Questions

View all probate FAQs

Free Probate Tools

Use these tools to help navigate the Illinois probate process

Probate Cost Calculator

Estimate likely probate expenses for Illinois including court fees, attorney fees, and more.

Timeline Estimator

See how long probate may take in Illinois based on your situation.

Do I Need Probate?

A simple questionnaire to help determine if probate is required.

Probate Checklist

Step-by-step guide to what needs to be done during probate.

Selling a House in Illinois Probate?

In most cases the estate doesn't have to wait for probate to finish before selling real estate — but the rules on executor authority, notices, and court confirmation are state-specific. Learn how probate sales work, what the house costs the estate every month it sits, and whether listing it or selling as-is for cash fits your situation. If you'd like, our team can walk you through it for free.

Your Options for Selling Ask Us a Question

Looking for Another State?

We have comprehensive probate guides and fee calculators for all 50 states and D.C.

View All State Guides

The information on this page is provided for general educational purposes only and is not legal, tax, or financial advice. Probate laws change and vary by state and by individual circumstances, and we cannot guarantee the completeness or accuracy of the information provided. For advice about your specific situation, consult a licensed attorney in your state.