Is there a way to avoid probate appointment in Illinois?

Yes. A revocable living trust passes assets to beneficiaries without any court appointment — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

How Do I Get Appointed as Executor in Illinois?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

Got the Letters? Run the whole estate from here.

State

Document Type

Getting Appointed in Illinois

Representative (Executor if testate, Administrator if intestate)

Where you file

Circuit Court (Probate Division)

The form that opens the estate

CCP 0315Petition for Probate of Will and for Letters Testamentary · County-issued form · View sourceStart this petition for Illinois — we pre-fill it with your information. You review, sign, and file it with the court.

What the court issues (with a will)

Letters of Office (Letters Testamentary)issued by Clerk of the Circuit Court, after the court admits the will (testate) or grants the petition for administration (intestate)

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filingSelf-represented filingLocal/county forms

E-filing is mandatory in civil cases under Supreme Court Order M.R. 18368 (filed Jan. 22, 2016). Exempted document types include wills, juvenile-court documents, and filings by incarcerated self-represented litigants; a good-cause exemption (Supreme Court Certificate for Exemption from E-Filing) permits paper filing. Self-represented filers may e-file through an approved eFileIL service provider.

Illinois publishes NO statewide standardized probate petition or Letters of Office form — the Supreme Court Approved Statewide Standardized Forms set has no Estate/Probate/Letters category (re-checked 2026-07-13: the only guardianship suite is MINOR guardianship). The petition to admit a will, the petition for letters of administration, and the Letters of Office document are all county-issued (e.g. Cook County Clerk CCP 0315 testate / CCP 0316 with will annexed / CCP 0302 intestate; 24th Judicial Circuit Letters of Office – Decedents Estate) or typed pleadings drafted to 755 ILCS 5/6-2 and 5/9-4. Form numbers vary by county.

Bond

Required before Letters: Yes
Waivable by will: Yes
Waivable by beneficiaries: No

What to file with the petition

Certified copy of the death certificate
Original will and any codicils, filed with the clerk (755 ILCS 5/6-1; will is an e-filing-exempt document type)
Petition to admit will / for letters of administration stating heirs and legatees (755 ILCS 5/6-2, 5/9-4)
Oath of office of the representative (755 ILCS 5/12-2)
Surety bond unless excused by the will or the court (755 ILCS 5/12-2, 5/12-4)
Affidavit of heirship and proof of mailed notice to heirs/legatees (755 ILCS 5/6-10, 5/9-5)
Where letters of administration with the will annexed are sought and the petition states that one or more persons are entitled to administer or to nominate an administrator equally with or in preference to the petitioner: a copy of the petition mailed to each such person, with proof of mailing filed with the clerk (755 ILCS 5/6-2)

Small-estate alternative

Bypasses full Letters: Yes
Form name: Small Estate Affidavit

State-specific notes

Two petition tracks under the Probate Act of 1975: testate (755 ILCS 5/6-2 petition to admit will and issue letters testamentary; letters issue under 5/6-8) and intestate (755 ILCS 5/9-4 petition for letters of administration; statutory order of preference for who may serve in 5/9-3, headed by the surviving spouse). Most Illinois estates are administered as "independent administration" (Art. XXVIII, 755 ILCS 5/28-1 et seq.) unless supervised administration is requested; independent vs. supervised is elected in the petition. Small estates up to $150,000 (excluding motor vehicles registered with the Secretary of State) can be settled with the statutory small-estate affidavit (755 ILCS 5/25-1) with no court appointment. Form numbers cited (CCP 0315 testate, CCP 0316 with will annexed, CCP 0302 intestate) are Cook County examples; other counties publish their own forms.

A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.

Create a Revocable Trust in 15 minutes

This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15

Frequently Asked Questions

Illinois uses Petition for Probate of Will and for Letters Testamentary (testate) / Petition for Letters of Administration (intestate) (CCP 0315), filed with the Circuit Court (Probate Division). After the court grants the petition, Clerk of the Circuit Court, after the court admits the will (testate) or grants the petition for administration (intestate) issues your Letters of Office (Letters Testamentary) (with a will) or Letters of Office (Letters of Administration) (without a will).

Along with the petition, Illinois generally requires: Certified copy of the death certificate; Original will and any codicils, filed with the clerk (755 ILCS 5/6-1; will is an e-filing-exempt document type); Petition to admit will / for letters of administration stating heirs and legatees (755 ILCS 5/6-2, 5/9-4); Oath of office of the representative (755 ILCS 5/12-2); Surety bond unless excused by the will or the court (755 ILCS 5/12-2, 5/12-4); Affidavit of heirship and proof of mailed notice to heirs/legatees (755 ILCS 5/6-10, 5/9-5); Where letters of administration with the will annexed are sought and the petition states that one or more persons are entitled to administer or to nominate an administrator equally with or in preference to the petitioner: a copy of the petition mailed to each such person, with proof of mailing filed with the clerk (755 ILCS 5/6-2).

Yes. Illinois requires a bond by default before Letters issue. A will can waive it.

Illinois permits self-represented filers to open an estate, using Petition for Probate of Will and for Letters Testamentary (testate) / Petition for Letters of Administration (intestate) (CCP 0315). E-filing is available. The Self-File Probate Assessment compares self-filing and attorney costs for Illinois.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Illinois — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

Getting Appointed in Illinois

In Illinois, a personal representative is appointed by the Circuit Court (Probate Division). Clerk of the Circuit Court, after the court admits the will (testate) or grants the petition for administration (intestate) issues the Letters that prove authority over the estate — Letters of Office (Letters Testamentary) when there is a will, Letters of Office (Letters of Administration) when there is not. Illinois's Uniform Probate Code adoption status: No.

The estate is opened by filing Petition for Probate of Will and for Letters Testamentary (testate) / Petition for Letters of Administration (intestate) (CCP 0315) with the court. The court filing fee runs $384, and an informal appointment track for qualifying estates is available: No.

A bond is required by default before Letters issue in Illinois, though a will can waive it.

Estates under $150,000 in Illinois may qualify for a simplified procedure that avoids a full appointment entirely. See the self-file probate assessment for a Illinois cost comparison.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Illinois statutes and official state code. How we research.

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