How Do I Get Appointed as Executor in Illinois?

In Illinois, the Circuit Court appoints the personal representative and the Clerk of the Circuit Court issues Letters of Office; every appointment goes through the court.

State

Document Type

Getting appointed in Illinois

Representative (Executor if testate, Administrator if intestate)

The form that opens the estate

CCP 0315

Petition for Probate of Will and for Letters Testamentary · County-issued form · View source

Start this petition for Illinois — the builder fills it with your answers. You review, sign, and file it with the court.

Where you file

Circuit Court (Probate Division)

What the court issues (with a will)

Letters of Office (Letters Testamentary)

issued by Clerk of the Circuit Court

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

At a glance

UPC adoptedInformal trackE-filing (self-represented)Self-represented filingLocal/county forms

E-filing is mandatory in civil cases under Supreme Court Order M.R. 18368 (order entered Jan. 22, 2016; mandatory in the circuit courts effective Jan. 1, 2018) and Ill. S. Ct. R. 9(a). Rule 9 draws two distinct lines that matter to a probate filer. Rule 9(c) is an EXCEPTION, not an exemption: "The following documents in civil cases may not be electronically filed. (1) Original wills." — the original will is filed with the clerk on paper, and there is no election about it. Rule 9(d)(1) then makes three categories automatically EXEMPT without certification: documents filed by a self-represented litigant incarcerated in a local jail or correctional facility, documents filed under the Juvenile Court Act of 1987, and documents filed by any person with a disability as defined by the ADA whose disability prevents e-filing. Everything else e-files unless the filer establishes good cause under Rule 9(d)(2) — no computer/Internet access or technological literacy, no e-mail account, no credit card or bank account, a language barrier or low literacy, or a failed e-filing attempt with no technical support available — and files the statewide form Rule 9(d)(3) requires, titled "Certification for Exemption from E-Filing" (Approved 08/2025). The exemption takes effect immediately on filing the certification. Self-represented filers otherwise e-file through a certified electronic filing service provider.

Illinois publishes NO statewide standardized probate petition or Letters of Office form — the Approved Statewide Standardized Forms set has no Estate/Probate/Letters category (re-checked 2026-08-24: the only guardianship suite is MINOR guardianship, and no probate form sits in the draft-forms-for-comment queue). 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, each an AcroForm-fillable PDF at revision A (12/01/24); 24th Judicial Circuit Letters of Office – Decedent's Estate) or typed pleadings drafted to 755 ILCS 5/6-2 and 5/9-4. Form numbers vary by county. Two statewide probate forms do exist, but on a different axis: Ill. S. Ct. R. 108 and R. 110 prescribe the explanation-of-rights notices the representative must mail after the order (755 ILCS 5/6-10(a), 5/28-2(a)) — not the petition.

Bond

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

What to file with the petition

Copy of the death certificate, which the Cook County Clerk asks for when the will is filed; the Probate Act and the court rules do not require one, and a plain copy serves
Original will and any codicils, filed with the clerk on paper (755 ILCS 5/6-1 "Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county"; Ill. S. Ct. R. 9(c)(1) excepts original wills from e-filing entirely — they "may not be electronically filed")
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 (county practice, not a Probate Act requirement — Cook County publishes three samples alongside its Order Declaring Heirship; heirship must be ascertained before letters issue)
On the intestate track, before the hearing: a copy of the petition endorsed with the time and place of hearing, mailed not less than 30 days before the hearing to each person named in the petition whose post office address is stated and who is entitled either to administer or to nominate a person to administer equally with or in preference to the petitioner (755 ILCS 5/9-5(a))
After the order, within 14 days: a copy of the petition and of the order mailed to each heir/legatee named in the petition (publication 3 successive weeks for any whose name or address is not stated), with proof of mailing and publication filed with the clerk (755 ILCS 5/6-10(a) testate; 5/9-5(b) intestate)
Enclosed with that post-order mailing: the Supreme Court-prescribed explanation of rights — Ill. S. Ct. R. 108 Notice to Heirs and Legatees (right to require formal proof of will under 755 ILCS 5/6-21 within 42 days and to contest under 5/8-1 or 5/8-2), and, where independent administration is granted, the Ill. S. Ct. R. 110 explanation of rights in independent administration together with the form of Petition to Terminate Independent Administration
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. Illinois also has a SECOND, court-supervised shortcut that is not the affidavit and not a separate petition form: distribution on summary administration under 755 ILCS 5/9-8, available on petition where the gross value of the real and personal estate subject to administration in Illinois does not exceed $100,000, all heirs and legatees have consented in writing, each distributee gives a refunding bond, and notice has been published once a week for 3 successive weeks with the first publication not less than 30 days before the hearing. On those findings the court "may determine the rights of claimants ... direct payment of claims and distribution of the estate on summary administration and excuse the issuance of letters of office or revoke the letters which have been issued and discharge the representative." Because it EXCUSES letters rather than issuing them, it is not a small-estate variant of the appointment petition, and no smallEstatePetitionLimit is set. Form numbers cited (CCP 0315 testate, CCP 0316 with will annexed, CCP 0302 intestate) are Cook County examples; other counties publish their own forms.

General information about how a personal representative is appointed, not legal advice. Consult a licensed attorney for legal questions. Data verified Aug 24, 2026

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. Clerk of the Circuit Court issues Letters of Office after the court grants the petition.

Along with the petition, Illinois generally requires: Copy of the death certificate, which the Cook County Clerk asks for when the will is filed; the Probate Act and the court rules do not require one, and a plain copy serves; Original will and any codicils, filed with the clerk on paper (755 ILCS 5/6-1 "Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county"; Ill. S. Ct. R. 9(c)(1) excepts original wills from e-filing entirely — they "may not be electronically filed"). The court's own checklist runs longer for particular cases.

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

Illinois permits a self-represented person 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 open to self-represented filers. The Illinois self-file probate assessment sets self-filing against attorney costs.

Yes. A revocable living trust passes its assets to the beneficiaries without a court appointment in Illinois: no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about fifteen minutes.

Is this your situation?

Get a complete guide for your specific circumstances.

Named as Executor

What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.

Learn more

Free tools for settling an estate in Illinois: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Much Can an Executor Charge?

Illinois pays executors reasonable compensation, typically 2.2% to 3.8% of the estate.

Use Calculator

Can I Self-File Probate?

In Illinois, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.

Check Now

What Are the Creditor Claim Deadlines?

In Illinois, creditors have 6 months from first publication of the creditor notice to present claims; late claims are barred.

Check Deadlines

What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, Illinois pays the claims in 7 classes in statutory order, beginning with funeral and burial expenses, expenses of administration, statutory custodial claims, and final guardianship fees and costs as determined by the court.

Check the Payment Order

How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

See Bank Requirements

What Is the Estate's Personal Property Worth for Probate?

Estimate the fair market value of household items for probate and see how it affects fees.

Estimate Value

How Much Does Probate Cost?

Probate on a $500,000 estate in Illinois costs an estimated $25,745. Attorney fees run 1.9% to 3% of the estate under a reasonable-compensation standard.

Use Calculator

Hire an Illinois Probate Attorney

Browse 125 probate firms in Illinois with addresses, contact info, and practice details.

Browse firms

All Illinois tools

Illinois Estate Settlement Resources

In-depth guides covering Illinois probate, estate administration, and settling an estate.