What Taxes Apply to My Inheritance in Illinois, and When Will I Receive It?

In Illinois, beneficiaries owe no inheritance tax and the estate pays any estate tax35 ILCS 405/2Verified Sep 15, 2026View source above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.

No. Illinois imposes no state inheritance tax, so a beneficiary owes no state tax on what they receive. An inherited retirement account (a 401(k) or a traditional IRA) is still taxed as income when it is withdrawn, and the federal estate tax reaches an estate above the federal exemption.

No. The IRS does not treat inherited money, real estate or personal items as income, so a beneficiary in Illinois does not report them on a federal return when received. Two exceptions: an inherited retirement account (a 401(k) or a traditional IRA) is taxed as ordinary income as it is withdrawn, and earnings after the date of death are taxable. Inherited property takes a stepped-up basis, its value on the date of death, for any later capital gain.

It depends on how the asset passes. Life insurance and a retirement account with a named beneficiary pay in a few weeks once the claim is filed. Trust distributions in Illinois follow the trustee's administration rather than a court timeline. A probate estate in Illinois takes 9 months to 14 months on average, and longer with a dispute or unusual assets.

Illinois gives creditors 6 months755 ILCS 5/18-3 (claim date not less than 6 months from first publication, or 3 months from mailing, whichever is later); 5/18-12(b) (2-year outer bar from death)Verified Sep 8, 2026View source to file a claim against the estate. The executor does not make final distributions until the period has run, which is what keeps a beneficiary from inheriting an unpaid debt along with the asset.

In Illinois, estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less skip probate with the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. There is no statutory waiting period. For a beneficiary that means the asset arrives in weeks rather than the months a probate estate takes.

Forms for Planning and Settling an Estate in Illinois

Free Illinois forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Petition for Probate and Letters

In Illinois, the petition asks the Circuit Court to appoint the personal representative, whose authority is proved by Letters of Office; every appointment goes through the court755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)Verified Sep 8, 2026View source.

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Notice to Creditors

In Illinois, the notice to creditors is published for 3755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 6 months755 ILCS 5/18-3 (claim date not less than 6 months from first publication, or 3 months from mailing, whichever is later); 5/18-12(b) (2-year outer bar from death)Verified Sep 8, 2026View source from first publication to present claims.

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Renunciation of Executor

In Illinois, a person named as executor may decline to serve755 ILCS 5/6-3(a); Cook County CCP 0309 (12/01/24)Verified Sep 23, 2026View source before anyone is appointed.

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Small Estate Affidavit

In Illinois, the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source covers estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less, presented directly to the bank or other holder, not filed with a court.

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Estate Inventory

In Illinois, the personal representative files the estate inventory within 60 days755 ILCS 5/14-1Verified Oct 10, 2026View source of appointment.

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Estate Closing

In Illinois, the personal representative is discharged by court order755 ILCS 5/28-11(d), (e), (f); 5/24-2Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.

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Letter of Instruction

Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.

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Tools for Planning and Settling an Estate in Illinois

Free calculators and checklists for planning or settling an estate in Illinois: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Are Estate & Inheritance Taxes?

Illinois levies an estate tax35 ILCS 405/2Verified Sep 15, 2026View source above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source (top rate 16%35 ILCS 405/2Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in Illinois take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates35 ILCS 5/201(b)(5.4) flat 4.95% rate on individuals, trusts, and estates; § 201(c)-(d) personal property tax replacement income tax; 35 ILCS 5/203 federal AGI conformityVerified Sep 15, 2026View source.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Illinois costs an estimated $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source can use a small-estate procedure instead.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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How Much Does Probate Cost?

Probate on a $500,000 estate in Illinois costs an estimated $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Who Inherits Without a Will?

Without a will in Illinois, a surviving spouse takes half of the estate755 ILCS 5/2-1Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpes755 ILCS 5/2-1Verified Sep 10, 2026View source.

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How Many Death Certificates Do I Need?

In Illinois, certified death certificates come from the Illinois Department of Public Health - Division of Vital RecordsIllinois Department of Public Health - Division of Vital RecordsVerified Oct 15, 2026View source; the first copy costs $19Illinois Department of Public Health - Division of Vital RecordsVerified Oct 15, 2026View source, additional copies $4Illinois Department of Public Health - Division of Vital RecordsVerified Oct 15, 2026View source each.

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Do I Need Probate?

In Illinois, estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less skip probate with the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source.

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Illinois Estate Planning Resources

In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.