What Happens to Jointly Owned Property in Illinois When an Owner Dies?
When a joint owner dies in Illinois: Illinois law names no affidavit or certificate to record when a joint tenant or a tenant by the entirety dies. A deed that expressly declares a joint tenancy carries the right of survivorship, and the surviving tenant by the entirety retains the entire estate765 ILCS 1005 (Joint Tenancy Act); 765 ILCS 5; 755 ILCS 5; the Real Property Transfer on Death Instrument Act; 55 ILCS 5 Division 3-5; 35 ILCS 200 art. 31; 410 ILCS 535; 86 Ill. Adm. Code 120Verified Oct 26, 2026View source.
Illinois law names no affidavit or certificate to record when a joint tenant or a tenant by the entirety dies. A deed that expressly declares a joint tenancy carries the right of survivorship, and the surviving tenant by the entirety retains the entire estate765 ILCS 1005 (Joint Tenancy Act); 765 ILCS 5; 755 ILCS 5; the Real Property Transfer on Death Instrument Act; 55 ILCS 5 Division 3-5; 35 ILCS 200 art. 31; 410 ILCS 535; 86 Ill. Adm. Code 120Verified Oct 26, 2026View source.
Illinois survivorship vestings are joint tenancy, which the deed must expressly declare, and tenancy by the entirety, which spouses or civil union partners may hold only in their homestead; when a tenant by the entirety dies, the survivor retains the entire estate. The Cook County Clerk publishes an optional Surviving Tenant Affidavit, also called a Deceased Joint Tenancy Affidavit, and states that recording it is not mandatory755 ILCS 27/75Verified Oct 26, 2026View source.
A transfer on death instrument beneficiary may file a notice of death affidavit with the county recorder to confirm title after the owner's death. Filing it is not a condition to the transfer of title755 ILCS 27/75Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in Illinois
Free forms for settling an estate in Illinois: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In Illinois, a transfer on death deed beneficiary records the “Notice of death affidavit755 ILCS 27/75Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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.
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.
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.
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.
Estate Inventory
In Illinois, the personal representative files the estate inventory within 60 days755 ILCS 5/14-1Verified Oct 10, 2026View source of appointment.
Tools for Settling an Estate in Illinois
Free tools for settling an estate in Illinois: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
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.
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.
Do I Have to File Tax Returns for Someone Who Died?
Illinois requires a final state income tax return for the decedent alongside the federal Form 104035 ILCS 5/201Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Illinois: the personal representative files the estate inventory within 60 days755 ILCS 5/14-1Verified Oct 10, 2026View source of appointment; creditors have 6 months755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Illinois, the estate either qualifies for the simplified procedure for estates under $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or goes through probate, where 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 to file claims after notice.
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.
What Taxes Apply to My Inheritance?
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.
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Illinois Estate Settlement Resources
In-depth guides covering Illinois probate, estate administration, and settling an estate.