Tools for Settling an Estate in Illinois

After a death in Illinois, the estate either qualifies for the simplified procedure for estates under $150,000 or goes through probate, where creditors have 6 months to file claims after notice.

All Planning ahead Settling an estate

25 tools for Illinois

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.

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How Much Can an Executor Charge?

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

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Who Inherits Without a Will?

Without a will in Illinois, a surviving spouse takes half of the estate when every child of either spouse is a child of both, and descendants divide what passes to them per stirpes.

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What's Fair Trustee Compensation?

In Illinois, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent) unless the trust instrument sets a different amount.

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How Much Are Estate & Inheritance Taxes?

Illinois levies an estate tax above $4,000,000 (top rate 16%) and no inheritance tax; the federal estate tax applies above $15,000,000.

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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 Records; the first copy costs $19, additional copies $4 each.

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Do I Need Probate?

In Illinois, estates with personal property of $150,000 or less skip probate with the Small Estate Affidavit.

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What Taxes Apply to My Inheritance?

In Illinois, beneficiaries owe no inheritance tax and the estate pays any estate tax above $4,000,000; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.

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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 death, and the gain on a later sale faces ordinary income tax at the state's regular rates.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in Illinois costs an estimated $25,745 and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.9% to 3% of the estate. Estates under $150,000 can use a small-estate procedure instead.

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What Are the Burial and Cremation Laws in My State?

Illinois allows you to name your own agent in a signed, written document, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.

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How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

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Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

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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.

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How Do I Get Appointed as Executor?

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.

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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.

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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.

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How Do I Open an Estate Account When Someone Dies?

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

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How Do I Open a Trust Account at My Bank?

Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.

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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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Settling an estate in Illinois means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 9 months to 14 months on average, and the creditor claim period of 6 months is the floor. In a probate case the inventory of estate assets is due within 60 days of appointment.

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.

The creditor claim period of 6 months runs from the first publication of the creditor notice, which follows the executor's appointment. Distributing assets before the period has run can leave the executor personally liable for a claim that arrives later.

Illinois allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules pay. Courts consider the size and complexity of the estate, the time spent, and the executor's skill and experience. Executors can waive the fee entirely or accept a reduced amount.

Settling a trust in Illinois starts when the successor trustee accepts the role: the trustee obtains death certificates and an EIN for the now-irrevocable trust, notifies the beneficiaries within 90 days, takes inventory of the trust assets, settles the grantor's debts and taxes, and distributes what remains under the trust terms. The process runs privately, without probate court supervision.

Tools for Settling an Estate in Illinois

The tools on this page cover an administration from the first week to the last distribution. The first weeks are the death certificate count, the burial and cremation rules, and whether the estate needs probate at all. The executor tools follow the court track: what probate costs and how long it takes, whether the estate can be self-filed and at which county court, the creditor claim deadlines, what an executor can charge, how an estate account is opened at a specific bank, and what happens when the estate cannot pay its debts. The trustee tools cover the settlement of a trust and the trustee's compensation.

Illinois pays executors reasonable compensation, typically 2.2% to 3.8% of the estate. In Illinois, the inventory is due within 60 days of appointment, the personal representative is discharged by court order, and a simple estate closes in 6 months to 9 months.

SimplyTrust Editorial·Updated October 10, 2026

Legal Sources

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