How Do I File Taxes for a Deceased Person in Illinois?

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.

At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Illinois requires a final state income tax return35 ILCS 5/201Verified Sep 20, 2026View source (IL-104035 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and an Illinois fiduciary return (IL-104135 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source) may also be required. An Illinois estate tax return must also be filed when the federal gross estate plus lifetime taxable gifts exceeds $4,000,00035 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source, a test on the gross estate that can be met even where deductions mean no tax is due.

The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Illinois return is due April 15 following year of death (automatic 6-month extension to October 15)35 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source. The Illinois fiduciary return is due April 15 (calendar year); automatic 6-month extension35 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source. The Illinois estate tax return (Form 70035 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source) is due 9 months after date of death35 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source.

No. Certificate of Discharge from estate tax lien available via Form 700 checkbox (handled by Attorney General). IDOR Form ITR-1 available for business tax clearance but not required for probate35 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source. Every tax obligation is still settled before the final distribution.

Yes. Illinois imposes a state estate tax35 ILCS 405/2Verified Sep 15, 2026View source on an estate above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source. The $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source threshold is a cliff: once an estate crosses it, Illinois computes tax on the entire taxable estate, not only the amount above the threshold. It is separate from the federal estate tax. A state estate tax return must be filed when the federal gross estate plus lifetime taxable gifts exceeds $4,000,00035 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source, even if no federal estate tax is owed.

Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source and the Illinois estate tax return (required when the federal gross estate plus lifetime taxable gifts exceeds $4,000,00035 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source).

Forms 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.

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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 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.

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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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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.

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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.

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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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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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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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Hire an Illinois Probate Attorney

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

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Illinois Estate Settlement Resources

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