What Do I Do When Someone Dies in Illinois?

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated in a written instrument per 755 ILCS 65/10 and 65/15; then Executor or legal representative acting per decedent's written will instructions; then Surviving spouse at time of death; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $150,000. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: CCP 0315 (Petition for Probate of Will and for Letters Testamentary). File with the Circuit Court (Probate Division). E-filing is mandatory. Counties may require additional local forms. Filing fees vary by estate value. Independent administration reduces court supervision. Typical duration: 7-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Letters of Office are issued by the Clerk of the Circuit Court, after the court admits the will (testate) or grants the petition for administration (intestate). The state's title for the role is Representative (Executor if testate, Administrator if intestate). Typically filed with the petition: Copy of the death certificate — clerk intake practice, NOT a Probate Act or court-rule requirement, and a plain COPY rather than a certified copy. The Cook County Clerk asks for one when the will is filed under 755 ILCS 5/6-1: "Date of death is the date the decedent died. A Will cannot be filed without a date of death. Please provide the Office a copy of the death certificate." Other circuits' own probate guides do not ask for it at all. The single death-certificate requirement anywhere in the Probate Act sits on the letters-BYPASS track, not the appointment petition: the statutory small estate affidavit form recites "I have attached a copy of the death certificate hereto" (755 ILCS 5/25-1(b), para. 3) — again a copy, not certified; 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); Intestate track only, 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).