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.
Certified copies 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 funeral home usually places the first order. The first certified copy costs $19Illinois Department of Public Health - Division of Vital RecordsVerified Oct 15, 2026View source and each additional copy ordered with it $4Illinois Department of Public Health - Division of Vital RecordsVerified Oct 15, 2026View source; standard processing takes Approximately 12 weeksIllinois Department of Public Health - Division of Vital RecordsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Illinois death certificate guide carries the ordering details.
Illinois sets an order for who controls the disposition of remains: executor or legal representative acting, then surviving spouse at time of death, then sole surviving competent adult child, or majority of surviving competent adult children755 ILCS 65/5Verified Oct 17, 2026View source. The state allows you to name your own agent in advance755 ILCS 65/10Verified Oct 17, 2026View source, and a written designation outranks the default order. The Illinois burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Illinois allows estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less to use the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source, which avoids full probate administration. 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.
Illinois uses Petition for Probate of Will and for Letters Testamentary (testate) / Petition for Letters of Administration (intestate) (CCP 0315)755 ILCS 5/6-2, 5/6-8 (admit will & issue letters testamentary); 755 ILCS 5/9-3, 5/9-4 (letters of administration & preference); 755 ILCS 5/12-2 to 12-5 (oath & bond); 755 ILCS 5/28-2 (independent administration); 755 ILCS 5/6-13, 5/9-1 (who may act)Verified Aug 24, 2026View source, filed with the Circuit Court755 ILCS 5/6-2, 5/6-8 (admit will & issue letters testamentary); 755 ILCS 5/9-3, 5/9-4 (letters of administration & preference); 755 ILCS 5/12-2 to 12-5 (oath & bond); 755 ILCS 5/28-2 (independent administration); 755 ILCS 5/6-13, 5/9-1 (who may act)Verified Aug 24, 2026View source. Clerk of the Circuit Court issues Letters of Office after the court grants the petition. The Illinois Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Illinois typically settles in 6 months to 9 months, and an average estate in 9 months to 14 months. The creditor claim period of 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 is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Illinois: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Illinois.
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Affidavit of Death
In Illinois, a transfer on death deed beneficiary records the “Notice of death affidavit755 ILCS 27/75Verified Oct 26, 2026View source”.
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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.
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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.
Free tools for settling an estate in Illinois: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Illinois.
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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What Happens to Jointly Owned Property 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.
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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.
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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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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.
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
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.
Illinois: 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.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Illinois: Cremation has a 24-hour waiting period. Medical examiner authorization is required before cremation. A burial or disposition permit is required, issued by the local registrar of the district where the death occurred or the body was found (410 ILCS 535/21(3)). The death certificate must be filed within 7 days. The certificate must also be filed before cremation or removal of the body from Illinois. When the coroner or medical examiner investigates the death, the 7-day rule does not apply and the coroner or medical examiner signs the medical certification within 48 hours after death, except in special problem cases set by rule (410 ILCS 535/18(1), (3)). Typical state costs: direct cremation ~$1,600, direct burial ~$3,200, traditional funeral ~$8,300.
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Illinois: Order from Illinois Department of Public Health - Division of Vital Records. Fee: $19/copy ($4 additional). Available: online, mail, in-person. Processing: Approximately 12 weeks.
Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.
Illinois: Homestead exemption up to $50,000. Surviving spouse has lifetime right to occupy. Minor children also protected.735 ILCS 5/12-901, 12-902 (as amended by P.A. 104-120)Verified Oct 10, 2026View source
Locate estate planning documents
Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.
Determine if probate is necessary
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Illinois: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Illinois's estate recovery program (Illinois Department of Healthcare and Family Services, Estate Recovery Program) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Illinois: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance (755 ILCS 5/4-7(b); 750 ILCS 5/503(b-5); 760 ILCS 3/605). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Illinois: Homestead exemption up to $50,000. Surviving spouse has lifetime right to occupy. Minor children also protected. Illinois allows Transfer on Death (TOD) deeds. Check the county recorder's office to see if a TOD deed was recorded -- if so, the property transfers outside probate.735 ILCS 5/12-901, 12-902 (as amended by P.A. 104-120)Verified Oct 10, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Illinois: 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, which the Cook County Clerk asks for when the will is filed; the Probate Act and the court rules do not require one, and a plain copy serves; 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); On the intestate track, 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).755 ILCS 5/6-2, 5/6-8 (admit will & issue letters testamentary); 755 ILCS 5/9-3, 5/9-4 (letters of administration & preference); 755 ILCS 5/12-2 to 12-5 (oath & bond); 755 ILCS 5/28-2 (independent administration); 755 ILCS 5/6-13, 5/9-1 (who may act)Verified Aug 24, 2026
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Illinois: Illinois requires publication for 3 consecutive weeks. Typical cost: $200. The executor places the notice with the newspaper directly. Creditors have 6 months from first publication to file claims. Known creditors must receive direct mailed notice. Proof of publication must be filed with the court.755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Illinois: Illinois has adopted digital asset access laws (2016). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.755 ILCS 70 (RUFADAA)Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Illinois: Search Illinois State Treasurer, Unclaimed Property Division for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.
Illinois: Property owned in other states may require ancillary probate in those states. Small estate exception may apply for property under $150,000. State recognizes out-of-state personal representatives.755 ILCS 5/7-1 et seq.Verified Sep 15, 2026View source
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Illinois: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance (755 ILCS 5/4-7(b); 750 ILCS 5/503(b-5); 760 ILCS 3/605). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 60 days after appointment as personal representative755 ILCS 5/14-1Verified Oct 10, 2026View source
Illinois: Inventory due within 60 days of appointment — you may either file it with the court or send it to interested persons who request it. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.755 ILCS 5/14-1Verified Oct 10, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Illinois: After a claim is rejected, the creditor has 60 days to sue on it. If the estate cannot pay every claim, payment order: Funeral and burial expenses, expenses of administration, statutory custodial claims, and final guardianship fees and costs as determined by the court; then The surviving spouse's or child's award; then Debts due the United States; then remaining claims in statutory order.755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source
Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.
Creditor claim period: 6 months from first publication of the creditor notice755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source
Illinois: Creditor claim period is 6 months from first publication. All claims are barred 2 years after death regardless of notice.755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source
Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.
Illinois: Illinois titles can carry a Beneficiary designation (625 ILCS 5/3-104(a-5), 3-107(b-5)). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Illinois Secretary of State, Vehicle Services Department.
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Illinois: File IL-1040 for January 1 through date of death. Due April 15 following year of death (automatic 6-month extension to October 15). Write "deceased" and date of death above taxpayer name. Attach Form IL-1310 if non-spouse claims refund. 35 ILCS 5/502.35 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Illinois: File IL-1041 for estate/trust income. Required when Required if estate has IL-source net income/loss, is an IL resident filing federal Form 1041, or is a nonresident with IL-source income — 35 ILCS 5/502. Due April 15 (calendar year); automatic 6-month extension. Filed via IRS Modernized e-File (MeF). 4.95% flat rate on fiduciary income. Payments via MyTax Illinois.35 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required; Illinois Form 700 due 9 months after date of death35 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026
Illinois: Has STATE ESTATE TAX with $4,000,000 exemption. File Form 700, due 9 months after date of death.35 ILCS 405/2Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Illinois: 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 probate.35 ILCS 5/502; 35 ILCS 405/1 et seq.Verified Sep 10, 2026View source
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Illinois: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
