Illinois Probate Requirements
Illinois probate requirements: small estate threshold $150,000 (excludes vehicles, effective 2025), creditor notice 6 months from issuance of letters, Circuit Court. Updated guidance for executors.
Key probate facts for Illinois
| Small estate threshold | $150,000 (excludes vehicles, effective 2025) |
|---|---|
| Will filing deadline | 30 days after death |
| Probate petition deadline | No specific deadline |
| Creditor notice period | 6 months from issuance of letters |
| Inventory deadline | 60 days after appointment |
| Executor residency | No residency requirement |
| Bond required | Yes, unless waived |
| Executor compensation | Reasonable compensation |
| Estate / inheritance tax | Yes |
| Community property | No |
| Homestead protection | Up to $15,000 |
| Vehicle transfer | Affidavit for estates under $150,000 (vehicles excluded from threshold) |
| Probate court | Circuit Court |
Estate tax: Estate tax on estates over $4 million (2026)
Sources
- Illinois Courts — Probate
- Illinois Probate Act of 1975 (755 ILCS 5)
- IRS — Estate & Gift Tax
- Social Security Administration — Survivors Benefits
- USA.gov — What to Do After Someone Dies
- American Bar Association — Real Property, Trust & Estate Law
This summary is for general informational purposes and is not legal advice. Probate procedures change; verify with the Circuit Court or a licensed Illinois attorney.