Last verified 2026-11-02; facts checked against the primary sources below
How long does probate take in Illinois?
Reviewed by Adam Nathan, founder of The Estate Desk
Last verified: November 2, 2026
The short answer: Illinois law sets no finish date for probate, so the length depends on the estate. The main clock is the claims period: the representative publishes a notice to creditors once a week for three weeks, and the claims deadline in that notice must be at least six months after the first publication (755 ILCS 5/18-3). After that, an independent representative can file a final report and ask to be discharged once 42 days pass with no objection (755 ILCS 5/28-11).
What are the deadlines, step by step?
These are the time limits set by the Illinois Probate Act of 1975 (755 ILCS 5). Each one runs from a different starting point, so read the "counted from" column closely.
| Step | Deadline or wait | Counted from | Source |
|---|---|---|---|
| Whoever has the will files it with the clerk of the court | Immediately | The death | 5/6-1(a) |
| The named executor asks the court to admit the will, or declines to serve | Within 30 days | Learning they are named executor | 5/6-3(a) |
| Mail the petition and order to heirs and legatees (with a will) | Not more than 14 days | The order admitting the will or appointing the representative | 5/6-10(a) |
| Publish the notice to creditors in a county newspaper | Once a week for 3 successive weeks | A duty of the representative; the Act sets no start date | 5/18-3 |
| Claims deadline stated in the notice | Not less than 6 months from first publication, or 3 months from mailing to a known creditor, whichever is later | First publication, or mailing | 5/18-3(a) |
| File the inventory (supervised administration) | Within 60 days | Issuance of letters | 5/14-1(a) |
| Contest the will | Within 6 months | Admission of the will to probate | 5/8-1(a) |
| First account to the court (supervised administration) | Within 60 days after 12 months, unless all interested persons consent in writing to excuse it | Issuance of letters | 5/24-1 |
| Claims not otherwise barred are cut off | 2 years | The death, whether or not letters were issued | 5/18-12(b) |
| Objection window on an independent representative's final report | 42 days | Filing of the report | 5/28-11(e) |
When can creditors still make a claim?
A claim is barred if the creditor was given notice and did not file by the date in that notice. A creditor the representative could not reasonably identify is held to the date in the published notice (5/18-12(a)). Any claim not barred sooner is barred 2 years after the death (5/18-12(b)).
| Rule | What the Act says | Source |
|---|---|---|
| Known creditors | Each known or reasonably ascertainable creditor gets the notice by mail or delivery, and their deadline is at least 3 months from that mailing | 5/18-3(a) |
| Proof of publication | The representative files it with the clerk | 5/18-3(b) |
| Liability insurance | The bar does not stop a suit against the decedent to the extent insurance covers it | 5/18-12(c) |
| Representative acting in good faith | Not personally liable to a creditor after giving notice as the Act requires, except to a known creditor left unpaid | 5/18-12(d) |
Does independent or supervised administration change the timeline?
Yes. Independent administration lets the executor or administrator act without court orders or filings except where the Act requires them (5/28-1). The court grants it unless the will forbids it or an interested person objects; an objection usually means supervised administration, with exceptions for wills that direct independent administration and for some creditors and legatees (5/28-2).
| Independent administration | Supervised administration | |
|---|---|---|
| Inventory | Not filed with the court; a copy goes to each interested person at least 30 days before the final report (5/28-6) | Filed with the court within 60 days of letters (5/14-1) |
| Accounting | Mailed to interested persons; no court account unless someone asks for one (5/28-11(a), (b)) | Presented to the court within 60 days after 12 months from letters, and then as the court requires (5/24-1) |
| Closing | File a verified final report. If every heir, legatee and creditor has signed receipts or approvals, the court can close the estate without further notice. Otherwise mail the report within 14 days of filing and wait 42 days for objections (5/28-11(d), (e)) | Court approval of the account after notice to unpaid creditors and other interested persons (5/24-2) |
Does it take longer without a will?
The steps after letters are the same. The start can take longer. With a will, the named executor has 30 days after learning of it to ask the court to admit the will or decline to serve (5/6-3). Without one, the person asking for letters must mail the petition at least 30 days before the hearing to everyone named in it who has an equal or higher right to serve (5/9-5(a)).
| With a will | Without a will | |
|---|---|---|
| Who gets letters | The executor named in the will | An administrator, in this order of preference: the surviving spouse, legatees, children, grandchildren, parents, brothers and sisters, nearest kindred, the Public Administrator, then a creditor (5/9-3) |
| Notice before letters | Petition and order mailed to heirs and legatees not more than 14 days after the order (5/6-10) | At least 30 days before the hearing to those with an equal or higher right to serve, then to the other heirs not more than 14 days after the order (5/9-5) |
| When several people have the same right | Not applicable | The court may appoint one or more of them, or their nominee (5/9-3) |
| Will contest risk | Open for 6 months after admission (5/8-1) | None |
How long does probate take in Cook County?
Cook County follows the same Probate Act deadlines. The Probate Division of the Circuit Court of Cook County sits at the Richard J. Daley Center, 50 W. Washington St., Chicago, main phone (312) 603-5943 (Circuit Court of Cook County). Five decedent estate courtrooms hear petitions for letters, will contests, claims against estates, citations to recover assets and heirship petitions (Cook County Decedent Estates). The court posts its forms there, including an order converting a supervised estate to independent administration (Cook County Decedent Estates). The court does not publish an average time to close an estate.
Is there a faster route for a small estate?
Yes. Illinois has a small estate affidavit that lets a bank, company or other holder hand over the decedent's personal property without any court case (5/25-1(a)). The Act sets no waiting period before it can be used.
| Rule | What the Act says | Source |
|---|---|---|
| Value limit | Personal property passing by will or without a will of not more than $150,000, not counting motor vehicles registered with the Secretary of State (text as last amended by P.A. 104-346, effective August 15, 2025) | 5/25-1(a-5) |
| Vehicle change on January 1, 2027 | Under P.A. 104-624, motor homes, vehicles used as living quarters, trailers, commercial vehicles, farm implements, buses and commuter vans no longer count as excluded vehicles | 5/25-1(a-5) |
| No probate case | No letters of office outstanding, and no petition for letters pending or planned in Illinois or anywhere else | 5/25-1(a-5) |
| Debts | The affiant states that all debts are paid, or lists the unpaid ones by class | 5/25-1(b) |
| Spouse and child award | The affidavit lists the award: $20,000 for a surviving spouse plus $10,000 for each minor or adult dependent child who lived with the spouse | 5/25-1(b) |
| Death certificate | A copy is attached to the affidavit | 5/25-1(b) |
What makes Illinois probate take longer?
The Act adds time in these situations:
| Situation | What it adds | Source |
|---|---|---|
| Someone challenges the will | A contest can be filed up to 6 months after admission, and either side can demand a jury | 5/8-1 |
| An interested person objects to independent administration | Supervised administration, with a court inventory and court accounts | 5/28-2(b), 5/24-1 |
| A minor or person with a disability has an interest | The court may require supervised administration to protect them | 5/28-2(a) |
| A creditor is found late | A known creditor's deadline is at least 3 months from the mailed notice | 5/18-3(a) |
| Someone objects to the final report | The court may order a verified account before closing | 5/28-11(e) |
| More property turns up after the inventory | A supplemental inventory within 60 days of learning of it | 5/14-1(a) |
If the person lived in another state, the timeline is set by that state's law. See how long probate takes in Texas, in Florida, in New York, in Pennsylvania, in Georgia or in California.
This is general information about Illinois law, not legal advice. An Illinois estate lawyer or the clerk of the circuit court in the county where the person lived can tell you which steps apply to a particular estate.
The Estate Desk helps families settle estates. theestatedesk.com
Primary sources
- https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2104&ChapterID=60
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K6-1.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K6-3.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K6-10.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K8-1.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K9-3.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K9-5.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K14-1.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K18-3.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K18-12.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K24-1.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K24-2.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K25-1.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K28-1.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K28-2.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K28-6.htm
- https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K28-11.htm
- https://www.cookcountycourtil.gov/division/probate-division
- https://www.cookcountycourtil.gov/division/probate-division/probate-decedent-estates