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General information · not a substitute for the advice of an attorney · Valoren is a publisher, not a law firm.

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Probate in Illinois

What Illinois’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Illinois.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 11, 2026 – October 16, 2026

Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

Independent administration: what it permits, and when the court grants it

This Article permits an executor or administrator to administer the estate without court order or filings, except to the extent that court order or filing is required by this Article or is requested by any interested person pursuant to this Article.

(a) Unless the will, if any, expressly forbids independent administration or supervised administration is required under subsection (b), the court shall grant independent administration…

Illinois · general information · checked October 16, 2026 · 755 ILCS 5/28-1, 28-2

The notice to creditors, and when claims are barred

(a) It is the duty of the representative to publish once each week for 3 successive weeks, and to mail or deliver to each creditor of the decedent whose name and post office address are known to or are reasonably ascertainable by the representative … a notice stating

that claims may be filed on or before the date stated in the notice, which date shall be not less than 6 months from the date of the first publication or 3 months from the date of mailing or delivery, whichever is later, and that any claim not filed on or before that date is barred.

(b) Unless sooner barred under subsection (a) of this Section, all claims which could have been barred under this Section are, in any event, barred 2 years after decedent's death, whether or not letters of office are issued upon the estate of the decedent.

Illinois · general information · checked October 16, 2026 · 755 ILCS 5/18-3 (P.A. 86-815), 18-12 (P.A. 89-21; 89-686)

What the Probate Division hears, in Cook County

The Probate Division hears actions concerning the probate and contest of wills and testamentary instruments; claims against an estate arising in contract, tort or otherwise; actions and proceedings arising under the Illinois Probate Act of 1975, 755 ILCS chapter 5 et. seq.; the administration of estates of decedents…

Illinois · general information · checked October 11, 2026 · Clerk of the Circuit Court of Cook County, Probate Division

Letters of administration: when the clerk issues them

After the judge in your case enters an Order Appointing Representative of Decedent's Estate - Intestate, the Clerk's Office will issue you Letters of Administration.

Illinois · general information · checked October 11, 2026 · Clerk of the Circuit Court of Cook County, Probate Division

What the person holding the will must do, and the penalty for hiding it

(a) 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 and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will…

(b) If any person wilfully alters or destroys a will without the direction of the testator or wilfully secretes it for the period of 30 days after the death of the testator is known to him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony…

Illinois · general information · checked October 16, 2026 · 755 ILCS 5/6-1 (P.A. 96-137, eff. 1-1-10)

Filing a will with the Cook County clerk: the fee, and the death certificate

There is no fee for filing a will.

A Will cannot be filed without a date of death. Please provide the Office a copy of the death certificate.

Illinois · general information · checked October 11, 2026 · Clerk of the Circuit Court of Cook County, Probate Division

FAQ

Common questions

This Article permits an executor or administrator to administer the estate without court order or filings, except to the extent that court order or filing is required by this Article or is requested by any interested person pursuant to this Article.

(a) Unless the will, if any, expressly forbids independent administration or supervised administration is required under subsection (b), the court shall grant independent administration…

Illinois · general information · checked October 16, 2026 · 755 ILCS 5/28-1, 28-2

(a) It is the duty of the representative to publish once each week for 3 successive weeks, and to mail or deliver to each creditor of the decedent whose name and post office address are known to or are reasonably ascertainable by the representative … a notice stating

that claims may be filed on or before the date stated in the notice, which date shall be not less than 6 months from the date of the first publication or 3 months from the date of mailing or delivery, whichever is later, and that any claim not filed on or before that date is barred.

(b) Unless sooner barred under subsection (a) of this Section, all claims which could have been barred under this Section are, in any event, barred 2 years after decedent's death, whether or not letters of office are issued upon the estate of the decedent.

Illinois · general information · checked October 16, 2026 · 755 ILCS 5/18-3 (P.A. 86-815), 18-12 (P.A. 89-21; 89-686)

(a) 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 and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will…

(b) If any person wilfully alters or destroys a will without the direction of the testator or wilfully secretes it for the period of 30 days after the death of the testator is known to him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony…

Illinois · general information · checked October 16, 2026 · 755 ILCS 5/6-1 (P.A. 96-137, eff. 1-1-10)

There is no fee for filing a will.

A Will cannot be filed without a date of death. Please provide the Office a copy of the death certificate.

Illinois · general information · checked October 11, 2026 · Clerk of the Circuit Court of Cook County, Probate Division

After the judge in your case enters an Order Appointing Representative of Decedent's Estate - Intestate, the Clerk's Office will issue you Letters of Administration.

Illinois · general information · checked October 11, 2026 · Clerk of the Circuit Court of Cook County, Probate Division