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What to do when someone dies in Illinois

The first things Illinois’s own law asks for after a death, quoted word for word, then the pages for everything that follows, in the order it usually comes. Nothing here decides what a particular family must do. That belongs to the office named, the court, or 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.

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

The will has its own rules. These are Illinois’s own words on who brings it to the court after a death, and what the court does with 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)

The official page: Illinois General Assembly: Probate Act of 1975, 755 ILCS 5/6-1 (duty to file a will; wilful secreting)

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

The official page: Clerk of the Circuit Court of Cook County: Probate Division

The first days

The first hours in the official words, certified copies of the death certificate, and the offices that need to hear first.

The first weeks

The estate: probate in Illinois, its route for a smaller estate, what falls to whoever is settling it, and the accounts that pass outside the will.

The months after

The debts, the tax returns, money nobody knew about, and the home.

Planning ahead

For a household that would rather have it written down before it is needed: the free checklist, and the planner.

The same page for other states

FAQ

Common questions

(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)

The official page: Illinois General Assembly: Probate Act of 1975, 755 ILCS 5/6-1 (duty to file a will; wilful secreting)

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

The official page: Clerk of the Circuit Court of Cook County: Probate Division

What to do when someone dies in Illinois

§1What the person holding the will must do, and the penalty for hiding it

§2Filing a will with the Cook County clerk: the fee, and the death certificate

§3The first days

§4The first weeks

§5The months after

§6Planning ahead

§7The same page for other states