Probate in Illinois: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Illinois, family can skip probate with a small estate affidavit if the personal estate is $150,000 or less, not counting registered vehicles, for deaths on or after August 15, 2025. Real estate can't pass this way. Illinois allows transfer-on-death instruments for homes and taxes estates over $4 million.

When someone dies in Illinois, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Often the answer is no, or not for long. Illinois raised its small estate limit in 2025, lets a home pass by a recorded instrument, and allows independent administration with little court supervision. This page covers each one, plus who inherits if there is no will. It is part of our guides to estate planning in each state. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Illinois?

Yes, if the estate fits. The affidavit covers personal property only: bank accounts, stocks, a safe deposit box. It works when the personal estate passing by will or without one is $150,000 or less, not counting motor vehicles registered with the Secretary of State (755 ILCS 5/25-1).

The $150,000 limit applies to deaths on or after August 15, 2025. Before that, it was $100,000 (P.A. 104-346). Older articles online still show the lower number.

What to know:

No court case can be open or planned.
The statute sets no waiting period.
The person signing attaches the death certificate and lists the assets and debts.
Banks, transfer agents and safe deposit companies must pay or deliver on it.
Real estate can't pass by small estate affidavit.

There is also a court shortcut called summary administration (755 ILCS 5/9-8). It works when the gross value of all Illinois real and personal estate is $100,000 or less, every heir and beneficiary agrees in writing, and they post refunding bonds. Notice is published for three weeks, and the court can then order distribution without full administration.

Who inherits if there's no will?

Illinois's intestacy law decides (755 ILCS 5/2-1). Illinois is not a community property state.

Who survives	Who inherits
Spouse and descendants	Half to the spouse, half to the descendants
Spouse, no descendants	Everything to the spouse
Descendants, no spouse	Everything to the descendants
No spouse or descendants	Parents, brothers and sisters in equal shares
None of those	Half to each side's grandparents or their descendants, then great-grandparents, then nearest kin
No kin at all	The county or the State

Two things surprise people. A spouse gets only half when there are children, even if they are the spouse's own children. And parents and siblings share equally, rather than parents first. If one parent has died, the surviving parent takes a double share. Half-siblings inherit the same as full siblings.

Notice that friends never appear on this list. If you want a friend, a charity or a favorite neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as executor or administrator?

The executor named in the will serves if qualified. Without a will, or without a qualified executor, the court appoints an administrator in this order of preference (755 ILCS 5/9-3):

The surviving spouse, or someone the spouse nominates.
Beneficiaries under the will, or their nominee, preferring children.
Children, or their nominee.
Grandchildren.
Parents.
Brothers and sisters.
Nearest kindred.
The representative of a deceased ward's estate.
The Public Administrator.
A creditor.

Whoever serves is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone in another state serve? Yes, if they live in the United States. An executor or administrator must be 18 or older, a U.S. resident, of sound mind, and not a convicted felon, with narrow exceptions for a felon named in a will (755 ILCS 5/6-13, 755 ILCS 5/9-1). The court may require a nonresident executor to post bond, even if the will waives it.

What is independent administration?

It is how most Illinois estates are handled. Unless the will forbids it, the court grants independent administration. The executor or administrator then acts without court orders or filings except where required or requested (755 ILCS 5/28-1).

If an interested person objects, supervised administration is generally required, with some exceptions, such as when the will directs independent administration (755 ILCS 5/28-2). Our post on the probate process walks through the steps, and how long probate takes covers timing.

How long do creditors have?

The representative publishes a notice once a week for three weeks and mails notice to known creditors. Creditors have at least six months from the first publication, or three months from the mailing, whichever is later (755 ILCS 5/18-3).

All creditor debts are barred two years after death, whether or not an estate is ever opened (755 ILCS 5/18-12).

How much is the representative paid?

Illinois says "reasonable compensation," with no percentage schedule (755 ILCS 5/27-1). Fees are paid as a first-class administrative expense. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, with a transfer on death instrument (755 ILCS 27/40). It passes your home to the people you choose at your death. The signing rules are strict (755 ILCS 27/45):

It must have the elements of a recordable deed and say the transfer happens at your death.
You sign it before two credible witnesses, and you and the witnesses acknowledge it before a notary.
It must be recorded in the county where the property is, before your death.
Without two credible witnesses, it is void.
A gift to a beneficiary who witnesses it, or whose spouse does, fails unless there are enough other witnesses.

A living trust is the other common way to keep a home out of court. One Illinois trap: a trust is irrevocable unless the document expressly says it is revocable (760 ILCS 3/602). Our post on what a trustee does explains that role, and how to avoid probate compares the options.

Will my heirs owe Illinois estate tax?

Only if the estate is large. Illinois has an estate tax with a $4,000,000 exclusion amount (35 ILCS 405/2). It works as a threshold: if the gross estate plus adjusted taxable gifts is over $4 million, an Illinois return must be filed, even when no federal return is needed.

The Illinois Attorney General, not the Department of Revenue, administers the tax and offers a calculator (Illinois Attorney General fact sheet).

Which path fits?

Situation	Likely path in Illinois
Personal estate $150,000 or less, excluding registered vehicles, no real estate	Small estate affidavit
All Illinois property $100,000 or less, and every heir agrees	Summary administration
Home with a recorded transfer on death instrument	Passes to the beneficiary outside probate
Home in a living trust	Successor trustee transfers it
Larger estate, no disputes	Independent administration
Someone objects	Supervised administration

Here is a typical case, a composite. Eleanor, 77, lived in Evanston and was widowed. She had recorded a transfer on death instrument naming her niece, with two neighbors as witnesses and a notary. Her savings came to under $150,000. Her niece used the small estate affidavit for the accounts, and the house passed under the instrument. There was no court case.

Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Illinois financial power of attorney guide and Illinois medical power of attorney guide.

Common questions

What is the small estate limit in Illinois?

$150,000 in personal property, not counting vehicles registered with the Secretary of State, for deaths on or after August 15, 2025. Earlier deaths use the old $100,000 limit. Real estate can't pass by affidavit.

Is there a waiting period for an Illinois small estate affidavit?

The statute sets none. The affidavit can be used when no court case is open or planned, with the death certificate attached.

Does a surviving spouse inherit everything in Illinois?

Only if there are no descendants. With children or grandchildren, the spouse takes half and the descendants share the other half.

Does Illinois allow transfer-on-death deeds?

Yes, called a transfer on death instrument. It needs two credible witnesses and a notary, and it must be recorded before death in the county where the property is.

Does Illinois have an estate tax?

Yes. Estates whose gross value plus adjusted taxable gifts exceeds $4 million must file an Illinois return with the Attorney General.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Illinois: the rules, signing and who to namePower of attorney in Illinois is durable by default and needs one witness plus a notary, with strict rules on who can witness. Here's how to get it right.State guidesMedical power of attorney in Illinois: how it works, how to signMedical power of attorney in Illinois: sign before one witness, no notary, who can't witness, the living will, and who decides if nobody is named.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.