Illinois · Probate Timeline

Illinois Probate Timeline:
Key Deadlines for Executors

From Circuit Court petition to Order of Distribution — every deadline you need to track as an Illinois Executor under 755 ILCS 5/ (Probate Act of 1975).

Illinois probate follows the 755 ILCS 5/ — Probate Act of 1975, administered through the Circuit Court in the county of the deceased's domicile. Illinois is not a Uniform Probate Code state, but its independent administration option (755 ILCS 5/28) significantly reduces court involvement. The 6-month creditor period runs from the date of death (not first publication) — the longest creditor period among the Midwest states covered in this guide, tied with Missouri. Illinois also imposes a state estate tax on gross estates over $4 million, with Form IL-706 due within 9 months of death. The 60-day Inventory deadline (755 ILCS 5/14-1) is shorter than most states — act promptly after receiving Letters Testamentary.

Critical: Illinois's 6-month creditor period runs from the DATE OF DEATH — not from first publication. Under 755 ILCS 5/18-12, creditors have 6 months from the date of death to file claims, regardless of when you open probate or publish notice. The creditor clock started the day the person died. You cannot close the estate until at least 6 months after death.

Illinois Probate Deadline Table

Deadline Trigger Statutory Reference
File Petition for Probate / Administration (Circuit Court) As soon as documents are gathered; no hard deadline but delays cascade 755 ILCS 5/6-1
Court hearing: admit will and appoint Executor Set by court after petition filed; typically 1–3 weeks out 755 ILCS 5/6-13
Receive Letters Testamentary At or after the opening hearing 755 ILCS 5/6-13
Publish Notice to Claimants
(3 consecutive weeks)		 Promptly after appointment — publication formally starts the claim bar process; creditor period itself runs from date of death 755 ILCS 5/18-3
Notify all heirs and legatees Promptly after appointment — certified mail required 755 ILCS 5/6-10
File Inventory with Circuit Court Within 60 days of appointment — shorter than most states 755 ILCS 5/14-1
Creditor claim deadline 6 months from the DATE OF DEATH — not from publication 755 ILCS 5/18-12
File Illinois Form IL-706 (estate tax) Within 9 months of death — if gross estate exceeds $4,000,000 35 ILCS 405/ (Illinois Estate and Generation-Skipping Transfer Tax Act)
File deceased's final Illinois Form IL-1040 April 15 of the year following death Illinois Department of Revenue (tax.illinois.gov)
File estate Illinois Form IL-1041 (if applicable) April 15 for calendar year estates (if estate earns income) Illinois Department of Revenue (tax.illinois.gov)
Close estate — independent administration After all debts paid, taxes filed, assets distributed — send closing notice to heirs; no court hearing required in most cases 755 ILCS 5/28-11
Close estate — supervised administration File Final Account, attend closing hearing, obtain Order of Distribution 755 ILCS 5/24-1

Phase-by-Phase Summary

Phase 1 — Opening (Month 1): Gather documents, locate the original will, order 8–10 certified death certificates from Illinois DPH (dph.illinois.gov). File Petition to Admit Will to Probate (or Petition for Administration) with the Circuit Court in the county of domicile. Pay $150–$300 filing fee. Request independent administration if authorized by will or consented to by all heirs. Receive scheduled hearing date.

Phase 2 — Opening Hearing (Month 1): Appear before the circuit judge. Receive Order Admitting Will to Probate and Order Appointing Executor. Obtain certified copies of Letters Testamentary — order 10–12. File the Executor's oath. If independent administration is authorized, receive the Order granting it at this hearing.

Phase 3 — Notice (Month 1 — publish immediately): Publish Notice to Claimants in a county newspaper for three consecutive weeks. Mail direct written notice to all known creditors and all heirs and legatees — certified mail with return receipt. Remember: the 6-month creditor period runs from the date of death (§ 18-12) — not from publication. Every day of delay on publication still delays the formal notice process.

Phase 4 — Inventory (Within 60 Days of Appointment): Apply for estate EIN at irs.gov/ein; open estate checking account using EIN and Letters Testamentary. Identify and value all probate assets at date of death. Obtain formal real estate appraisals. Track total gross estate value — if approaching $4 million, begin Form IL-706 preparation. File the Inventory with the Circuit Court within 60 days of appointment (§ 14-1).

Phase 5 — Claims and Taxes (Months 1–9): Wait for 6-month creditor period to expire from date of death. Review and disallow invalid claims. Pay valid claims in priority order. File the deceased's final Illinois Form IL-1040 (April 15) and federal Form 1040 (April 15). File Illinois Form IL-1041 and federal Form 1041 if estate earns income. File Illinois Form IL-706 within 9 months of death if gross estate exceeds $4 million.

Phase 6 — Distribution (After Debts Paid): Distribute assets per will or Illinois intestacy law. Transfer real estate via Executor's Deed at the county recorder of deeds. Obtain signed receipts and releases from each legatee.

Phase 7 — Closing (Month 7+): Under independent administration: send closing notice to all heirs — the estate closes 30 days after notice unless an heir objects (§ 28-11). Under supervised administration: file Final Account, petition for Order of Distribution, attend closing hearing. Close the estate bank account. Retain records for at least 7 years.

Illinois income tax deadlines. Illinois has a flat 4.95% income tax rate, plus 1.5% PPRT on estate income: Illinois Department of Revenue: tax.illinois.gov

Typical Illinois Probate Timeline

Minimum (independent administration): ~7–9 months (6-month creditor period from death + opening hearing, inventory, and closing notice).

Minimum (supervised administration): ~8–10 months (6-month creditor period + opening hearing + closing hearing scheduling).

Typical: 9–14 months for a standard estate with real estate.

Extended: 14–24+ months for estates involving:

The 60-day Inventory deadline is shorter than most states. Many states give 90 days or more to file the Inventory. Illinois requires it within 60 days of appointment (755 ILCS 5/14-1). Start gathering asset information and ordering appraisals immediately after receiving Letters Testamentary — do not wait.
Independent administration saves significant time and cost at closing. Under supervised administration, the closing hearing must be scheduled, noticed, and attended — adding weeks or months to the timeline. Under independent administration (755 ILCS 5/28), the estate closes by sending a closing notice to heirs 30 days before the estate is considered closed — no hearing required in most cases. This is one of the most significant practical differences between Illinois's two probate paths.

Related Illinois Resources

IL Probate Overview → IL Small Estate Affidavit → IL Probate Process →

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