How Probate Works After a Death in Illinois

Illinois recently made its small estate process meaningfully more useful, alongside a distinctive separate state estate tax worth understanding for larger estates.

Where is probate filed in Illinois?

Probate is filed in the Circuit Court’s Probate Division in the county where the deceased lived at the time of death.

What is the small estate affidavit threshold?

Illinois allows heirs to collect a decedent’s personal property without opening a formal probate case using a small estate affidavit, available when non-vehicle personal property totals $150,000 or less - a threshold raised from $100,000 effective August 15, 2025 under Public Act 104-0346. Registered vehicles are excluded from this calculation entirely, regardless of value. There’s no waiting period required - the affidavit can be used as soon as it’s needed.

Does the small estate affidavit cover real estate?

No - it cannot be used to transfer real estate, which still requires probate or a separate mechanism such as a transfer-on-death instrument. See our general guide to executor responsibilities for what the role involves under full probate.

Does Illinois have its own estate tax?

Yes - Illinois has its own state estate tax, entirely separate from the federal estate tax - a genuinely important distinction for larger estates. An estate attorney can confirm current exemption amounts, since this figure can be adjusted over time.

What should I do next?

Check the non-vehicle personal property total against the new $150,000 threshold before assuming full probate is necessary - many estates that wouldn’t have qualified before August 2025 now do. If real estate is involved, that will need a separate process regardless of how modest everything else is.

Add this to your Final Day Plan: whether you’d want to set up a transfer-on-death instrument for any real estate you own - it’s a straightforward way to keep that property out of probate, since the small estate affidavit can’t reach it.

Illinois law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult an Illinois-licensed attorney for guidance specific to your situation.