What to Do When Someone Dies in Illinois
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
Illinois probate is handled through the Circuit Court's Probate Division in the county where the deceased lived, and the state offers a small estate affidavit process for qualifying smaller estates. Illinois also has its own separate state estate tax, distinct from any federal estate tax, which matters for larger estates.
Illinois has its own probate structure and a separate state estate tax worth understanding, particularly for larger estates.
Death certificates
Certified death certificates in Illinois are issued through the Illinois Department of Public Health Division of Vital Records. The funeral home typically handles ordering these on your behalf.
Where probate happens
Illinois probate is handled through the Circuit Court’s Probate Division in the county where the deceased lived. Cook County (Chicago), given its size, has its own dedicated Probate Division with specific local procedures.
Small estate affidavit
Illinois offers a small estate affidavit process for qualifying estates below a specific value threshold, allowing assets to be collected and distributed without full formal probate administration. An attorney can confirm whether a specific estate qualifies, since the threshold is periodically adjusted.
Illinois’s separate state estate tax
Illinois has its own state estate tax, entirely separate from any federal estate tax. Notably, Illinois’s exemption amount is generally lower than the federal exemption — meaning some estates that owe no federal estate tax may still owe Illinois estate tax. This is a genuinely important distinction worth discussing directly with an estate attorney for larger estates, rather than assuming federal exemption rules automatically apply at the state level.
Where to get help
- Illinois Department of Public Health for death certificate questions
- The county Circuit Court Probate Division for probate process questions
- Illinois State Bar Association for attorney referrals, including probate and estate specialists
Illinois law can change, and specific tax exemptions and thresholds are adjusted periodically. This is general educational information, not legal or tax advice — please consult an Illinois-licensed attorney for guidance specific to your situation.
Frequently asked questions
How do I get a death certificate in Illinois?+
The funeral home typically orders certified copies through the Illinois Department of Public Health Division of Vital Records on your behalf, as part of their standard process.
Where does probate happen in Illinois?+
Through the Circuit Court's Probate Division in the county where the deceased lived — Cook County (Chicago) has its own dedicated Probate Division given its size.
Is there a simplified process for small estates in Illinois?+
Yes — Illinois offers a small estate affidavit process for qualifying estates below a specific value threshold, allowing assets to be collected without full probate administration. An attorney can confirm whether a specific estate qualifies.
Does Illinois have its own estate tax?+
Yes — Illinois has a separate state estate tax, distinct from any federal estate tax, with its own exemption amount that's generally lower than the federal exemption, meaning some estates that owe no federal estate tax may still owe Illinois estate tax. This is worth discussing with an estate attorney for larger estates.
Sources
Related glossary terms
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