Do You Need Probate in Illinois? (2026)

In Illinois, whether probate is necessary depends on what the decedent owned and how they owned it. Some assets require court probate; others pass directly to beneficiaries.

Assets That Avoid Probate

• Joint accounts
• Payable-on-death (POD) accounts
• Life insurance (unless estate is beneficiary)
• Retirement accounts with named beneficiaries
• Revocable living trust assets
• Jointly held property with right of survivorship
• Transfer-on-death vehicles

Assets That Require Probate

• Bank and investment accounts owned solely
• Real property owned solely
• Vehicles titled in decedent's name only
• Sole business interests
• Personal property with no beneficiary designation

Illinois's Streamlined Option

If the personal property is $150,000 or less (not counting vehicles registered with the Secretary of State), Illinois offers a small estate affidavit. There is no waiting period, and many estates finish in a few weeks. It does not transfer real property.

Learn more in our Illinois small estate affidavit guide.

If Full Probate Is Needed

Illinois courts generally do not allow a non-attorney to represent an estate in a probate case (In re Estate of Mattson, 2019 IL App (1st) 180805), and the Cook County Clerk says you need an attorney to open a probate estate. Illinois also has summary administration for estates worth $100,000 or less including real estate, when all heirs and legatees consent (755 ILCS 5/9-8). Each distributee must post a bond and notice is published before the hearing (755 ILCS 5/9-8). Most Illinois estates are administered as independent administration (755 ILCS 5/28-1), which needs fewer court filings.

Quick Test

1. List all assets
2. Remove those with named beneficiaries or joint owners
3. Add up the remainder
4. If the personal property is $150,000 or less, the small estate affidavit may be available
5. If it is over $150,000, or real property needs to be transferred, you may need a court procedure; confirm with the court or an attorney

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about your Illinois estate, consult an attorney licensed in Illinois.