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

For estates under $150,000 with no real property, Illinois offers the small estate affidavit. No waiting period, no court, typically closes in 2 to 4 weeks.

Learn more in our Illinois small estate affidavit guide.

Quick Test

1. List all assets
2. Remove those with named beneficiaries or joint owners
3. Add up the remainder
4. If under $150,000 and no real property, small estate affidavit applies
5. If over $150,000 or includes real property, full probate is necessary

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about your Illinois estate, consult an attorney licensed in Illinois.