Illinois Probate Timeline and Deadlines (2026)

The Illinois small estate affidavit has no waiting period and a streamlined procedure, and many estates finish in a few weeks.

Small Estate Affidavit Timeline

• Day 0: Affidavit can be signed (no waiting period)
• Weeks 1-2: Send to institutions
• Weeks 2-4: Assets transfer to beneficiaries
• Total: often a few weeks

Key Dates

No waiting period: The small estate affidavit can be used anytime after death if the requirements are met.

Deliver to institutions: Submit the signed affidavit to each bank, brokerage, or other asset holder.

Assets transfer: Institutions typically release assets within 1 to 2 weeks of receiving the affidavit.

Full Probate (If Estate Exceeds $150,000 or Includes Real Property)

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.

• Will: Anyone holding the decedent's will must file it with the circuit court clerk immediately upon death (755 ILCS 5/6-1)
• Filing to appointment: 4 to 8 weeks
• Notice to heirs and legatees: mail the petition and the order to each of them not more than 14 days after the order (755 ILCS 5/6-10(a), 9-5(b))
• Inventory: 60 days after letters issue for supervised administration (755 ILCS 5/14-1); an independent representative sends the inventory to the surety by certified mail within 90 days of letters (28-6(b)) and to interested persons at least 30 days before the closing report (28-6(a)) rather than filing it
• Creditor claims: The claims date in the published notice is at least 6 months after first publication, or 3 months after mailing notice to a known creditor, whichever is later. Claims are barred 2 years after death in any event (755 ILCS 5/18-3 and 18-12)
• Accounting: in supervised administration a verified account is due within 60 days after the first 12 months after letters (755 ILCS 5/24-1); in independent administration the closing report is followed by discharge 42 days later absent objection (755 ILCS 5/28-11(e))
• Accounting and distributions: 4 to 8 months
• Total: typically 6 to 12 months or longer (varies by county)

Use ExecutorBench's free eligibility checker to see which Illinois route usually applies and to track your deadlines.

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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 timelines in your Illinois estate, consult an attorney licensed in Illinois.