What to Do When Someone Dies in Illinois

When a loved one passes away in Illinois, there are important legal and financial steps to take. Illinois is one of the few states with its own estate tax, and offers a small estate affidavit process for qualifying estates.

Illinois Quick Facts

Small Estate Threshold

$100,000

Probate Timeline

6-12 months

Death Certificate

$19 per copy

Order From

Illinois Department of Public Health

State Estate Tax

Yes

Inheritance Tax

No

Unique to Illinois

Illinois has a state estate tax with a $4 million exemption

Get the death certificate in Illinois

In Illinois, the funeral home files the death certificate with the county clerk and Illinois Department of Public Health. Certified copies cost $19 each ($10 for genealogy copies). Request 10-15 certified copies for banks, insurance companies, and government agencies.

  1. The funeral home files with the county clerk within 7 days
  2. Request certified copies from county clerk ($19 each)
  3. Order from IDPH for statewide records
  4. Allow 4-6 weeks for mail orders

Understand Illinois probate

Illinois probate typically takes 6-12 months. Small estates under $100,000 may qualify for a small estate affidavit (after 30-day waiting period). Illinois has a state estate tax with a $4 million exemption - estates over this amount must file an Illinois estate tax return.

  1. Determine if estate qualifies for small estate affidavit ($100,000 threshold)
  2. Wait 30 days after death before filing small estate affidavit
  3. File probate petition with circuit court in county where deceased lived
  4. If estate exceeds $4 million, file Illinois estate tax return

Handle financial accounts

Gather information about bank accounts, investment accounts, and retirement funds. Contact each financial institution with a certified death certificate. Accounts with named beneficiaries pass outside probate.

  1. List all bank accounts, investments, and retirement funds
  2. Contact each institution with a certified death certificate
  3. Check for beneficiary designations and POD accounts
  4. For small estates, use small estate affidavit with institutions

Frequently asked questions about Illinois estates

Neighboring state guides

Estate laws vary by state. If the deceased owned property in multiple states, you may need to file in each state.

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