How to Apply for Probate (IL)

Updated Mar 3, 2025

Show Table of Contents Applying for probate

One of the early steps in settling most estates is to apply for "probate" (i.e., ask the court for permission to legally represent and administer the estate, ultimately distributing its contents to the rightful recipients).

For non-lawyers, this step is commonly the most daunting of the entire settlement process: for one thing, it occurs at the beginning, when you are just figuring things out, and for another, instructions and rules can be scattered all over the place.

Don't worry: we'll make everything understandable, and give you the estate-specific guidance you need.

Types of Probate

Almost every state offers multiple types of probate, ranging from simplified processes for small estates, to formal, closely supervised probate for complex or problematic estates, to standard probate for typical estates (with a number of states offering even further variations).

Small: In most states, the small estate process actually bypasses court entirely, and is thus not technically "probate" at all (see small estate process for IL rules and instructions).
Formal: If you need a formal, closely supervised variant of probate, it likely means that there is conflict expected, and thus you should almost certainly retain a lawyer, who can handle preparing your application.
Standard: The most common form of probate in IL is known as "independent" probate, and is the focus of the application instructions below.

IL Application Process

There are several steps you must take to obtain the court's permission to represent and manage an IL estate.

Probate Application: In Illinois, if the estate will go through probate, start by submitting to the court a petition requesting independent administration: see application details ↧
- Illinois does not provide statewide forms, but here are sample forms from Cook County (and see IL Forms): Petition for Probate (if there is a will), Petition for Probate with Will Annexed (if there is a will but you are not named as an executor), Petition for Administration (if there is no will).
- If there is no will, or the will does not name you as first choice among executors (still living), it will be helpful to attach Declination of Office (this form is for Cook County) from each person with equal or higher executor priority than yours.
- If there is a will, but you do not have a "self-proving affidavit" signed by the witnesses to the will, it may simplify the process if you can attach an affidavit signed by as many witnesses to the original will as possible, attesting to the fact that they were present when the decedent signed the will, they signed the will, and that everyone was of sound mind and not under any duress (see 755 ILCS 5/6-4).
- If you do not reside in IL, include a Designation of Resident Agent as per Task: Out-of-state executor.
- Attach an official copy of the death certificate and the original will (if there is one).
Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

If you'd like, friendly and experienced EstateExec personnel can fill out your probate application forms for you: see Probate Form Service. If you just want answers to a few legal questions, you can talk to an experienced lawyer for a surprisingly modest fee – see Have a Question?

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

In Illinois, the Circuit Court handles wills and estate probate. Use the IL Court Finder to locate the Circuit Court for the decedent's county of residence.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in IL for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.