Settling an estate in Illinois
In Illinois, probate typically takes 6-12 months. Estates under $100,000 can usually use a simpler small-estate process. Illinois has state estate tax and no inheritance tax.
The key numbers
Reviewed January 2026- Typical probate timeline
- 6-12 months
- Small estate limit
- $100,000
- Small estate process
- Small Estate Affidavit for personal property under $100K.
- Deadline to file the will / open probate
- No strict deadline
- State estate tax
- Yes, over $4 million
- Inheritance tax
- No
- Executor pay
- Reasonable compensation. Courts typically allow 2-5% of estate value.
- Community property state
- No
- Homestead protection
- $15,000 homestead exemption
IL estate tax exemption is $4M. Tax rate is graduated up to 16%. Only applies to the amount over $4M.
Deadlines to know
- Estate tax return
- 9 months from death
- Creditor claims period
- 6 months from first publication
- Will contest
- 6 months from admission to probate
Common questions
How long does probate take in Illinois?
Probate in Illinois typically takes 6-12 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.
What is the small estate limit in Illinois?
$100,000. Small Estate Affidavit for personal property under $100K.
Does Illinois have an estate or inheritance tax?
Yes. Illinois has a state estate tax on estates over $4 million. It has no inheritance tax. IL estate tax exemption is $4M. Tax rate is graduated up to 16%. Only applies to the amount over $4M.
How much does an executor get paid in Illinois?
Reasonable compensation. Courts typically allow 2-5% of estate value.
Next steps
Read the full Illinois estate settlement guide, or start with Executor 101.
Get a Illinois checklist with Afterward →Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the Illinois probate court in the county where your loved one lived, or a local estate attorney.