What Are the Deadlines And Timelines In Illinois Probate?
Key deadlines and timelines in Illinois probate include:
- Filing of will: Immediately upon death
- Will contest: Within 6 months after admission to probate
- Filing of creditor claim: 3 months, 6 months, or 2 years
- Inventory: Within 60 days after issuance of letters
- Renunciation of will by surviving spouse: Within 7 months after admission of will
For a downloadable pdf of the Illinois probate deadlines and timelines, click Illinois Probate Deadlines and Timelines.
TYPE OF FILING/ACTION | DEADLINES | AUTHORITY |
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Written notice – posthumous child | Within 6 months of issuance of death certificate | 755 ILCS 5/2-3(b) |
Petition alleging parent neglecting child | Within 6 months after date of death of minor or dependent child | 755 ILCS 5/2-6.5 |
Recording of certified copy of determination – parent neglecting child | Within 6 months of date of determination of parent neglecting child | 755 ILCS 5/2-6.5 |
Renunciation of will by spouse | Within 7 months after admission of will OR within time allowed by court if petition filed by spouse regarding pending litigation | 755 ILCS 5/2-8 |
Action challenging transfer instrument | Within 2 years of date of death of transferor | 755 ILCS 5/4a-10 |
Filing of will | Immediately upon death | 755 ILCS 5/6-1(a) |
Named executor present will for probate or refusal to act | Within 30 days after acquires knowledge named as executor | 755 ILCS 5/6-3(a) |
Probate of will- no petition filed | After 30 days of death of testator | 755 ILCS 5/6-3(b) |
Notice of petition to admit will and order | Not more than 14 days after entry of order admitting or denying admission of will | 755 ILCS 5/6-10(a) |
Publication of notice | First publication not more than 14 days after entry of order | 755 ILCS 5/6-10(a) |
Mailing of Petition to admit will to probate on presumption of death of testator and publication of notice | Not less than 30 days before hearing on the petition | 755 ILCS 5/6-20(b) |
Petition to require formal proof of will | Within 42 days after effective date of original order admitting will to probate | 755 ILCS 5/6-21 |
Will contest | Within 6 months after admission to probate | 755 ILCS 5/8-1 |
Contest of denial of admission of will to probate | Within 6 months after entry of order denying admission to probate | 755 ILCS 5/8-2 |
Notice – petition to issue letters | Not less than 30 days before hearing | 755 ILCS 5/9-5(a) |
Mailing/publication of order directing original letters issued to administrator | Not more than 14 days after entry of order | 755 ILCS 5/9-5(b) |
Notice – petition to issue letters on presumption of death | Not less than 30 days before hearing | 755 ILCS 5/9-6(a) |
Petition for revocation of letters and issuance of new letters | Within 3 months after issuance of letters, by person entitled to administer or nominate | 755 ILCS 5/9-7 |
Notice of petition to revoke letters and issue of new letters – preference | At least 10 days notice of hearing | 755 ILCS 5/9-7 |
Civil action against distributee for failure to refund | After 60 days of order to refund and upon demand | 755 ILCS 5/9-8(f)(summary) and 755 ILCS 5/24-4 |
Notice – summary administration | First publication at least 30 days prior to hearing | 755 ILCS 5/9-8(g) |
Notice – letter sought for estate of a missing person | First publication not less than 30 days before hearing; mailing to missing person not less than 20 days before hearing | 755 ILCS 5/10-3 |
Notice – order entered appointing administrator for estate of missing person | First publication not less than 30 days before designated date; mailing to missing person not less than 20 days before designated date | 755 ILCS 5/10-3 |
Inventory | Within 60 days after the issuance of letters | 755 ILCS 5/14-1(a) |
Supplemental inventory | Within 60 days after any real or personal estate comes to knowledge of the representative | 755 ILCS 5/14-1(a) |
Spouse’s and child’s award – notice of financial dependence on decedent | Within 30 days of spouse or adult child receiving written notice of potential award | 755 ILCS 5/15-1 and 755 ILCS 5/15-2 |
Spouse’s and child’s award – selection | Within 30 days after notified in writing of allowance of award | 755 ILCS 5/15-4 |
Service – Citation on behalf of estate upon filing of petition therefore | At least 10 days before return day in citation; if personal representative not respondent, notice at least 5 days before return day | 755 ILCS 5/16-1 |
Claims – Mailing or delivering copy of claim and filing proof of same | Within 10 days after claimant files claim | 755 ILCS 5/18-1 |
Filing of claims | Not less than 6 months from date of first publication or 3 months from date of mailing or delivery, whichever is later; all claims barred 2 years after death | 755 ILCS 5/18-3 and 755 ILCS 5/18-12 |
Claims – Filing of pleadings by representative or any person whose rights may be affected by allowance of claim | Within 30 days after mailing or delivery of claim | 755 ILCS 5/18-5 |
Claims – notice of claim of representative or his attorney | Within 10 days of filing | 755 ILCS 5/18-8 |
Disallowance of claims not filed with the court | Not less than 2 months from date of notice | 755 ILCS 5/18-11 |
Authority to continue decedent’s unincorporated business | For one month following issuance of letters | 755 ILCS 5/19-6 |
Claim for desperate personal estate | Filed within 1 year from date of order transferring sums realized to county treasurer | 755 ILCS 5/19-11 |
Notice of hearing on petition for lease of real estate | At least 5 days prior to hearing | 755 ILCS 5/20-2 |
Execute and deliver deed of conveyance upon sale from estate | Within 30 days after court approves report of sale | 755 ILCS 5/20-10 |
Payment or delivery of personal estate to nonresident representative | No sooner than 30 days after decedent’s death | 755 ILCS 5/22-1 |
Distribution of estate | Within 2 years after issuance of letters – interest accrues on amount not distributed after 2 years | 755 ILCS 5/24-10 |
Account | Within 60 days after expiration of 12 months after issuance of letters | 755 ILCS 5/24-1 |
Issuance of letters to guardian of deceased ward | After 30 days from death, unless petition theretofore presented | 755 ILCS 5/24-19(b) |
Petition for fees by withdrawn attorney | Within 30 days after withdrawal approved by court | 755 ILCS 5/27-2 |
Service of inventory – independent representative | Not less than 30 days prior to filing of verified report required by section 28-11 | 755 ILCS 5/28-6(a) |
Provide copy of inventory to surety on bond – independent administration | Within 90 days after issuance of letters | 755 ILCS 5/28-6(b) |
Notice of verified report of independent representative | Within 14 days after filing report | 755 ILCS 5/28-11(e) |
Objection to verified report of independent representative | Within 42 days after filing report | 755 ILCS 5/28-11(e) |
Download the pdf: Illinois Probate Deadlines and Timelines.
The Illinois Probate Act of 1975 can be accessed here.