Deadlines And Timelines In Illinois Probate

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

 

 

 

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.

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