How Long Probate Takes in Illinois
Illinois does not give probate one standard length. It sets clocks for each step instead. The claims deadline in the creditor notice must be at least six months after the notice is first published (755 ILCS 5/18-3), so six months is the shortest creditor window in an estate that publishes one. Everything else depends on the estate.
Why there is no single answer
People ask this question first, and it is fair. The honest reply is that the statutes list deadlines and do not list a typical timeline. A bank account and a car may be a short job. An estate with a rental building, a business, an unhappy heir or a large creditor claim is a different job. This page shows you the clocks the law sets, so you can see which ones apply to you.
The creditor clock
The person in charge of the estate must run a notice in a newspaper once a week for three weeks in the county where the estate is open. Known creditors get the notice by mail or delivery. The notice has to state a date by which claims must be filed. The statute says that date is not less than six months from the first publication, or three months from the date of mailing or delivery, whichever is later (5/18-3).
If a creditor misses the date, the claim is barred as to all of the estate (5/18-12(a)). There is also an outer limit. Unless a claim was barred sooner, it is barred two years after the death, whether or not letters of office were ever issued (5/18-12(b)). The statute adds one carve out: it does not bar actions to establish the decedent's liability to the extent the estate is protected by liability insurance (5/18-12(c)).
The other clocks
| Step | Clock | Section |
|---|---|---|
| Executor files the will or declines | 30 days after learning of the role | 5/6-3 |
| Mail the petition and order to heirs and legatees | 14 days after the order | 5/6-10 |
| File the inventory | 60 days after letters issue | 5/14-1 |
| Challenge the admission of a will | 6 months after admission | 5/8-1 |
| Ask for formal proof of the will | 42 days after the order admitting the will | 5/6-21 |
| First accounting | 60 days after the first 12 months | 5/24-1 |
The first accounting can be excused if every interested person signs a written consent and the court agrees. Without that, the date applies even if the estate is nearly done.
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What can add time
- A will contest. Any interested person has six months from admission to challenge the will. If that happens, the case stops being routine. See contesting a will.
- Heirs nobody can find. If the petition does not list an heir's name or address, the representative must publish a notice once a week for three weeks (5/6-10).
- Disputed claims. A claim can be allowed or disallowed, and a creditor who gets a notice of disallowance has a date by which to file the claim with the court (5/18-12(a)).
- Real estate. The representative takes possession of the decedent's real estate during administration, pays the taxes and liens, and keeps the property in repair (5/20-1). A sale, a rental or a repair job adds steps.
- Supervised administration. If an interested person objects to independent administration, the court generally requires supervised administration, with exceptions the statute lists (5/28-2(b)).
Count the dates for your estate
Write down three dates when the estate opens: the date the court admitted the will, the date letters of office issued, and the date the creditor notice first ran in the paper. From those three you can count every clock in the table above. The will challenge window runs from the first date. The inventory and first accounting clocks run from the second. The claims date runs from the third. Keep the list where everyone in the family can see it, so nobody has to guess what comes next.
How to keep an estate moving
You cannot shorten a statutory clock, but you can avoid adding days. File the will with the clerk right after the death. Gather the death certificate, the will and a list of accounts before you meet with a lawyer. Publish the creditor notice early, because the six month date counts from first publication. Answer heirs' questions in writing. If the estate is small enough, the small estate affidavit skips the court case altogether.
For the steps in order, see the probate overview. For who does what, see executor duties.
Sources
- 755 ILCS 5/18-3 and 5/18-12, Claims against estates, Illinois General Assembly
- 755 ILCS 5/6-3, 6-10 and 6-21, Illinois General Assembly
- 755 ILCS 5/8-1, Contest of admission of will, Illinois General Assembly
- 755 ILCS 5/14-1, Inventory, Illinois General Assembly
- 755 ILCS 5/24-1, Duty to account, Illinois General Assembly
- 755 ILCS 5/28-2, Independent administration, Illinois General Assembly
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about how long probate takes
Short answers first. Jeff McCarthy reviews every answer on this page.
The law does not set a shortest or longest total length. The creditor notice sets the claims date at no less than six months after first publication, or three months after mailing, whichever is later (5/18-3). An estate that has published that notice has at least that window.
At least the date stated in the notice, and that date cannot be less than six months from the first publication. A creditor with no notice is cut off two years after the death in any event (5/18-12(b)).
It can. A petition to contest the will can be filed within six months after the will is admitted (5/8-1). Once filed, the court hears the dispute, and the representative has a duty to defend the will.
Within 60 days after 12 months from the date letters of office were issued, or later if the court allows. If all interested people consent in writing, the court may excuse it (5/24-1).
It skips the court case. No letters of office can be outstanding or planned, and the personal property must fit the $150,000 limit. Debts still have to be paid before heirs receive anything.
No. The six months is a minimum written into the statute. You can speed up the start by publishing the notice early.
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