To get Letters of Office in Illinois, file a probate petition with the circuit court in the county where the deceased person lived, attend a short hearing, post any required bond, and the Clerk of the Court will issue Letters of Office bearing the court’s seal. Banks, brokerage firms, title companies, and government agencies will ask for those Letters (usually a certified copy) before they release funds or transfer property into your control as executor or administrator.
Before you start, it’s worth checking whether you need Letters at all.
When You Can Skip the Process
Illinois lets you transfer a deceased person’s personal property with a small estate affidavit when the total value of tangible and intangible personal property (not counting vehicles registered with the Secretary of State) is $150,000 or less, and no Letters of Office have been issued or applied for in Illinois or any other state.1Illinois General Assembly. Illinois Code 755 ILCS 5/25-1 – Payment or Delivery of Small Estate of Decedent Upon Affidavit
The affidavit handles bank accounts and personal belongings, and a separate provision covers motor vehicles regardless of estate value. It does not transfer real estate. If the deceased owned a house or land in Illinois, you need Letters of Office even when the rest of the estate is modest.
Who Is Eligible to Serve
Whether you’re named in a will (executor) or applying without one (administrator), Illinois asks the same baseline: at least 18, a U.S. resident, mentally competent, and not a convicted felon.2Illinois General Assembly. Illinois Code 755 ILCS 5/6-13 – Who May Act as Executor For administrators, the felony bar has no exceptions.3Illinois General Assembly. Illinois Code 755 ILCS 5/9-1 – Who May Act as Administrator
For executors, there is one narrow opening: a person with a felony conviction can still serve if the testator specifically named that person in the will and expressly acknowledged the felony. Anyone previously convicted of financial exploitation of an elderly person, financial identity theft, or a similar offense in any jurisdiction is permanently disqualified.2Illinois General Assembly. Illinois Code 755 ILCS 5/6-13 – Who May Act as Executor
You don’t have to live in Illinois. Out-of-state representatives may be required to appoint a resident agent for legal notices, and the court may set a higher bond.
Priority When There Is No Will
If the deceased died without a will, Illinois law puts eligible people in this order:
- Surviving spouse, or a person the spouse nominates
- Legatees, with preference to children
- Children, or their nominee
- Grandchildren, or their nominee
- Parents, or their nominee
- Siblings, or their nominee
- Nearest other relatives, or their nominee
- Public Administrator
- A creditor of the estate
When two or more people share the same priority level and both want to serve, the court can appoint one or issue co-administrator Letters.4Illinois General Assembly. Illinois Code 755 ILCS 5/9-3 – Persons Entitled to Preference in Obtaining Letters
Gather Information Before You File
The petition must include the deceased person’s name and last address, the date and place of death, the approximate value of real and personal property in Illinois, and the names and mailing addresses of all heirs and legatees, along with whether any of them is a minor or a person with a disability.5Illinois General Assembly. Illinois Code 755 ILCS 5/6-2 – Petition to Admit Will or to Issue Letters
Get realistic asset values early. Ask each bank and brokerage for date-of-death balances. Real estate usually needs at least a comparative market analysis. Businesses, antiques, or collections may require a professional appraisal. These values also drive the size of any bond you’ll need.
Pick the Right Petition
Download the standardized forms from the circuit clerk’s website for the county where the deceased lived. Which one you use depends on the will:
- If there is a will, file a Petition for Probate of Will and for Letters Testamentary.
- If there is no will, file a Petition for Letters of Administration.
Where a will exists, you’ll also give its date and state your belief that it is the valid last will of the deceased.
Oath and Bond
Every representative takes an oath to faithfully carry out the duties of the office and files a bond approved by the court.6Illinois General Assembly. Illinois Code 755 ILCS 5/12-2 – Individual Representative Oath and Bond Most wills waive the surety bond, leaving you to sign a personal (non-surety) bond. If there is no will, or the will doesn’t waive surety, you’ll buy a surety bond from an insurance company; the premium is typically a small percentage of the estate’s total value.
Choose Independent or Supervised Administration
This choice sits inside the petition, and it shapes how much you’ll deal with the judge over the course of the estate. Illinois defaults to independent administration. Unless the will forbids it or an interested person objects, the court grants independent administration automatically when the petition doesn’t ask for supervised administration.7Illinois General Assembly. Illinois Code 755 ILCS 5/28-2 – Order for Independent Administration
Independent administration lets you sell property, pay debts, and distribute assets without asking the judge for approval at every step. Supervised administration requires court approval for most significant actions. If an interested party objects and the will is silent, the court will order supervised administration; if the will directs independent administration, the objector must show good cause to override it.
Your Letters will state that you’re serving as an “independent executor” or “independent administrator,” and you’ll be required to mail heirs and legatees an explanation of their rights, including a form they can use to petition to terminate independent administration.7Illinois General Assembly. Illinois Code 755 ILCS 5/28-2 – Order for Independent Administration
File Through eFileIL and Attend the Hearing
Documents in Illinois civil cases must be filed electronically through Odyssey eFileIL, which is mandatory in every circuit court.8eFileIL. eFileIL Court E-Filing Solution for Illinois The Illinois Courts self-help pages walk you through the system if you haven’t used it before.9State of Illinois Office of the Illinois Courts. How to e-File in Odyssey eFileIL
Filing fees vary by county. Cook County charges $379 for a probate filing; smaller counties may charge less. Plan on roughly $250 to $400, with some counties adding appearance or automation fees. Confirm the current figure on your circuit clerk’s website before filing.
The system schedules an initial appearance, sometimes called the motion call or probate call. The hearing is usually brief. The judge reviews the petition, confirms the will’s validity if there is one, verifies that the proposed representative qualifies, and checks the paperwork. If it all lines up, the judge signs an Order Admitting the Will to Probate (if there’s a will) or an Order Declaring Heirship (if there isn’t), along with an Order Appointing the Representative.
Receiving the Letters and Ordering Copies
You won’t leave court with Letters in hand. The Clerk’s office processes the signed appointment order, confirms that any bond has been posted, and then issues the Letters of Office with the court seal and the Clerk’s signature.
Order several certified copies at once. Banks, brokerage firms, title companies, and government agencies almost always want an original or certified copy, and each one keeps the copy you hand over. Certified copies typically run between $2 and $10 depending on the county, and having five or six in your file saves return trips to the clerk.
What to Do Right After Receiving Letters
Several obligations start running as soon as you’re appointed.
Get an EIN for the Estate
The estate needs its own tax identification number, separate from the deceased person’s Social Security number. Apply for an Employer Identification Number using IRS Form SS-4; you can do it online at IRS.gov for free.10Internal Revenue Service. Information for Executors You’ll need the EIN to open the estate bank account, file tax returns, and handle most financial transactions.
Publish and Mail Notice to Creditors
Illinois requires you to publish notice to creditors once a week for three consecutive weeks in a newspaper published in the county where the estate is being administered. The notice must include the deceased person’s name, your name and address as representative, your attorney’s name and address, and a claims deadline that is at least six months after the first publication. You must also mail or deliver a separate notice to every creditor whose name and address you know or can reasonably ascertain; those creditors get at least three months from the date of mailing. Claims filed after the applicable deadline are barred.11Illinois General Assembly. Illinois Code 755 ILCS 5/18-3 – Notice Publication
File the proof of publication with the clerk. Skipping or fumbling the creditor notice is one of the more common Illinois probate mistakes and can leave you personally liable for claims you should have barred.
Notify Government Agencies
Notify the Social Security Administration of the death as soon as possible. In most cases the funeral director will do this if you provide the deceased person’s Social Security number.12Social Security Administration. What Should I Do When Someone Dies? If the deceased received VA benefits or had property held at a VA facility, notify the facility so those funds and effects can be released to you as the appointed representative when you present your Letters.13eCFR. Title 38 Chapter I Part 12 – Disposition of Veterans Personal Funds and Effects
Know the Tax Filings That May Apply
Two systems can be in play. Federally, estates with gross income of $600 or more during the tax year must file Form 1041, the fiduciary income tax return.14Internal Revenue Service. 2025 Instructions for Form 1041 A federal estate tax return (Form 706) is required only if the estate’s total value exceeds $15,000,000.15Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 Illinois has its own estate tax with a much lower exemption of $4,000,000, so estates that owe nothing federally can still owe Illinois tax.16Illinois Attorney General. Important Notice Regarding Illinois Estate Tax and Fact Sheet The Illinois calculation is interrelated rather than a flat rate, so any estate near or above the $4 million line should work with a tax professional.