Dying without a will in Illinois: intestate succession & what happens
With no will, the Illinois Probate Act sets who inherits, and the court appoints an administrator. A small estate can still use the affidavit; a larger one is opened with an attorney. Kindred handles the administration in both cases.
- With no will, the Illinois Probate Act sets who inherits, and the court appoints an administrator. A small estate can still use the affidavit; a larger one is opened with an attorney. Kindred handles the administration in both cases.
- Illinois requires an attorney for formal probate — Kindred handles the administration and coordinates a fixed-price attorney.
- The court appoints an administrator (instead of an executor) when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
What is the small estate affidavit limit in Illinois?
$150,000, as of August 15, 2025 — raised from the old $100,000 limit (many pages online still show the old number). Vehicles are excluded from the count. If the estate fits and the heirs agree, you can transfer personal property with the affidavit instead of opening a probate case. Real property in the decedent's name alone generally still needs probate.
Do I need a lawyer for probate in Illinois?
For a formal estate opened in the circuit court, generally yes — the representative acts on behalf of the estate and is expected to act through a licensed attorney. For a small estate under the $150,000 affidavit limit, no court case and no attorney filing is needed. Kindred handles the administration and coordinates an attorney only where a formal estate requires one. Kindred is not a law firm.
How long does probate take in Illinois?
A formal probate usually runs 9 to 14 months because creditors get 6 months to file claims after notice is published. A small-estate affidavit avoids the court timeline entirely and can transfer assets in days.
Last verified June 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
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