Governing Law

The Illinois Probate Act of 1975 provides definitions and regulations for settling estates.

Definition

"Settling an estate" involves three activities: gathering the deceased person's assets, paying unpaid bills and distributing the remaining assets.

Small Estates

Illinois considers an estate with no land and less than $100,000 in assets a small estate. The estate administrator completes an affidavit that summarizes the estate and explains how the assets will be distributed. The affidavit must be notarized, but no probate court filing is required.

Limited Supervision

The estate administrator may file a final accounting with the probate court after handling the details of settling the estate. The judge reviews and approves the accounting but is not otherwise involved in the case.

Full Supervision

Full supervision is required in some circumstances; for example, when the estate is involved in a lawsuit or the interests of minors require protection. The estate administrator must provide the judge with complete information about the estate. The judge follows court procedures to evaluate the claims against the estate and orders appropriate distribution of the assets.

Source:

Illinois Legal Aid: How Do I Settle an Estate After Someone Dies?

Illinois Compiled Statutes, 755 ILCS 5/

Clerk of the Circuit Court, Cook County

Resource:

Illinois Legal Aid