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    Illinois guide

    What to do when someone dies in Illinois

    Illinois has a few things that catch families off guard. The state's estate tax kicks in at $4 million, much lower than the federal threshold. The surviving spouse is also entitled to a $20,000 award from the estate on top of any inheritance. Probate runs through Circuit Court.

    Content updated: October 2026

    What's unique in Illinois

    State-specific rules that affect how an estate is handled here.

    Illinois estate tax at $4 million

    Illinois has its own estate tax that kicks in at $4 million — significantly lower than the federal threshold. If the estate is near or above this amount, review with an Illinois estate attorney.

    Spousal award of $20,000

    The surviving spouse is entitled to a $20,000 award from the estate under Illinois law. This is separate from any inheritance and takes priority over other estate claims.

    Circuit Court probate

    Illinois probate runs through Circuit Court in the county where the deceased lived. A small estate affidavit is available for estates under $100,000.

    State income tax and multiple pension systems

    Illinois has a flat state income tax. A final return must be filed. Multiple pension systems operate in Illinois: SURS, TRS, IMRF, and SERS. Identify which applies to claim survivor benefits.

    Recomposition is not yet authorized in Illinois

    Natural organic reduction is not currently authorized in Illinois. Families can arrange it through a provider in a state where it is legal.

    A glimpse at what Order covers in Illinois

    These are just a few of the Illinois-specific tasks Order surfaces automatically when you select your state.

    File for Illinois probate in Circuit CourtLegal & Estate

    Small estate affidavit for personal property under $100,000 — any Illinois real estate triggers formal Circuit Court probate regardless of value. File in the county where the deceased lived.

    Claim the Illinois spousal award ($20,000)Legal & Estate

    The surviving spouse is entitled to a $20,000 award from the estate, paid before most creditors. It doesn't appear in the will and must be actively applied for through the probate court — families who don't know about it miss it.

    Review Illinois estate tax obligationsFinancial Affairs

    Illinois estate tax kicks in at $4 million — one of the lowest thresholds in the country. File a separate IL return with the Dept. of Revenue; this is distinct from the federal estate tax return.

    Plus dozens more tasks across all 8 categories: funeral arrangements, digital accounts, dependents, and more.

    Official resources for Illinois

    Illinois CourtsFile probate in the county Circuit Court and obtain letters testamentaryIllinois Department of RevenueFile the state estate tax return and final state income tax returnIllinois Secretary of State (vehicle titles)Transfer vehicle titles to heirs through the Secretary of StateIllinois State Retirement Systems (SRS)Notify the pension and apply for any survivor benefit for public employeesIllinois Dept. of Veterans AffairsAccess IDVA field service offices for VA claims and state survivor benefits; apply for burial eligibility at Abraham Lincoln National Cemetery (Elwood), Camp Butler (Springfield), or Rock Island National Cemetery

    What families commonly miss in Illinois

    • Many Illinois families assume that if no federal estate tax applies, they have no state tax obligation — but Illinois has its own estate tax with a lower threshold, and families who only file federally can miss the state return entirely, resulting in penalties.
    • Illinois's spousal award of $20,000 doesn't arrive automatically — it must be applied for through the probate court, and families who aren't aware it exists simply don't claim it.
    • Many Illinois families with small estates reach for the affidavit process to move quickly — and are caught off guard when they learn the affidavit only covers personal property, and any real estate triggers formal Circuit Court probate regardless of value.

    Deeper reading

    Probate: what families need to know

    Probate rules vary significantly by state. Our full guide explains the process, timelines, and how to avoid common delays in Illinois.

    Military families in Illinois

    Illinois has additional veteran & survivor benefits

    • Apply for Illinois Disabled Veterans' Homestead Exemption (surviving spouse)
    • Contact Illinois Department of Veterans' Affairs

    Illinois-specific

    Start these Illinois-specific tasks in Order

    These tasks appear automatically in your checklist when you select Illinois as your state.

    File for Illinois probate in Circuit CourtLegal & Estate

    File in Circuit Court.

    Review Illinois spousal award rightsLegal & Estate

    Surviving spouse entitled to $20,000 award

    Transfer vehicle at Illinois Secretary of StateLegal & Estate

    Use VSD 190 form for title transfer

    Plus dozens more tasks added automatically for Illinois families.

    Order walks your family through every step, for Illinois and beyond.

    One-time purchase. Lifetime access. Unlimited family members. Everything your family needs, organized in one place.

    Covers all 50 states + DC · Jurisdiction-specific tasks added automatically

    See guides for other states

    Browse all 51 state guides Full guide: what to do when someone dies Back to home