Detailed Answer

This article explains how long it typically takes to admit an out-of-state will in Illinois probate and what affects the timing. It uses a simple hypothetical so you can see how the process works in practice. This is educational information only and not legal advice.

How admission of an out-of-state will works in Illinois

When someone dies owning property in Illinois but they lived (or signed their will) in another state, Illinois courts commonly allow the decedent’s will to be admitted to probate here so an executor can manage Illinois property. Illinois follows the Probate Act (see the Illinois Probate Act at the Illinois General Assembly: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60). The local circuit court (probate division) will usually require the original will or an authenticated copy, a death certificate, and proof that the will meets the legal requirements where it was executed.

Typical timeline (uncontested, documents in order)

• Clerk intake and initial review: 1–2 business weeks after filing.
• Service/notice to heirs and interested persons: 2–4 weeks (statutory notice periods vary by county).
• Probate hearing and issuance of Letters (if uncontested): often 4–8 weeks from filing.
• Total time to have a will admitted and an executor authorized (uncontested): commonly 1–2 months; sometimes just a few weeks in straightforward cases.

When it takes longer

Certain factors regularly add time. Expect a longer process if any of these apply:

• No original will: the court may require an authenticated copy, extra proof, or longer notice periods to allow objections.
• Witnesses live out of state or cannot sign affidavits: tracking down witness affidavits or obtaining their depositions or notarized statements adds time.
• Ancillary probate is needed: if the decedent’s primary estate is being probated in another state, Illinois may require an ancillary proceeding for Illinois property—this adds procedural steps and time.
• Contested probate: will contests, claims of undue influence, or questions about capacity force delays—sometimes many months or longer if contested.
• Complex asset issues: real estate title problems, joint-ownership disputes, or creditor claims can extend the timeline.
• Authentication from another country: if the will was executed outside the United States, you may need an apostille or consular authentication and certified translations—this can add weeks to months.

Hypothetical example

Jane Doe died while living in Ohio but owned a rental property in Cook County, Illinois. Family members file the original Ohio will in Cook County Probate Court with a certified copy of the Ohio death certificate. The clerk accepts the filing in one week. The court requires notices to heirs and schedules a short hearing in six weeks. No one contests the will and the court issues Letters of Office at the hearing. Total elapsed time: about six weeks from filing to letters. If the Ohio witnesses lived far away and needed to sign affidavits or the Ohio probate opened first, the process could easily move to 3–4 months.

Practical steps to speed admission of an out-of-state will in Illinois

1. Obtain the original will whenever possible. If the original is in the other state, get a certified copy and any available affidavits from witnesses.
2. Get a certified death certificate from the state where the death occurred.
3. Prepare a short list of heirs, beneficiaries, and known creditors before filing.
4. Contact the local Illinois circuit court probate clerk or use Illinois Courts probate resources (https://www.illinoiscourts.gov/topics/probate/) to learn local filing rules and typical hearing schedules.
5. Consider an Illinois probate attorney if witnesses are out of state, the will is contested, or property titles are complex.

Relevant Illinois authority

The Illinois Probate Act governs probate filings and procedure. See the Illinois General Assembly for the Probate Act: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60. For practical court procedures and forms, check the Illinois Courts probate resource page: https://www.illinoiscourts.gov/topics/probate/.

When to talk to an attorney

If you face missing originals, out-of-state witnesses, probable contests, international documents, or significant Illinois real estate, consult a licensed Illinois probate attorney. An attorney can prepare filings, obtain necessary affidavits or authenticated copies, and reduce procedural delays.

Helpful Hints

• Bring the original will to the Illinois probate court if you have it. Originals make admission much faster.
• Get certified death certificates early; courts require them for filings and many title transfers.
• Ask the probate clerk about local notice periods and hearing timelines before filing.
• If the will was executed abroad, begin the authentication and translation process immediately.
• Keep communications with potential heirs documented—courts look for proper notice and service.
• Ancillary probate for Illinois property may be short if the domiciliary state already issued letters, but you still need to file local paperwork.
• Simple, uncontested admissions are often fast; most delays come from missing documents or disputes.

Disclaimer: This information is educational only and does not constitute legal advice. For advice specific to your situation, contact a licensed Illinois attorney.