Disclaimer: This article provides general legal information under Illinois law and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
When you open or transfer a decedent’s estate in Illinois, you must file in the correct county (venue). Illinois’ Probate Act outlines venue rules at 755 ILCS 5/19-1 et seq.
1. Probate of a Decedent’s Estate
Under 755 ILCS 5/19-1, you file for probate in the county where the decedent was domiciled at death. If the decedent was not domiciled in Illinois or you cannot prove domicile, file in the county where any of the decedent’s property is located, per 755 ILCS 5/19-2. If the decedent owned real estate in multiple counties, you may open probate in any one of those counties under 755 ILCS 5/19-3.
2. Ancillary Administration
If the decedent was not domiciled in Illinois but owned real estate here, you must open an ancillary estate in the county where that property sits. Similarly, Illinois domiciliaries who own property out of state require ancillary administration in the other jurisdiction.
3. Small Estate Affidavit
When personal property totals $100,000 or less, Illinois allows a small estate affidavit under 755 ILCS 5/24-1. You file the affidavit in the county of the decedent’s domicile or where assets are located. This process avoids formal probate and expedites asset transfer.
Helpful Hints
- Confirm the decedent’s last residence to determine primary venue.
- Inventory property and note locations to select the correct county.
- Review county court rules for local filing requirements and fees.
- Use official Illinois Supreme Court-approved forms for probate and small estate transfers.
- File promptly to avoid delays and protect estate assets.
- Consult an Illinois probate attorney if you have multi-state assets or complex estate issues.