Detailed Answer — Documents needed to apply for probate appointment and to take the oath in Illinois
Short answer: To start probate in Illinois and obtain appointment (letters of office) you generally must file a petition with the county probate court and submit a set of supporting documents. At minimum those documents usually include the original will (if there is one), the decedent’s death certificate, a petition for appointment (petition for probate or petition for letters of office), proofs of notice to interested parties, any waiver or renunciation forms signed by beneficiaries or nominated fiduciaries, and either a bond or a valid waiver/authorization to dispense with bond. After the court grants appointment, the appointed personal representative signs or takes the oath (administered in court or before an authorized official) and then you receive letters of office.
What you will normally file at the start of probate
- Petition for Probate / Petition for Letters of Office: This asks the court to admit a will and appoint a personal representative (executor/administrator). It identifies the decedent, the nominated representative, heirs, beneficiaries, and the estate’s assets and debts.
- Original Last Will and Testament (if any): The court prefers the original will. If the original cannot be produced, you must explain why and the court may allow a copy with supporting proof of the original’s loss or destruction.
- Certified Death Certificate: A certified copy of the death certificate is normally required when filing the petition.
- Notices / Proofs of Service: Illinois law requires notice to certain interested persons (heirs, beneficiaries, devisees, creditors in some cases). You will file proofs showing those notices were served per court rules.
- Waivers / Renunciations / Consents: If a nominated executor renounces appointment, that signed renunciation should be filed. If all interested parties sign written waivers of notice or consent to the nominated representative and to appointment without bond, file those documents to speed the process.
- Bond or Bond Waiver: The Probate Act and local rules require a fiduciary bond unless the will or interested parties waive bond. You must either file the bond (and surety) or file written waivers/authorization to dispense with bond by the persons entitled to require it.
- Identification and Acceptance of Appointment / Oath form: The appointed representative signs an acceptance and is required to take an oath to faithfully perform duties. The court will provide the oath or an authorized official will administer it; you may need to file a signed acceptance and any court form showing the oath was taken.
- Filing fee and required forms: Each circuit has filing fees and local forms. Bring payment and complete the court’s required cover sheets and information forms.
What happens after you file
After you file the petition and supporting materials, the court clerk will set a hearing (unless the matter may be handled administratively under local practice). The clerk or court will direct you which persons must be served notice. At the hearing the court will review the petition, verify the will (if any) and the qualifications of the proposed personal representative, address any objections, and if all is in order enter an order of appointment. The appointed personal representative will then take the statutory oath and either the clerk or the judge will issue letters of office (also called letters of appointment or letters testamentary/administration). Those letters give the representative authority to manage estate assets and deal with third parties.
Statutes and official references
The Illinois Probate Act governs appointment, duties, bond, and many probate procedures. The full text of the Probate Act can be read at the Illinois General Assembly website: 755 ILCS 5 — Probate Act of 1975. For specific local forms and filing requirements consult the probate division of the Circuit Court in the county where the decedent lived. The Illinois Courts maintain probate information and approved statewide forms; search the site for your county’s probate forms and fee schedule.
Differences when there is no will (intestate) vs. with a will (testate)
- Testate (with a will): File the original will with the petition, the nominated executor is usually appointed unless unqualified or renounces.
- Intestate (no will): A petition for appointment of an administrator is filed; the court appoints an administrator (often an heir or other qualified person). Identify heirs and their relationships in the petition.
Common problems and reasons courts delay appointment
- Missing original will or insufficient proof of its execution.
- No bond or no valid waiver/consent where bond is required.
- Improper notice to interested persons.
- Conflicting claims to appointment or disputes among heirs/beneficiaries.
- Incomplete or incorrect court forms or missing filing fees.
Where to get forms and help
Contact the Circuit Court clerk in the county where the decedent resided for local probate forms, filing fees, and hearing schedules. Many Illinois counties and the Illinois Courts website post approved probate forms and instructions online. If the estate is modest, ask the clerk about simplified procedures (small estate affidavit or summary procedures) that may require fewer documents.
Disclaimer: I am not a lawyer. This information is educational only and does not constitute legal advice. Laws change, and local court procedures vary. For advice about a specific estate or to prepare and file probate documents, consult a licensed Illinois attorney or the probate clerk in the county where the decedent lived.
Helpful Hints
- Gather the decedent’s original will (if any) and multiple certified copies of the death certificate before you go to the courthouse.
- Make a list of known heirs, beneficiaries, asset locations (bank accounts, safe deposit boxes, real estate), and known creditors — the petition usually asks for this information.
- Call the county probate clerk ahead of time to confirm required local forms, fee amounts, and whether an appointment or hearing is needed.
- If the nominated executor does not want the job, have them sign a written renunciation before filing — this simplifies appointment of an alternate representative.
- Consider whether bond is required; if you want to avoid bond, obtain written waivers from those who can legally waive it and file them with the petition.
- If the original will is lost, file an affidavit explaining the loss and evidence supporting that the copy truly reflects the decedent’s last will; courts will require convincing proof before admitting a copy.
- Keep careful records of service of notice to all interested parties — mistakes in notice are a common cause of delay or contested hearings.
- If the estate is complex or contested, consult an Illinois probate attorney early to reduce procedural errors and delays.