When someone dies in Illinois

General information about Illinois law as of October 23, 2026. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.

Who decides about the funeral in Illinois?

The person who died, if they left written directions or named someone to decide, in a will, a prepaid funeral or burial contract, a health care power of attorney that includes that power, a cremation authorization or the state's appointment form (755 ILCS 65/40). Otherwise the law sets an order: an executor following written instructions in the will, then the surviving spouse, then the adult children by majority, then the parents, then the nearest relatives, and others after them (755 ILCS 65/5). Whoever holds that right is also liable for the reasonable cost.

Funeral and burial expenses are first in line when the estate's bills are paid (755 ILCS 5/18-10). Keep every receipt.

What do I do with the will?

File the original with the circuit clerk. Whoever has the will must file it with the clerk of the court in the right county immediately after the death (755 ILCS 5/6-1). The right county is normally the one where the person lived (755 ILCS 5/5-1). Wilfully destroying or altering a will without the person's direction, or wilfully hiding it for 30 days after learning of the death, is punished as a Class 3 felony (6-1).

For someone who lived in Winnebago County, that is the Circuit Clerk's office, Room 108 of the courthouse at 400 W. State St in Rockford. The clerk files the will, gives it a number and hands you a Will Receipt. Certified copies cost $8 for the first page and 50 cents for each page after (Circuit Clerk). For Boone County, it is the Boone County Circuit Clerk in the courthouse at 601 N. Main St, Belvidere (17th Judicial Circuit).

Filing the will does not by itself open a probate case. Normally someone files a petition to have the will admitted (755 ILCS 5/6-2).

Who acts for the estate?

If the will names an executor, that person has 30 days after learning of it to either start the probate case or say they will not serve (755 ILCS 5/6-3). An executor must be at least 18, a U.S. resident, of sound mind, not under a court finding of disability and not in prison, and generally must not have a felony conviction, though the will can allow one in some cases (755 ILCS 5/6-13). Once the will is admitted, the court issues letters testamentary to the executor (755 ILCS 5/6-8).

If there is no will, or no executor who can serve, the court appoints an administrator. The law gives preference in this order: the surviving spouse, then those who inherit under the will, then the children, grandchildren, parents, brothers and sisters and nearest relatives, each of whom can nominate someone else (755 ILCS 5/9-3). Illinois also allows independent administration, which lets the executor or administrator act without court orders or filings except where the law requires one or an interested person asks for it (755 ILCS 5/28-1).

Does every estate have to go through probate in Illinois?

No. A small estate affidavit can collect the person's personal property without a probate case if no letters of office are outstanding or planned, and the personal estate, not counting vehicles registered with the Secretary of State, is $150,000 or less (755 ILCS 5/25-1).

It is a sworn statement, not a shortcut around the rules. You attach a copy of the death certificate and sign under penalties of perjury. You must pay all valid claims against the estate before anything goes to an heir, and you agree to cover losses that people who rely on the affidavit suffer because of anything you did or failed to do (25-1). The affidavit covers personal property. Ask a lawyer how a house or other real estate passes, and about accounts with a named beneficiary or a joint owner.

What happens to the bills and debts?

They are paid from the estate, in an order the law sets: funeral, burial and administration costs first, then the award for a surviving spouse or children, then debts owed to the United States, then medical and nursing home bills from the last year, and so on down to all other claims (18-10). Without a will, the heirs take what is left after the just claims are paid (755 ILCS 5/2-1).

In a probate case, the executor or administrator publishes a notice once a week for three weeks and mails it to known creditors. The deadline for claims is at least 6 months after the first publication, or 3 months after mailing, whichever is later (755 ILCS 5/18-3). In any event, most claims are barred 2 years after the death, whether or not a probate case is ever opened (755 ILCS 5/18-12).

Do not pay the person's debts from your own pocket because a collector calls. Ask first whether you owe anything yourself. That depends on facts such as whether you co-signed, and whether you were married to the person, because Illinois can hold a spouse liable for family expenses (750 ILCS 65/15).

Someone also has to file the person's final income tax return, reporting income up to the date of death (IRS).

Does a power of attorney still work after death?

Mostly no. A power of attorney for property ends at the death of the person who signed it (755 ILCS 45/2-5). A health care agent's authority can continue for a short list of things: organ donation, an autopsy, what happens to the remains, and access to medical records (755 ILCS 45/4-3). Everything else passes to the executor or administrator the court appoints, or, for a small estate, the person who signs the affidavit. If you were the agent under a property power, stop using it, keep your records of what you did with it, and hand them to whoever takes over.

What can wait?

Dividing up belongings can wait until you know who has authority and what the estate owes. So can selling the house. Keep the papers in one place and write down every payment you make for the estate.

When to call Rick

If you are named executor, or are about to sign a small estate affidavit, talk with a lawyer before you sign anything; the executor's 30 days run from the day you learn of it.

Call Rick when you want to write or update your own will or power of attorney, so the people you leave behind have answers to the questions on this page. Rick writes wills and powers of attorney for people in Rockford, Loves Park and across Winnebago County. See Estate planning and Power of attorney, or call (815) 986-1569.