Illinois

At a Glance

The 7-day rule.

In Illinois, a death certificate must be filed within 7 days of death and before the body is buried or cremated. The funeral director or person in charge of final disposition is responsible for filing. (410 ILCS 535/20)

Who files it.

The funeral director or person in charge of final disposition prepares the certificate. The attending physician must certify the cause of death within 24 hours of being notified.

Who can order copies.

Spouses, parents, children, siblings, and legal representatives can order certified copies. Contact the Illinois Department of Public Health or the county clerk where the death occurred.

• –IDPH Vital Records: dph.illinois.gov
• –Cost: approximately $19 per certified copy
• –Expedited service available online through VitalChek

How do I get a death certificate in Illinois?

Order certified copies from Illinois's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Illinois?

$19 per certified copy in Illinois, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

Illinois requires formal probate for estates with assets exceeding $100,000 that are solely owned by the deceased without beneficiary designations. Estates under $100,000 may qualify for a small estate affidavit.

If you die without a will.

Illinois intestate succession (755 ILCS 5/2-1) determines who inherits:

• –Surviving spouse only: gets everything
• –Spouse + descendants: spouse gets half, descendants split the other half
• –No spouse, descendants survive: descendants inherit equally by representation
• –No spouse or descendants: parents inherit; then siblings; then more distant relatives
• –No heirs found: estate escheats to the State of Illinois

The 30-day rule.

An heir must survive the deceased by at least 30 days to inherit under Illinois law. This matters in simultaneous or near-simultaneous deaths.

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside probate automatically.

How long does probate take in Illinois?

A straightforward Illinois probate typically runs 9-18 mo, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Illinois?

$100,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Illinois?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Illinois allow transfer-on-death deeds?

Yes. Illinois authorizes the transfer on death instrument (TODI) under 755 ILCS 27/1 to 27/95, Real Property Transfer on Death Instrument Act. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Illinois calls it an 'instrument,' not a deed, and since 2022 it covers all real property (not just homes); it must be witnessed and notarized like a will, which is stricter than most states.

Source: 755 ILCS 27/1 to 27/95, Real Property Transfer on Death Instrument Act ↗

Die without a will in Illinois and this law picks your heirs.

If you die intestate (without a valid will) in Illinois, 755 ILCS 5/2-1 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the spouse takes the entire estate.
• –Spouse + parents (no descendants): parents change nothing, the spouse still takes everything.
• –Spouse + joint descendants: one-half to the spouse, one-half to the descendants per stirpes.
• –Spouse + blended family: same split, one-half to the spouse, one-half to the decedent's descendants.
• –Source: 755 ILCS 5/2-1

Children's shares.

With no spouse, the descendants take the entire estate per stirpes.

No spouse, no children: the line of succession.

With no spouse or descendant, parents and siblings share equally (a lone surviving parent takes a double portion, and a deceased sibling's descendants take per stirpes); then half each to the maternal and paternal grandparents or their descendants; then great-grandparents or their descendants; then the nearest kindred by civil-law degree; and with no kin at all, real estate escheats to the county where it sits and personal property to the state.

At a Glance

Illinois Living Will.

Illinois recognizes a Living Will under the Illinois Living Will Act (755 ILCS 35/). This document directs physicians to withhold or withdraw death-delaying procedures if you have a terminal condition and cannot make decisions. It must be signed by the declarant and two witnesses who are not related by blood or marriage, not heirs, and not responsible for your healthcare costs.

Healthcare Power of Attorney.

The Illinois Power of Attorney Act (755 ILCS 45/4-1) allows you to designate a healthcare agent to make medical decisions on your behalf. This is broader than a Living Will.

POLST (Physician Orders for Life-Sustaining Treatment).

Illinois recognizes POLST as a medical order for individuals with serious illness or frailty. Unlike an advance directive, a POLST is signed by a physician and travels with the patient across healthcare settings.

Where do I get Illinois's advance directive form?

The controlling law is 755 ILCS 45/ (Illinois Power of Attorney Act), linked as this section's source. Most people use the free statutory form: Illinois's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Illinois require a notary or witnesses for an advance directive?

Illinois requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation regulations.

Illinois requires a 24-hour waiting period before cremation unless a physician certifies that the death was from a contagious disease. A cremation permit must be obtained from the county registrar.

Right of disposition.

Illinois law (755 ILCS 65/) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children, (5) parents, (6) siblings, (7) other relatives.

Green burial.

Green burial is permitted in Illinois. The state has no specific green burial regulations, meaning natural burial practices are generally allowed at cemeteries that permit them.

At a Glance

Illinois estate tax.

Illinois imposes a state estate tax on estates exceeding $4 million. The exemption is not portable between spouses. Illinois estate tax rates range from 0.8% to 16% on the taxable estate.

Source: IRS ↗

Federal estate tax.

The federal estate tax exemption is $15 million per individual in 2026. The One Big Beautiful Bill Act (2025) made the higher exemption permanent.

Illinois inheritance tax.

Illinois does not impose a separate inheritance tax. The estate tax is paid by the estate, not by individual beneficiaries.

Does Illinois have an estate tax?

Yes. Illinois levies its own estate tax, with a state exemption of $4 million and rates of 0.8%-16%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Illinois have an inheritance tax?

No. Illinois does not tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

The Illinois Organ/Tissue Donor Registry.

Illinois maintains a donor registry through Gift of Hope Organ & Tissue Donor Network. Registration is legally binding under the Illinois Anatomical Gift Act (755 ILCS 50/).

Your family cannot override your registration.

Under Illinois law, a registered donor's decision is legally binding. However, medical teams often defer to family objections in practice. Register AND tell your family.

How to register.

Register online at giftofhope.org, when renewing your driver's license at the DMV, or by completing a donor card.

• –Online: giftofhope.org
• –At the DMV when renewing your license
• –Donor card: available from Gift of Hope