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755 ILCS 5/18-3(a) · checked 2026-10-21
How long probate takes in Illinois
The longest fixed wait in a Illinois probate is usually the creditor claim period: 6 months from first publication of the notice to creditors under 755 ILCS 5/18-3(a), or 3 months from mailing or delivery of the notice to a known creditor, whichever is later. An estate cannot be closed safely before that window shuts, and 755 ILCS 5/18-12(b) sets an outer limit of 24 months after death.
- 1Claim period 6 months
- 2Counted from Notice / letters
- 3Outer limit 24 months
- 4Statute 755 ILCS 5/18-3(a)
The statute
“not less than 6 months from the date of the first publication or 3 months from the date of mailing or delivery, whichever is later”
Source: 755 ILCS 5/18-3(a); outer limit: 755 ILCS 5/18-12(b). Last checked 2026-10-21.
The outer limit reads: “barred 2 years after decedent's death”.
Worked example: a death on January 15, 2026
| Checkpoint | Date |
|---|---|
| Date of death | January 15, 2026 |
| Trigger: first publication of the notice to creditors | March 1, 2026 |
| Creditor claim period ends (6 months, 755 ILCS 5/18-3(a)) | September 1, 2026 |
| Outer limit for claims (755 ILCS 5/18-12(b)) | January 15, 2028 |
Illinois starts the clock at first publication of the notice to creditors, so the end date moves with the court. The example assumes that event comes 45 days after the death (March 1, 2026); a later filing pushes September 1, 2026 back day for day.
7 jurisdictions on this site give creditors longer and 23 give them less; the median is 122 days.
Steps that add time
- Getting appointed. Nothing runs until first publication of the notice to creditors; the time between the death and the petition is outside the statutory period.
- Notice. Published notice and notice mailed to known creditors start or shorten the claim period; a creditor who should have been mailed notice may get extra time — here, or 3 months from mailing or delivery of the notice to a known creditor, whichever is later.
- Real estate. Illinois's small-estate route does not take real property, so an estate with a house in the state generally goes through administration or another court step.
- Accounting and closing. The final account, receipts from heirs and any tax filings come after the claim period ends.
Nearby East North Central timelines
Indiana: 3 months; Michigan: 4 months; Ohio: 6 months from death.
Related: Illinois small estate limit · creditor claim periods compared · executor timeline.
General information from the statute as written on 2026-10-21; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The Illinois probate court and its clerk can confirm how the periods run in a given case.