Estates & Powers of attorney

An estate All of the property a person owns at their death is everything a person owned when they died, except for the non-estate property explained below. The estate could include:

• Money and bank accounts,
• Real estate, Property consisting of land or buildings like a house or an apartment and
• Vehicles and personal property.

Jointly owned property or property that automatically passes to someone else is not part of the estate. This includes jointly held bank accounts, life insurance policies and annuities, and retirement accounts with named beneficiaries. Jointly owned bank accounts automatically become the property of the surviving owner when one owner passes away. Real estate that is held in joint tenancy A type of ownership in which the owners have equal shares and have a right of survivorship. The right of survivorship means that when one owner dies, the other owners split that owner's share. passes directly to the surviving joint tenants. This can be a surviving spouse.

Real estate can also be passed to another person or persons through a Transfer on Death Instrument (TODI), if the decedent Someone who has died completed the form and recorded it with the Recorder of Deeds Government office that keeps records and documents on property ownership prior to their death. Real estate transferred to a TODI beneficiary A person that gets property or money from someone when they die is not part of the decedent’s estate.

Since these types of property are not part of the estate, a Will or Illinois law does not decide where they go. The recipient was already decided before the decedent died.

Who is in charge depends on how the decedent Someone who has died planned their estate. All of the property a person owns at their death The person in charge is called a “representative.”

There are different types of representatives. If someone dies with a Will, the Will usually names the representative who Will handle the estate. This person is the “executor.” Person in charge of giving out the property left in a will If there is no Will, the probate A court process where a person's property is given out after they die court appoints an “administrator.” If a trust is involved, then a person called a “trustee” A person that has custody of or control over funds or items of another may handle some or all of the property. Representative is the general term for these three types of people who settle To resolve a case before finishing a trial estates.

The person settling the estate might not necessarily be a beneficiary. A person that gets property or money from someone when they die

The representative must:

• Find and protect property of the deceased,
• Pay funeral and burial expenses for the deceased,
• Pay debts and expenses, and
• Distribute the property of the decedent. Someone who has died  

They distribute property according to the decedent’s wishes if the decedent had a Will. If there is no Will, property is distributed under Illinois inheritance laws. The representative must also keep careful records of the deceased’s property, what debts get paid, and where the remaining property goes.

When someone dies with a will, their property must be distributed according to their wishes in the Will. If there is a Will, it should designate one or more representatives called “executors.” Executors carry out the duties of a representative. Wills must be filed in court within 30 days of the decedent’s Someone who has died death. They must be filed in the county where the decedent last lived. Filing the Will starts the estate settling process, which may or may not include going to probate A court process where a person's property is given out after they die court. The Will can be filed in-person without filing any other documentation or court case. There is no filing fee. Fee charged for filing court documents Filing the Will is separate from opening a probate case.

Learn more about wills for estate planning.

Probate is a court process used to settle To resolve a case before finishing a trial an estate. All of the property a person owns at their death Not all estates need probate. Whether probate is required depends on a number of factors. These factors include:

• The amount of money in the estate,
• Whether there is real property in the estate, such as a house or condo,
• Whether the final bills will be paid, and
• Whether anyone will be fighting over the estate or “contesting” the Will.

A person can start a probate case by filing a petition (noun) A written request to a court (verb) To request from a court with the court where the decedent Someone who has died last lived before their death. Then can also include a Will if there is one, and ask the court to appoint a representative. The court will give that person legal authority to act for the estate.

For example, if a person dies leaving a house, a bank account in their name only, and a life insurance policy with a named beneficiary, A person that gets property or money from someone when they die the house and bank account may go through probate. The life insurance payout goes directly to the beneficiary and is not part of the probate estate.

Settling an estate can take months or longer, especially if there is real estate Property consisting of land or buildings like a house or an apartment or disputes. Learn more about probate.

No. A person may be able to avoid probate A court process where a person's property is given out after they die by using a small estate affidavit A notarized written statement signed by a person under oath after a person dies. A small estate affidavit can be used when the deceased had a Will or did not have a Will, as long as the personal property in the estate is $150,000 or less and does not contain real estate. Property consisting of land or buildings like a house or an apartment The person seeking to use the affidavit must complete and notarize a form that lists the assets Anything a person owns that has financial value and who would receive them. Then they present the affidavit to banks or other institutions to transfer the property.

The affidavit can then be used to gather the decedent’s Someone who has died property, like money in a bank account, and complete the distribution of property. This is without filing a probate case in court.

Learn more about small estate affidavits.

When a person dies, their agents for powers of attorney (POA) for health care and property no longer have decision making authority over the deceased or their property. Only a representative can deal with a person’s property after they die. There is a limited exception where an agent for health care has been given the authority to deal with the decedent’s Someone who has died remains. The decedent must have given the agent that power in their health care POA.

Learn more about powers of attorney.

Inheritance taxes are imposed by people who receive an inheritance. As of 2026, there is no tax on inheritances in Illinois. Some states do impose inheritance taxes, but not Illinois. Illinoisans who inherit money or property, or receive it as a gift, are generally not taxed.   

Inheritance taxes are different from estate All of the property a person owns at their death taxes. An estate tax is imposed on the overall value of an estate. The decedent’s Someone who has died estate pays this tax. It is paid before anyone inherits any money or assets. Anything a person owns that has financial value In Illinois, the estate tax is only paid by estates that are worth $4 million or more.