Can I open probate in Illinois for my sibling’s estate if I live out of state?

Short answer: Yes — you can usually open probate in Illinois for a sibling who died domiciled in Illinois even if you live in another state. The process requires filing in the Illinois circuit court where the decedent lived, submitting required documents (original will if there is one, death certificate), and either appearing in court or hiring an Illinois attorney to appear for you. This article explains the usual steps, common issues for out-of-state petitioners, and resources to help you decide whether to proceed or hire local counsel.

Detailed answer — How probate in Illinois works for out-of-state relatives

1. Confirm the correct court (venue) and whether probate is needed

Probate is opened in the Illinois circuit court of the county where the decedent was domiciled (their permanent home) at the time of death. If your sibling lived in Illinois, their estate is handled in that county’s probate division. If all assets are jointly owned, payable-on-death, or trust property, you may not need full probate. If assets are titled solely in your sibling’s name or banks/third parties require a court order, you will likely need to open probate.

2. Identify your role and who has priority to serve

Illinois law gives priority to certain people to be appointed as the personal representative (executor or administrator). If your sibling left a valid will, the named executor has the primary right to serve. If there is no will (intestate), priority typically goes to the spouse, adult children, parents, then siblings. If you are next in priority, you can petition to be appointed. If someone else has a higher statutory priority, they generally must be given the opportunity to serve.

3. Gather required documents and information

Original will (if any). Illinois courts prefer the original document when probate of a will is sought.
Certified copy of the death certificate.
Basic information about the estate: list of known assets and estimated values, creditors (if known), and a list of heirs/next of kin with contact information.
Identification for the person petitioning to be appointed.

4. File a petition with the county circuit court

To open probate you will file a petition asking the court to admit the will (if there is one) and issue letters testamentary (if there is a will) or letters of office/letters of administration (if intestate). The petition typically includes the decedent’s name, date of death, domicile, and a list of heirs and interested persons. There is a filing fee and possibly a bond requirement (bond may be waived by the will or by court order).

For Illinois statutory guidance on probate and administration procedures, see the Probate Act of 1975 (755 ILCS 5), which governs wills, appointment of personal representatives, and probate procedures in Illinois: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60

5. Appearances and hearings — what out-of-state petitioners should expect

Some counties may require an in-person hearing; others admit the will and appoint a representative on the papers. If you cannot travel, you can generally hire an Illinois attorney to file the petition and represent you at any hearing. An attorney can also accept service of process or otherwise act on your behalf for court matters. In many cases the court will issue appointment documents without your physical presence if the paperwork is in order.

6. Bond, inventory, and estate administration

After appointment you will receive letters that allow you to collect estate assets. You must handle estate administration duties: inventory assets, give notice to creditors, pay valid debts and taxes, and distribute assets according to the will or Illinois intestacy law. The court may require periodic filings and a final accounting before closing the estate.

7. Small estate and simplified procedures

Illinois has limited simplified procedures for smaller estates or when only specific personal property is involved. Whether a small estate option applies depends on the types and values of assets and specific county rules. Check with the circuit clerk or an attorney in the decedent’s county to see if you qualify for a simplified process.

8. Practical issues for out-of-state personal representatives

Consider hiring a local probate attorney to file documents, appear at hearings, and manage court communications.
Expect to sign certain documents and affidavits; these can often be notarized locally and sent to Illinois.
You may need to obtain an Illinois tax ID number for the estate and file estate tax or final income tax returns if applicable.
Collect multiple certified death certificates; institutions and agencies often require originals for each claim.

Where to get help and official resources

Illinois General Assembly — Probate Act (statutory rules governing probate): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60
Illinois Courts (statewide court information and links to local circuit courts): https://www.illinoiscourts.gov/
Contact the circuit court clerk in the county where your sibling lived — the clerk’s office can explain local filing procedures, fees, and forms.

Typical timeline and costs

Probate timelines vary widely. Simple administrations might close in a few months; more complex estates can take a year or longer. Costs include court filing fees, publication fees (if required), bond premiums (if bond is required), and attorney fees if you hire counsel. Expect additional costs for certified death certificates and administrative tasks.

Helpful Hints

Locate the original will before filing. Courts prefer the original; a copy may not be accepted in every case.
Order several certified death certificates early — banks and other institutions each typically require a certified copy.
If travel is difficult, hire an Illinois probate attorney to file and appear on your behalf.
Ask the clerk for county-specific forms and fee schedules before you file; counties can vary in procedure.
Keep an updated list of estate assets, account numbers, and creditor contact information to speed administration.
If there is disagreement among heirs or unknown creditors, expect longer timelines and consider early legal advice.
If the estate seems small, ask whether a simplified or small-estate affidavit procedure applies before filing full probate.

Disclaimer: This information is educational and general. It is not legal advice and does not create an attorney-client relationship. Probate rules and local procedures vary. For advice tailored to your situation, consult a licensed Illinois probate attorney or contact the circuit court clerk in the county where the decedent lived.