What to do when someone dies in Illinois: the first 14 days

If someone close to you has just died in Illinois, we're sorry. You don't have to sort everything out today. Very little has to happen in the first day, and most of what follows can be taken one step at a time over the next two weeks.

This page covers what usually happens and when, with Illinois' own rules for death certificates, the will, and small estates. For the state-neutral version of the first hours, see what to do when someone dies: the first 48 hours. If the death happened in Chicago or elsewhere in Cook County, see what to do when someone dies in Chicago.

If the death just happened: what can't wait

Only three things are time-sensitive in the first day:

1. A legal pronouncement of death by a medical professional (details below).
2. A call to a funeral home, which takes the person into its care. Calling does not commit you to any purchase.
3. Telling the closest family, ideally with one person coordinating calls so it doesn't all fall on you.

Everything else on this page, including accounts, the estate, and paperwork, can wait at least a few days.

The first 24 hours

The pronouncement of death

Who to call depends on where the death happened:

• At home with hospice: the hospice nurse, who can pronounce the death and coordinate with the physician.
• At home without hospice: 911, or the person's doctor if the death was expected.
• In a hospital or care facility: staff handle the pronouncement and explain what comes next.
• Unexpected or unattended death: 911. The county coroner or medical examiner may be involved, which can add a day or two before the person is released to a funeral home.

The funeral home

Funeral homes are usually contacted within a day. Under the federal FTC Funeral Rule, Illinois funeral homes have to give you prices over the phone and an itemized price list in person, so comparing two or three is normal and expected. The funeral director also files the death certificate with the local registrar, which is what makes certified copies available later.

If the person had a prepaid funeral contract, the funeral home named in it is the place to start. Paperwork for one is often kept with the person's important papers.

Who has the right to make arrangements

If a healthcare surrogate or healthcare agent was making decisions before the death, that authority ends at death. Decisions about the body and the funeral then follow the priority order in Illinois' Disposition of Remains Act (755 ILCS 65/). That order typically runs: a person the deceased named in writing, then a spouse or civil union partner, then adult children, then parents, then siblings. If the family disagrees about arrangements, this is the order the funeral home and, if it comes to that, a court will look to.

Days 2–3: death certificates

Where certified copies come from in Illinois

There are two places to get certified copies:

• The county clerk in the county where the death happened. This is usually the faster route, and many families order copies through the funeral home at the same time the certificate is filed. In Cook County, it's the Cook County Clerk's vital records office.
• The Illinois Department of Public Health (IDPH) Division of Vital Records, which can issue copies for any death in the state. IDPH says standard requests can take around 12 weeks, so most families use the county clerk.

Fees and turnaround times vary by county, so it's worth checking with the clerk's office or the funeral director.

How many copies

Families commonly order 10 to 15 certified copies. Each bank, insurer, pension or retirement plan, and the Illinois Secretary of State (for vehicle titles) usually asks for its own, and the probate court will want one if there's a probate case. Ordering more later is possible but slower. For the full request process, see how many death certificates you need and how to order them.

Days 2–7: find the will, and know Illinois' filing rule

Illinois has a rule many families don't expect. Under 755 ILCS 5/6-1, whoever has the original will is required to file it with the clerk of the circuit court in the county where the person lived, right after the death. This applies even if no one plans to open probate. Hiding a will for 30 days after learning of the death is a felony under the same section.

Wills are often kept in a home safe or file cabinet, with the attorney who drafted it, or in a safe deposit box. If the will is in a safe deposit box, Illinois banks have a process for letting a family member look for it. Copies are useful for reference, but the clerk needs the original.

Days 4–7: telling the agencies and institutions

Once certified copies arrive, this is when most families start notifying:

• Social Security (1-800-772-1213). Often the funeral home reports the death for you. Social Security pays benefits a month behind, so a payment for the month of death usually has to be returned. A surviving spouse or child may qualify for survivor benefits. See how to report a death to Social Security.
• The employer, if the person was working: final pay, unused paid time off, workplace life insurance, and health coverage for dependents. See how to notify an employer of an employee's death.
• Banks and credit unions, life insurance companies, and retirement or investment account administrators.
• Automatic payments and subscriptions that may need to be paused.
• The Department of Veterans Affairs, if the person was a veteran, about burial and survivor benefits.

Days 8–14: does the estate need probate?

Not every Illinois estate goes through probate. Two things decide it: how much personal property passes through the estate, and whether real estate was in the person's name alone.

The Illinois small estate affidavit

For deaths on or after August 15, 2025, an heir can use a small estate affidavit to collect personal property without a court case if the person's personal property passing by will or by Illinois inheritance law is $150,000 or less. Registered vehicles don't count toward that limit. The same affidavit can also be used to transfer a vehicle title at the Secretary of State, whatever the estate's value.

Some points to know:

• Real estate isn't covered. A house titled only in the person's name generally needs probate, unless it passes another way, such as through a trust, joint tenancy, or an Illinois transfer on death instrument.
• Some assets don't count at all. Accounts with a named beneficiary or payable-on-death designation, jointly owned accounts, and life insurance usually pass outside the estate.
• A change starts January 1, 2027. For deaths on or after that date, some vehicles count toward the $150,000 limit again: motor homes and campers, trailers, commercial vehicles, farm implements, and buses.
• Institutions decide whether to accept it. Banks and others can be asked ahead of time whether they'll take an affidavit.

When probate is needed

Probate is opened in the Circuit Court of the county where the person lived when they died. In Cook County, that's the Probate Division of the Circuit Court of Cook County. Forms and local procedures vary by county.

Illinois also has independent administration, a lighter form of probate with less court supervision. It is commonly used when the heirs aren't in conflict, and it can reduce the time and cost of closing an estate. For a sense of timing, see how long does probate take?

If you aren't sure whether the estate qualifies for the affidavit or how a particular asset counts, a local probate attorney can answer that for this specific estate.

What can wait past the first two weeks

• Final income tax returns for the person, which are due on the normal schedule the following year.
• The Illinois estate tax. It applies only to estates above $4 million, so most families never deal with it.
• Checking for unclaimed property through the Illinois Treasurer's I-Cash program.
• Closing utilities, phone plans, and memberships, beyond pausing anything urgent.

For a broader view of how Illinois handles wills, inheritance without a will, and powers of attorney, see the Illinois end-of-life planning overview.

The first 14 days: a checklist

First 24 hours

• Legal pronouncement of death
• Funeral home contacted (prices can be compared by phone)
• Closest family told, with one person coordinating
• If the family disagrees, the Disposition of Remains Act priority order identified

Days 2–3

• Death certificate details gathered: full legal name, date and place of birth, Social Security number, parents' names
• Certified copies ordered, usually 10 to 15, through the funeral home or county clerk

Days 2–7

• Original will located
• Original will filed with the circuit court clerk in the county of residence

Days 4–7

• Social Security notified (check whether the funeral home already did)
• Employer contacted about final pay and benefits, if applicable
• Banks, credit unions, and life insurers notified
• Retirement and investment accounts located
• Automatic payments reviewed

Days 8–14

• Personal property totaled against the $150,000 small estate limit
• Real estate in the person's name alone identified
• Institutions asked whether they'll accept a small estate affidavit
• If probate is needed, the county Circuit Court identified, and a local probate attorney consulted if anything is unclear

Frequently asked questions

Where do I get a death certificate in Illinois?

Certified copies come from the county clerk in the county where the death happened, or from the Illinois Department of Public Health's Division of Vital Records. The county clerk is usually much faster, and IDPH says its standard requests can take around 12 weeks. Many families order copies through the funeral home when the certificate is filed.

How many death certificates should I order?

Families commonly order 10 to 15 certified copies, one for each bank, insurer, retirement plan, vehicle title transfer, and probate case. Ordering extra at the start is usually easier than requesting more later.

What do I do with the original will in Illinois?

Illinois law (755 ILCS 5/6-1) requires whoever has the original will to file it with the clerk of the circuit court in the county where the person lived, promptly after the death. This applies even if no probate case is planned.

Does every estate in Illinois have to go through probate?

No. For deaths on or after August 15, 2025, personal property of $150,000 or less, not counting registered vehicles, can usually be collected with a small estate affidavit. Real estate titled only in the person's name generally still requires probate unless it passes through a trust, joint tenancy, or a transfer on death instrument. Assets with a named beneficiary usually pass outside the estate entirely.

Who decides on funeral arrangements if the family disagrees?

Illinois' Disposition of Remains Act sets the order. It typically runs: a person the deceased named in writing, then a spouse or civil union partner, then adult children, then parents, then siblings. A healthcare surrogate's authority ends at death.

Does it matter which Illinois county the person lived in?

Yes. The will is filed and probate is opened in the circuit court of the county where the person lived when they died, and forms, fees, and procedures vary by county.

This article is general information about Illinois procedures, not legal advice about any specific estate. Rules, fees, and thresholds change and vary by county. For questions about a particular estate, contact the county clerk's office or a licensed Illinois probate attorney.

Content is compiled from publicly available resources for general informational purposes only. It is not legal, financial, tax, medical, or professional advice. Passings disclaims all liability arising from reliance on this content. Consult a qualified professional for guidance specific to your situation.