Illinois Probate Bonds,
Handled Simply.

Probate in Illinois is handled by the Circuit Court in each of the state's 102 counties. The Circuit Court has jurisdiction over the administration of estates, the appointment of representatives, and guardianships. Cook County, which includes Chicago, runs a dedicated Probate Division of the Circuit Court, while the other counties hear probate within the general Circuit Court.

Illinois is not a Uniform Probate Code state. It administers estates under the Probate Act of 1975, codified at 755 ILCS 5. The estate fiduciary is called the representative, known as an executor when named in a will and an administrator when appointed by the court without a will. The bond rules are set by Sections 12-2 through 12-5 of the Probate Act.

Illinois is one of the states that imposes its own estate tax, with a $4,000,000 exemption that is separate from the larger federal exemption, so many Illinois estates that owe no federal tax still owe Illinois estate tax.

Under 755 ILCS 5/12-5, the amount of the representative's bond depends on the type of surety:

• Surety company: When a surety company writes the bond, it must be at least 1.5 times the value of the personal estate.
• Individual sureties or excused security: When individuals act as sureties, or where security is excused by the will, the bond is set at double the value of the personal estate.
• Real estate adds to the bond: If the representative takes possession of the decedent's real estate, the bond is increased by an additional amount based on the income from that real estate.
• Deposit in lieu of bond: Under Section 12-7, the court may order the representative to deposit personal estate with a qualified trust corporation and reduce the bond to cover only the estate that remains in the representative's hands.

Whether a written surety bond is required in Illinois turns on the will and the court. Under 755 ILCS 5/12-2 and 5/12-4:

• The will excuses the bond: No security is required of a representative whom the will excuses from giving bond or security, which most attorney-drafted Illinois wills do for the named executor.
• Corporate fiduciary: A bank or trust company serving as representative does not provide a separate surety bond.
• Court may waive or require: The court may waive a written bond in some cases, and may require security even where the will excused it if it suspects fraud or incompetence or believes the estate will not cover all claims.
• A statutory bond still exists without writing: Even when the will excuses the written bond, Section 12-4 keeps a bond in the statutory amount in full force without a written instrument, so the representative remains personally liable unless the court orders a written bond.
• Nonresident executors: A nonresident executor may be required to give security even when the will would otherwise excuse it.

Filing an Illinois probate bond follows the Probate Act and local Circuit Court rules:

• Filed before Letters issue: The representative files an oath and any required written bond, and the court will not issue Letters of Office until the bond is approved.
• Filed with the Circuit Clerk: The bond is filed with the Clerk of the Circuit Court in the county where the estate is opened, on the bond form that county uses.
• Qualified sureties: Every bond must have at least two individual sureties acceptable to the court, or one surety company qualified to do business in Illinois.
• Bond for income-producing real estate: When the representative takes possession of real estate, an additional bond based on the real estate income is required.
• New or additional bond: Under Section 12-13, a new or additional bond may be required during administration and relates back to the date Letters were issued.
• Released at closing: The bond stays in force while the representative serves and is released when the court approves the final account and closes the estate.

When an Illinois probate bond is required, the cost is a premium paid to the surety company. The premium is a small percentage of the bond amount and depends on the size of the bond and the applicant's credit.

• Typical rate range: Most Illinois probate bonds are priced at roughly 0.5% to 1% of the bond amount per year for well-qualified applicants. A $100,000 bond commonly costs between $500 and $1,000 per year.
• Surety company savings: Because a surety company bond is set at 1.5 times the personal estate while individual sureties require double, using a surety company usually lowers the bond amount and the premium.
• Minimum premium: Many sureties apply a minimum premium of about $100 to $150 for small bonds.
• Deposit reduces the bond: Depositing personal estate with a qualified trust corporation under Section 12-7 reduces the bond and the premium.
• Annual renewal: Illinois estates can stay open across more than one year, so the premium is charged annually until the estate is closed.
• Premium as an estate expense: Illinois courts generally allow the bond premium to be paid from estate assets as a cost of administration.

Beyond the standard executor and administrator bonds, Illinois probate practice uses several additional bond types:

• Guardian of the Estate Bond: A guardian appointed to manage the estate of a minor or a person with a disability must generally post a bond tied to the value of the ward's estate.
• Administrator to Collect Bond: When the court needs someone to preserve estate assets before a representative is appointed, it may name an administrator to collect, who can be required to post a bond.
• Supervised Administration Bond: In supervised administration, where the court oversees the estate more closely, the representative is more likely to be required to post a bond.
• Bond on Appeal: Under Section 12-14, a representative who appeals a court order may be required to post a bond conditioned to pay the judgment in due course of administration.
• VA Fiduciary Bond: A fiduciary appointed to manage benefits for a veteran answers to both the Illinois court and the federal Department of Veterans Affairs, and the bond may reflect both the estate and the benefits under management.

Illinois does not run a licensing board for private professional fiduciaries, but its probate system places clear duties on every representative:

• Oath and qualification: Under Section 12-2, every representative files an oath and, unless excused, a written bond before the court issues Letters of Office.
• Independent or supervised administration: Illinois allows independent administration with limited court oversight, but an interested person can demand supervised administration, under which the court reviews the estate more closely.
• Corporate fiduciaries: A bank or trust company qualified to act as a fiduciary may serve without a separate surety bond, with the court overseeing its accounts.
• Bond protects against misconduct: The bond protects the estate, beneficiaries, and interested parties, and the representative must reimburse the surety for any claim the surety pays.
• Guardianship oversight: A guardian of the estate serves under continuing Circuit Court supervision, files accountings, and maintains any bond the court sets.

• Adams, Circuit Court (Quincy)
• Alexander, Circuit Court (Cairo)
• Bond, Circuit Court (Greenville)
• Boone, Circuit Court (Belvidere)
• Brown, Circuit Court (Mount Sterling)
• Bureau, Circuit Court (Princeton)
• Calhoun, Circuit Court (Hardin)
• Carroll, Circuit Court (Mount Carroll)
• Cass, Circuit Court (Virginia)
• Champaign, Circuit Court (Urbana)
• Christian, Circuit Court (Taylorville)
• Clark, Circuit Court (Marshall)
• Clay, Circuit Court (Louisville)
• Clinton, Circuit Court (Carlyle)
• Coles, Circuit Court (Charleston)
• Cook, Circuit Court, Probate Division (Chicago)
• Crawford, Circuit Court (Robinson)
• Cumberland, Circuit Court (Toledo)
• De Witt, Circuit Court (Clinton)
• DeKalb, Circuit Court (Sycamore)
• Douglas, Circuit Court (Tuscola)
• DuPage, Circuit Court (Wheaton)
• Edgar, Circuit Court (Paris)
• Edwards, Circuit Court (Albion)
• Effingham, Circuit Court (Effingham)
• Fayette, Circuit Court (Vandalia)
• Ford, Circuit Court (Paxton)
• Franklin, Circuit Court (Benton)
• Fulton, Circuit Court (Lewistown)
• Gallatin, Circuit Court (Shawneetown)
• Greene, Circuit Court (Carrollton)
• Grundy, Circuit Court (Morris)
• Hamilton, Circuit Court (McLeansboro)
• Hancock, Circuit Court (Carthage)
• Hardin, Circuit Court (Elizabethtown)
• Henderson, Circuit Court (Oquawka)
• Henry, Circuit Court (Cambridge)
• Iroquois, Circuit Court (Watseka)
• Jackson, Circuit Court (Murphysboro)
• Jasper, Circuit Court (Newton)
• Jefferson, Circuit Court (Mount Vernon)
• Jersey, Circuit Court (Jerseyville)
• Jo Daviess, Circuit Court (Galena)
• Johnson, Circuit Court (Vienna)
• Kane, Circuit Court (Geneva)
• Kankakee, Circuit Court (Kankakee)
• Kendall, Circuit Court (Yorkville)
• Knox, Circuit Court (Galesburg)
• LaSalle, Circuit Court (Ottawa)
• Lake, Circuit Court (Waukegan)
• Lawrence, Circuit Court (Lawrenceville)
• Lee, Circuit Court (Dixon)
• Livingston, Circuit Court (Pontiac)
• Logan, Circuit Court (Lincoln)
• Macon, Circuit Court (Decatur)
• Macoupin, Circuit Court (Carlinville)
• Madison, Circuit Court (Edwardsville)
• Marion, Circuit Court (Salem)
• Marshall, Circuit Court (Lacon)
• Mason, Circuit Court (Havana)
• Massac, Circuit Court (Metropolis)
• McDonough, Circuit Court (Macomb)
• McHenry, Circuit Court (Woodstock)
• McLean, Circuit Court (Bloomington)
• Menard, Circuit Court (Petersburg)
• Mercer, Circuit Court (Aledo)
• Monroe, Circuit Court (Waterloo)
• Montgomery, Circuit Court (Hillsboro)
• Morgan, Circuit Court (Jacksonville)
• Moultrie, Circuit Court (Sullivan)
• Ogle, Circuit Court (Oregon)
• Peoria, Circuit Court (Peoria)
• Perry, Circuit Court (Pinckneyville)
• Piatt, Circuit Court (Monticello)
• Pike, Circuit Court (Pittsfield)
• Pope, Circuit Court (Golconda)
• Pulaski, Circuit Court (Mound City)
• Putnam, Circuit Court (Hennepin)
• Randolph, Circuit Court (Chester)
• Richland, Circuit Court (Olney)
• Rock Island, Circuit Court (Rock Island)
• Saline, Circuit Court (Harrisburg)
• Sangamon, Circuit Court (Springfield)
• Schuyler, Circuit Court (Rushville)
• Scott, Circuit Court (Winchester)
• Shelby, Circuit Court (Shelbyville)
• St. Clair, Circuit Court (Belleville)
• Stark, Circuit Court (Toulon)
• Stephenson, Circuit Court (Freeport)
• Tazewell, Circuit Court (Pekin)
• Union, Circuit Court (Jonesboro)
• Vermilion, Circuit Court (Danville)
• Wabash, Circuit Court (Mount Carmel)
• Warren, Circuit Court (Monmouth)
• Washington, Circuit Court (Nashville)
• Wayne, Circuit Court (Fairfield)
• White, Circuit Court (Carmi)
• Whiteside, Circuit Court (Morrison)
• Will, Circuit Court (Joliet)
• Williamson, Circuit Court (Marion)
• Winnebago, Circuit Court (Rockford)
• Woodford, Circuit Court (Eureka)