Letters of Office in Illinois Probate: What They Are and How to Get Them

Reviewed by Daci Jett, Attorney at Law (Illinois) — Last reviewed: 2026-07-03

Letters of office are the document an Illinois court issues to prove you have legal authority to act for someone’s estate. A probate judge issues them once you’re appointed as executor or administrator. Banks, insurers, and title companies all want to see them before they’ll let you touch estate assets.

Key takeaways

• Letters of office prove court-granted authority over an Illinois estate.
• Letters testamentary go with a will; letters of administration go without one.
• A judge appoints you; the circuit clerk then issues the letters.
• Banks and title companies usually want a recently certified copy.
• Small estates may skip probate with an affidavit instead.

You’ve been named executor, but the bank won’t talk to you until you show them your “letters of office.” That’s a hard place to be when you’re also grieving. This guide covers what the letters are, how an Illinois court issues them, and how to get the certified copies institutions keep asking for.

On this page

• What are letters of office in Illinois?
• Letters testamentary vs. letters of administration
• How to get letters of office in Illinois (step by step)
• What can you do with letters of office?
• How do you get certified copies in Cook County and Lake County?
• When you may not need letters of office
• Frequently asked questions

What are letters of office in Illinois?

In Illinois, letters of office are the short court order that proves you can legally manage a deceased person’s estate. A probate judge in the county where the person lived signs your appointment, and the circuit clerk issues the letters under the Illinois Probate Act of 1975 (755 ILCS 5). The document names you as the representative of the estate and confirms you can act on its behalf.

Think of the letters as the estate’s ID card. It’s what a bank asks for before it will talk to you about the account, and what a county recorder wants before a house can change hands.

Without letters, you have no legal standing to move money, sell property, or close accounts, even if a will clearly names you. That’s why getting them is usually the first real step after someone dies.

Letters testamentary vs. letters of administration

Which letters you receive comes down to one thing: whether there’s a valid will. When a will is admitted to probate, the court issues letters testamentary to the executor named in that will, under Article VI of the Probate Act. When there’s no valid will, or the named executor can’t serve, the court issues letters of administration to an administrator under Article IX.

The powers are much the same. What differs is where they come from and who directs the outcome. An executor follows the will. An administrator follows Illinois intestacy law, which decides who inherits when there’s no will.

When there’s no will, Illinois sets an order of preference for who may serve as administrator under 755 ILCS 5/9-3, usually the surviving spouse first, then children, then other heirs. This is also where people mix up roles. If assets sit in a living trust, the person in charge is a trustee, not an executor, and that job doesn’t require letters of office at all. Knowing the difference between a trustee and an executor helps you file the right paperwork the first time.

How to get letters of office in Illinois (step by step)

In Illinois, the court issues letters of office only after a judge enters an order appointing you as executor or administrator under 755 ILCS 5. You get there by opening a probate case, giving notice, and taking an oath. If you’d rather have someone handle the filings, Daci Jett Law offers Illinois probate services for exactly this stage.

Here’s the path from filing to letters in hand:

1. File a petition to admit the will (or open an intestate estate) in the county where the decedent lived.
2. Give required notice to heirs and legatees.
3. Sign the representative’s oath; post bond if the court requires it.
4. The judge enters an order appointing you as executor or administrator.
5. The circuit clerk issues your letters of office.
6. Request certified copies from the clerk for banks, title companies, and insurers.

This article stays on the letters themselves. For the wider picture of court deadlines, creditor claims, and closing an estate, read how probate works in Illinois.

Filing the petition to admit the will or open the estate

The case begins with a petition filed under 755 ILCS 5/6-2. The petition asks the court to admit the will, if there is one, and to appoint you. You’ll list the heirs and legatees, describe the estate, and file the original will with the clerk.

Notice matters here. Illinois requires that heirs and legatees receive notice of the proceeding, which gives them a chance to object before the court appoints anyone.

Oath and bond before appointment

Before you can act, you sign an oath promising to carry out the role honestly. The court may also require a surety bond under 755 ILCS 5/12-2, which is an insurance policy that protects the estate if the representative mishandles assets. A will often waives bond, and heirs sometimes agree to waive it too.

Most Illinois estates run as independent administration under 755 ILCS 5/28-1 (Article XXVIII). An independent representative can handle routine tasks without going back to court for each one. The alternative is supervised administration, where a judge reviews the major steps along the way.

What can you do with letters of office?

Letters of office let you do the practical work of settling an estate: open an estate bank account, collect and sell assets, pay valid debts, and transfer property to the people who inherit it. In Illinois, you’ll also prepare an estate inventory that lists what the estate holds. Third parties treat the letters as proof you’re allowed to act.

Banks want them before releasing funds. Title companies want them before a home sale can close. Insurers want them before paying a policy to the estate. Each institution is protecting itself, because handing assets to the wrong person leaves it on the hook.

It’s also why brokerage firms and the Illinois Secretary of State honor the letters. A recent certified copy tells them a judge signed off and that your authority is still current.

If you’re not sure the estate even needs formal probate, a short conversation with an Illinois probate attorney can save you weeks of guesswork.

How do you get certified copies in Cook County and Lake County?

You get certified copies of your letters of office from the circuit clerk in the county where the estate was opened, after the judge enters the appointment order. A certified copy is one the clerk stamps and authenticates, which is what banks and title companies ask for instead of a plain photocopy.

In Cook County, the Clerk of the Circuit Court of Cook County, Probate Division issues certified letters. The Probate Division sits at the Richard J. Daley Center, 50 W. Washington Street, Room 1202, in Chicago. The clerk charges a small per-page copying fee plus a certification fee for each certified copy, and you can re-order copies as the estate goes on.

Lake County estates run through a different courthouse. There, the 19th Judicial Circuit in Waukegan handles probate and issues the letters. Daci Jett Law opens estates in both the Circuit Court of Cook County, which covers Evanston, and the 19th Judicial Circuit in Lake County across the North Shore, so you’ll know which clerk’s office to work with.

One practical tip: order a few certified copies at once. Many banks keep the copy you hand them, so a single certified letter rarely stretches across a whole estate.

When you may not need letters of office

Some Illinois estates are small enough to skip probate entirely, which means no letters of office at all. Under 755 ILCS 5/25-1, a small estate affidavit lets you collect and transfer assets without opening a court case, as long as the estate qualifies.

Illinois raised the ceiling recently. For deaths on or after August 15, 2025, the personal property limit is $150,000, up from $100,000 for earlier deaths, under Public Act 104-0346. A vehicle registered with the Illinois Secretary of State no longer counts toward that figure. Real estate that has to pass through probate usually takes the affidavit off the table.

An Illinois small estate affidavit can be a fast, low-cost path when it fits. It doesn’t work for every estate, though, and using it when the numbers don’t qualify can create problems later. A quick look at the assets tells you which road you’re on.

Frequently asked questions about Illinois letters of office