Illinois Administrator & Executor Bond

Probate Bonds From $100 – Set by the Court

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An Illinois executor bond or Illinois administrator bond — together known as a probate bond or representative's bond — is required by an Illinois Circuit Court before a representative can manage the estate of a person who has died. Under the Probate Act of 1975, 755 ILCS 5/12-2, every individual representative must file a court-approved bond before letters of office issue — and because a waiver can only come from a will (755 ILCS 5/12-4), administrators of intestate estates must post a surety bond in virtually every case. Premiums start at $100 and are paid from estate funds.

Illinois Probate Bond Pricing

Premiums are a small percentage of the required bond amount and are paid from estate funds. Sample pricing for qualified applicants:

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Executor, Administrator, or Trustee — Which Illinois Probate Bond You Need

All three cover a fiduciary who manages estate or trust assets. Illinois uses “representative” as the umbrella term, and authority is granted through “letters of office.” Which bond applies — and whether security can be excused — depends on how you were appointed:

Why Does the Illinois Circuit Court Require a Bond?

Probate in Illinois is governed by the Probate Act of 1975 (755 ILCS 5) and heard in the Circuit Court of each of the state's 102 counties. When a person dies, someone must be appointed to pay the estate's debts and distribute what remains to the rightful heirs and legatees. That representative controls assets that belong to other people, and the bond is the financial safeguard against mismanagement. Under 755 ILCS 5/12-2, every individual representative must take an oath and file a bond conditioned on the faithful discharge of the office before letters of office issue, secured under 5/12-3 by a qualified surety company or at least two individual sureties acceptable to the court.

Illinois keeps the requirement alive throughout the administration. Choosing independent administration under Article XXVIII reduces court supervision but does not eliminate the bond — the Article XII rules still apply unless a will waives them. Before a representative sells or mortgages real estate, 5/12-9 requires an additional bond covering the proceeds, and the court can require further security at any time. If the representative causes a loss, valid claims are paid from the bond, and the representative must reimburse the surety. The bond protects the estate, not the representative.

How Your Bond Amount Is Set — and Why a Surety Company Lowers It

Illinois sets the amount by statutory formula. Under 755 ILCS 5/12-5, the bond must be not less than 1½ times the value of the personal estate when a licensed surety company is the security — but double the personal estate with individual sureties. That difference makes a corporate surety like the carriers BondAbility represents the economical choice in nearly every case. If the representative takes possession of real estate, the court sets an additional amount.

Expect the figure to move with the estate: before selling or mortgaging real estate or mineral interests, 5/12-9 requires an additional bond of 1½ times the sale or mortgage value (double with individual sureties), and the court may order further bond or security whenever the existing amount becomes inadequate. The court approves the final figure at appointment — wait for it before purchasing.

Which Illinois Court Handles Your Probate

Probate is heard in the Circuit Court of each of Illinois's 102 counties, organized into judicial circuits, with filings through the circuit clerk of the county where the estate is opened. Large counties run dedicated probate divisions — the Circuit Court of Cook County's Probate Division sits at the Daley Center in Chicago. The directory below lists every county with its court website, circuit clerk phone number, and courthouse mailing address.

How To Get Your Illinois Probate Bond

1. Get appointed and receive your bond amount. The Circuit Court determines the bond from the statutory formula — 1½ times the personal estate with a surety company — during the appointment process. Wait for this figure before purchasing; executors may learn the will excused security.
2. Request your quote. Apply online or call with your court documentation. For most standard estates we can quote from the bond amount alone; larger or more complex estates may involve a review of the will and the applicant's credit.
3. Complete the short application. Provide the representative's information and the estate details.
4. File your bond and receive your letters of office. We execute the bond with the surety's Power of Attorney attached so you can file it with the circuit clerk. The court then issues your letters of office, and you can begin settling the estate.

Bond Details at a Glance

• Bond Name: Illinois Executor Bond / Illinois Administrator Bond (Representative's Bond, Probate Bond)
• Also Known As: Fiduciary bond, estate bond, letters of office bond
• Bond Amount: Not less than 1½× the personal estate with a surety company; 2× with individual sureties; additional bond for real estate sale or mortgage proceeds (755 ILCS 5/12-5, 5/12-9)
• Starting Premium: $100 for a $10,000 bond; paid from estate funds
• Obligee: Filed with and approved by the Circuit Court, conditioned on faithful discharge of the office
• Governing Law: Probate Act of 1975 — 755 ILCS 5/12-2 (oath and bond), 5/12-3 (sureties), 5/12-4 (when security excused), 5/12-5 (amount), 5/12-9 (additional bond)
• Waiver: Only by the will — so administrators cannot be excused; exceptions for nonresident executors and where the court suspects fraud, incompetence, or insolvency
• Court: Circuit Court in each of Illinois's 102 counties; Cook County's Probate Division sits at the Daley Center
• Attorney Required: No

Frequently Asked Questions

What is an Illinois administrator or executor bond?
A probate bond required by an Illinois Circuit Court under 755 ILCS 5/12-2 before a representative can receive letters of office and manage a deceased person's estate. It guarantees faithful discharge of the office and protects the estate's heirs, legatees, and creditors.

Can the bond be waived?
Only by a will. Under 755 ILCS 5/12-4, no security is required of a person excused by the will from giving bond — with exceptions for nonresident executors and cases of suspected fraud, incompetence, or an estate insufficient to pay claims. An intestate administrator cannot be excused and must post a surety bond.

Do administrators need a bond in Illinois?
Yes, virtually always. Waiver can only come from a will, so an administrator of an intestate estate must file a surety bond before letters of administration issue. Administrators to collect — Illinois's temporary fiduciaries — must give bond as well.

How much does an Illinois probate bond cost?
Premiums start at $100 for a $10,000 bond and scale with the required amount — $135 at $25,000, $260 at $50,000, $460 at $100,000, and up. The premium is paid from estate funds.

How is the bond amount determined?
By statutory formula under 755 ILCS 5/12-5: not less than 1½ times the value of the personal estate with a surety company, or double with individual sureties, plus an additional amount if the representative takes possession of real estate.

Can the amount be reduced?
Using a licensed surety company instead of individual sureties reduces the multiplier from 2× to 1½× the personal estate. Note it can also rise: selling or mortgaging real estate triggers an additional bond on the proceeds under 5/12-9.

Which Illinois court handles probate?
The Circuit Court of the county where the estate is opened — one in each of Illinois's 102 counties — through the circuit clerk's office. Large counties operate dedicated probate divisions, including Cook County's at the Daley Center.

What happens if a claim is filed against the bond?
The surety pays valid claims — from mismanagement, fraud, or failure to follow the will or Illinois law — up to the bond amount, and the representative must reimburse the surety in full. The bond protects the estate, not the representative.

Illinois Probate Court Directory

Probate in Illinois is handled by the Circuit Court in each of the state's 102 counties, with filings through the circuit clerk. Find your county below for the court's website, phone number, and courthouse mailing address.

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