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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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Illinois' “per stirpes” law dictates that half of the estate passes to the surviving spouse while the other half is divided among children, grandchildren, and great-grandchildren. If there is no surviving spouse, the entire estate passes to the deceased's children.
Another key difference: While there is no federal inheritance tax, there is a federal estate tax. The federal estate tax generally applies to assets over $13.61 million in 2024 and $13.99 million in 2025, and the federal estate tax rate ranges from 18% to 40%.
Calculate Taxable Estate: Derive the taxable estate by subtracting the $4 million state exemption from the adjusted estate value. If the result is negative, the estate owes no tax. Apply Tax Rate: Apply Illinois estate tax rates, which vary from 0.8% to 16%, to the taxable estate value.
Illinois has an estate tax exemption of $4 million per person, meaning that if you pass away with an estate valued at $4 million or less (this includes real estate, investment and retirement accounts, business interests etc.) generally speaking, you will not be subject to Illinois estate taxes.
Illinois Estate Tax Exemption The estate tax threshold for Illinois is $4 million. This means that if you die and your total estate is worth less than $4 million, the estate won't owe anything to the state of Illinois.
Do You Need to File an Illinois Estate Tax Return? If the gross estate of an Illinois resident has a value of more than $4 million, the personal representative or executor of the estate must file a state estate tax return. (Smaller estates won't need to file a return.) (35 Ill.
You must also file Illinois Schedule NR (Form IL-1041), Nonresident Computation of Fiduciary Income, to determine the income that is taxed by Illinois during the tax year.
Use Form 1310 to claim a refund on behalf of a deceased taxpayer.
To have a refund issued to anyone other than a surviving spouse or court-appointed or certified personal representative, file IRS Statement of Person Claiming Refund Due a Deceased Taxpayer (Form 1310) when filing the federal return.
Refunds: Representatives do not need to have a POA relationship to claim a deceased taxpayer's refund check, but they do need to file the IRS Statement of Person Claiming a Refund Due a Deceased Taxpayer (Form 1310) with us.