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Illinois Compiled Statutes

755 ILCS 5/5-1 (2026)

Place of probate of will or of administration of estate

✓ current as of May 2026
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(755 ILCS 5/5-1) (from Ch. 110 1/2, par. 5-1)
    Sec. 5-1. Place of probate of will or of administration of estate.) When the will of a testator is probated or when the estate of a decedent or missing person is administered in this State, the probate or the administration shall be in the court of the county determined as follows:
    (a) In the county where he has a known place of residence;
    (b) If he has no known place of residence in this State, in the county in which the greater part of his real estate is located at the time of his death; or
    (c) If he has no known place of residence and no real estate in this State, in the county where the greater part of his personal estate is located at the time of his death.
(Source: P.A. 85-692.)

    
Notes of Decisions
Cited in 9 cases (5 in the last 5 years), 2000–2026 · leading case: Burk v. Thayer (In Re Est. of Prunty), 2018 IL App (4th) 170455 (Ill. App. Ct. 2018).
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Burk v. Thayer (In Re Est. of Prunty), 2018 IL App (4th) 170455 (Ill. App. Ct. 2018). “" He argued that, under section 5-1(a) of the Probate Act of 1975 (Probate Act) ( 755 ILCS 5/5-1(a) (West 2012) ), the administration of an estate should be "[i]n the county where [the decedent] has a known place of residence" and, in Prunty's case, that county was Macon County,…”
In re Est. of Spitler, 2023 IL App (5th) 220361-U (Ill. App. Ct. 2023). “Pursuant to section 5-1(a) of the Probate Act (755 ILCS 5/5-1(a) (West 2016)), the probate or the administration of a testator’s will “shall be in the court of the county *** where [the testator] has a known place of residence.”
In re Est. of Spitler, 2023 IL App (5th) 220361-U (Ill. App. Ct. 2023). “Pursuant to section 5-1(a) of the Probate Act (755 ILCS 5/5-1(a) (West 2016)), the probate or the administration of a testator’s will “shall be in the court of the county *** where [the testator] has a known place of residence.”
Curry v. Corbly, 2021 IL App (3d) 170778-U (Ill. App. Ct. 2021). “In support of this argument, Corbly relies entirely upon section 5-1 of the Illinois Probate Act (755 ILCS 5/5-1 (West 2016)). That section provides that, when the estate of a decedent or missing person is administered in Illinois, the administration shall be in the county where…”
In re Est. of Iverson, 2025 IL App (4th) 250363-U (Ill. App. Ct. 2025). “See 755 ILCS 5/5-1(a) (West 2024) (providing that venue for probating a will is proper in the county in which the decedent resided at the time of death).”
In re Est. of Bennett, 2026 IL App (3d) 250091 (Ill. App. Ct. 2026). “¶ 23 The Weekly Estate argues—at great length—that the probate court lacked jurisdiction pursuant to section 5-1 of the Act (755 ILCS 5/5-1 (West 2024)). Section 5-1 provides: “When the will of a testator is probated or when the estate of a decedent or missing person is…”
Schwalbach v. Millikin Kappa Sigma Corp. (Ill. App. Ct. 2005). “Nick's estate is being administered in Madison County, which is the proper forum for that proceeding (see 755 ILCS 5/5-1 (West 2000)). As previously noted, the supreme court in Moore pointed to some of the problems posed by maintaining a wrongful death action in a forum other…”
Peterson v. Wallach (Ill. App. Ct. 2000). “3(d) is applicable only in those cases where assets of the deceased pass pursuant to the Probate Act of 1975 (Probate Act) (755 ILCS 5/5-1 et seq . (West 1998)), or whether the exception is also applicable where assets of the deceased pass by means of an inter vivos trust.”
Smith v. Silver Cross Hosp. (Ill. App. Ct. 2000). “1 (West 1998)) expressly provide for the distribution of the proceeds of a claim as an asset of an estate; and the Probate Act (755 ILCS 5/5-1 (West 1998)) provides, where circumstances require, for appointment of an executor or administratrix as the personal representative who…”
— 755 ILCS 5/5-1(a) — 4 cases
Burk v. Thayer (In Re Est. of Prunty), 2018 IL App (4th) 170455 (Ill. App. Ct. 2018). “" He argued that, under section 5-1(a) of the Probate Act of 1975 (Probate Act) ( 755 ILCS 5/5-1(a) (West 2012) ), the administration of an estate should be "[i]n the county where [the decedent] has a known place of residence" and, in Prunty's case, that county was Macon County,…”
In re Est. of Spitler, 2023 IL App (5th) 220361-U (Ill. App. Ct. 2023). “Pursuant to section 5-1(a) of the Probate Act (755 ILCS 5/5-1(a) (West 2016)), the probate or the administration of a testator’s will “shall be in the court of the county *** where [the testator] has a known place of residence.”
In re Est. of Spitler, 2023 IL App (5th) 220361-U (Ill. App. Ct. 2023). “Pursuant to section 5-1(a) of the Probate Act (755 ILCS 5/5-1(a) (West 2016)), the probate or the administration of a testator’s will “shall be in the court of the county *** where [the testator] has a known place of residence.”
In re Est. of Iverson, 2025 IL App (4th) 250363-U (Ill. App. Ct. 2025). “See 755 ILCS 5/5-1(a) (West 2024) (providing that venue for probating a will is proper in the county in which the decedent resided at the time of death).”
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