Illinois · Estate Tax

Illinois Estate
Tax Calculator

Estimate estate tax liability using Illinois's exemption thresholds and rates.

6 min readReviewed by the Made for Law editorial team
IL
Illinois
YesState Estate Tax
$4,000,000State Exemption
102Counties
Free tool

Estimate your Illinois Estate Tax

Estimate estate tax liability using Illinois's exemption thresholds and rates.

· Data sourced from Illinois statutes and court fee schedules.

Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer

Quick answer

Illinois imposes a state estate tax with a $4,000,000 exemption (755 ILCS 5/27-2).

Key Takeaways

  • Illinois imposes a state-level estate tax with an exemption of $4,000,000
  • Estates above the exemption threshold must file a Illinois estate tax return in addition to any federal return
  • Reasonable compensation executor fees are deductible as administration expenses on the estate tax return
  • Estates under $100,000 may qualify for simplified procedures and are unlikely to face estate tax liability
Illinois at a glance

Key facts for Illinois estate tax

State Estate Tax
Yes
State Estate Tax
State Exemption
$4,000,000
State Exemption
Counties
102
Counties
In depth

What drives estate tax in Illinois

Large estate property requiring tax assessment — Illinois
Estate Tax Estimator — Illinois

Estate Tax in Illinois

Illinois imposes a state estate tax with an exemption of **$4 million**, one of the lower thresholds among estate-tax states. The tax is structured as a graduated rate that effectively ranges from approximately 0.8% to 16% on the taxable estate.

Illinois taxes the entire estate once it exceeds the $4 million threshold, not just the excess — this creates a "cliff" effect where an estate worth $4,000,001 owes tax on the full amount above zero.

This cliff effect is one of the most aggressive features in any state estate tax system. This means estate reduction strategies near the $4 million threshold can produce outsized savings.

Charitable gifts, lifetime transfers, and irrevocable trusts are frequently employed to keep Illinois taxable estates below the exemption.

Federal vs. State Estate Tax

The gap between the Illinois exemption (**$4 million**) and the federal exemption ($15 million) is substantial. Many Illinois estates that owe state estate tax owe nothing at the federal level.

Illinois does not offer portability of its estate tax exemption, so married couples often need separate planning to use both state exemptions.

Because Illinois taxes the entire estate once the exemption is exceeded (rather than just the excess), effective planning requires precise valuation. Obtain qualified appraisals for real estate, closely held business interests, and other hard-to-value assets to keep the estate below — or, if it must exceed — optimally above the threshold.

High-net-worth lifestyle assets in estate in Illinois
Illinois estate tax estimator

Illinois-Specific Planning Considerations

Credit shelter trusts (also called bypass trusts) are a cornerstone of Illinois estate planning for married couples. By funding a trust at the first spouse's death up to the Illinois exemption amount, both spouses' exemptions are preserved.

Without this structure, the first spouse's Illinois exemption is lost because no portability exists.

Illinois also imposes a generation-skipping transfer tax that mirrors the federal GST tax. Those structuring dynasty trusts or other multi-generational vehicles for Illinois estates must account for both the federal and state GST layers.

Cook County estates may also face higher administrative costs due to the volume of cases in the Cook County Circuit Court probate division.

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How Federal and Illinois Estate Taxes Interact

Illinois residents with taxable estates face a two-layer system: the federal estate tax (exemption of $15 million in 2025, top rate of 40%) and the Illinois estate tax (exemption of $4 million). The gap between these exemptions creates a range where only the state tax applies.

An estate valued at $8 million, for example, may owe Illinois estate tax while owing nothing at the federal level.

The federal return (Form 706) allows a deduction for state estate taxes paid, which partially offsets the double-taxation effect but does not eliminate it. The state tax is deductible on the federal return as an estate administration expense or under the state death tax credit rules, depending on the estate's circumstances.

The net result is that combined effective rates in Illinois can exceed 45% on estates large enough to trigger both layers.

Planning for this interaction requires modeling both taxes simultaneously. Strategies that reduce the Illinois taxable estate — such as lifetime gifts, charitable bequests, and irrevocable trusts — may also reduce federal exposure, but the relative benefit depends on where the estate falls within each jurisdiction's rate brackets.

Use our Illinois estate tax calculator to model both layers side by side, and check the Illinois probate cost calculator to estimate administration expenses.

Luxury assets subject to estate taxation in Illinois
Estate Tax Estimator resources — Illinois

Portability and Bypass Trusts in Illinois

Federal law permits a surviving spouse to use the deceased spouse's unused exclusion (DSUE) — commonly called portability — by timely filing Form 706 for the first-to-die spouse. This allows married couples to shelter up to $30 million federally without trust-based planning.

However, most estate-tax states, including Illinois, do not offer portability of the state exemption.

This asymmetry makes bypass trusts (also called credit shelter trusts or B trusts) essential in Illinois. At the first spouse's death, funding a bypass trust up to the Illinois exemption amount preserves that exemption for state tax purposes.

Without the trust, the unlimited marital deduction passes everything to the surviving spouse tax-free at the first death — but the surviving spouse's estate then has only one Illinois exemption, effectively wasting the first spouse's.

The bypass trust should be sized carefully. Overfunding it beyond the Illinois exemption wastes the marital deduction benefit; underfunding it fails to capture the full state exemption.

For married couples with estates above $4 million but below $15 million, the bypass trust is the single most impactful planning tool available. Review your plan with the Illinois estate tax estimator, and use the executor fee calculator to account for administration costs in your projections.

Estate Tax Planning Strategies for Illinois

The $4 million Illinois exemption establishes a lower threshold than the federal exemption, making proactive estate reduction strategies more urgent. Irrevocable trusts are the primary vehicle: irrevocable life insurance trusts (ILITs) remove life insurance proceeds from the taxable estate, spousal lifetime access trusts (SLATs) allow married couples to remove assets while retaining indirect access, and qualified personal residence trusts (QPRTs) transfer a home at a discounted gift tax value.

Annual exclusion gifting — currently $19,000 per recipient (2025) — reduces the taxable estate dollar-for-dollar without consuming the lifetime gift exemption. For Illinois residents near the $4 million threshold, a sustained gifting program over several years can bring the estate below the state exemption entirely.

Charitable remainder trusts (CRTs) and charitable lead trusts (CLTs) offer additional reduction while generating income tax deductions.

GRATs (grantor retained annuity trusts) are particularly effective in low-interest-rate environments, transferring asset appreciation to beneficiaries with minimal or zero gift tax cost. For Illinois business owners, entity-level planning — family limited partnerships, LLCs with valuation discounts, and buy-sell agreements — can reduce the reportable value of closely held interests for both state and federal purposes.

Compare strategies using the Illinois estate tax calculator or find a Illinois estate planning attorney.

Frequently asked

Questions families ask about Illinois estate tax

Edited and reviewed by our editorial team. Answers are general information — not legal advice.

What is the estate tax threshold in Illinois?

Illinois imposes a state estate tax on estates exceeding $4 million. This is separate from the federal estate tax exemption of $15 million (2025). Estates above the Illinois threshold must file a state estate tax return and pay any tax due, even if no federal estate tax is owed.

Who pays estate tax in Illinois?

The estate itself — not individual beneficiaries — is responsible for paying Illinois estate tax. The personal representative or executor files the return and pays the tax from estate assets before distributions to beneficiaries. In practice, this reduces the amount available for inheritance.

How do state and federal estate taxes interact in Illinois?

The federal and Illinois estate taxes are computed independently using separate exemptions and rate schedules. State estate tax paid is generally deductible on the federal return. Estates between $4 million and $15 million owe only Illinois tax; estates above $15 million owe both.

Can estate tax be avoided in Illinois?

Legitimate strategies include lifetime gifting, irrevocable trusts, charitable deductions, and bypass trusts for married couples. These tools can reduce the taxable estate below the $4 million threshold. Changing domicile to a non-estate-tax state is another approach, though it requires genuine relocation and consistent domicile indicators. Note that estate tax is distinct from inheritance tax — see the inheritance tax overview to understand both transfer taxes.

What is the estate tax filing deadline in Illinois?

Illinois estate tax returns are generally due nine months after the date of death, aligning with the federal Form 706 deadline. Extensions may be available for filing (not payment) by submitting a timely request. Late filing penalties and interest accrue on unpaid balances from the original due date.

Does Illinois have a marital deduction?

Yes. Like the federal estate tax, Illinois provides an unlimited marital deduction for property passing to a surviving spouse who is a U.S. citizen. This defers — but does not eliminate — estate tax until the surviving spouse's death. Proper planning ensures both spouses' exemptions are preserved through bypass trusts or other vehicles.

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Key statutes: 755 ILCS 5/27-2

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Legal information, not legal advice. The Estate Tax Estimator for Illinois produces estimates based on public fee schedules and state statutes. Actual costs vary by case. For advice about your situation, consult a licensed Illinois attorney.

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