Illinois Probate Bond

An Illinois probate bond guarantees an executor/administrator (personal representative) will follow the Probate Act and protect the estate and heirs from losses caused by misconduct. Courts set the bond amount—often 1.5× the estate value with a corporate surety or 2× with individual sureties—and you file it with the Circuit Court Clerk. Premiums typically run 1–5% of the bond amount, based on credit‐based underwriting. You can apply online, receive same-day approval in many cases, and renew as needed until the estate closes.

A probate bond is a three-party guarantee that protects the estate and its beneficiaries if the court-appointed representative fails to perform fiduciary duties. In Illinois, the Probate Act requires an oath and bond by the personal representative (see 755 ILCS 5/12-2), and courts commonly order the bond at appointment. It’s a type of surety bond posted by an executor/administrator and issued by a surety company. For statutory context and any court-ordered exceptions, review the Probate Act. 

Your out-of-pocket cost is the premium—typically 1–5% of the bond amount—determined through credit-based underwriting. For example, a $50,000 bond may cost about $500 at 1% for well-qualified applicants; at 5%, the same bond could cost about $2,500. The court sets the bond amount in its order. By statute and local practice, many Illinois courts require 1.5× the estate value when using a corporate surety, and 2× when using individual sureties. Premiums are paid at issuance and at renewal if administration continues. 

You can secure the bond quickly by following a simple process and filing correctly with the court. Most applicants complete everything online and receive prompt decisions. After approval and payment, you’ll file the executed bond with the Circuit Court Clerk using the court’s required form and instructions. To streamline your application and filing:

• Start an online application for a surety bond quote and upload your court order/letters.
• Underwriting reviews credit and case details; many bonds qualify the same day.
• Upon approval, pay the premium and receive bond documents.
• File with the appropriate filing court (Circuit Court Clerk). In Cook County, use the official bond form.

Yes. Lance Surety works with multiple markets to offer flexible, credit-based underwriting so applicants with challenged credit histories can still qualify. Expect transparent pricing and a clear approval path: provide complete documents, explain any credit issues, and respond quickly to underwriter requests. Many estates with non-prime credit still secure bonds, especially when financial controls are strong. Applying through our Illinois page can help you compare options for Illinois surety bonds and move forward confidently. 

Is a probate bond always required in Illinois?

Illinois courts routinely require a bond when appointing a personal representative, as guided by the Probate Act. The judge sets the requirement and amount in the appointment order. Local practices can vary, and some situations may be treated differently by the court. Always follow the instructions in your letters/order and confirm filing details with the appropriate filing court (Circuit Court Clerk), which will also advise on the bond form used in that county. 

How is the Illinois bond amount set?

The court typically ties the bond amount to the estate’s value and the type of surety. A common framework is 1.5× the estate value when a corporate surety issues the bond, and 2× the estate value when using individual sureties. If you’re filing in Cook County, the required bond form reflects the amount and includes the representative’s oath consistent with 755 ILCS 5/12-2. 

Who is protected by the bond, and what happens on a claim?

The bond protects the estate, beneficiaries, and interested parties against losses caused by the representative’s failure to follow law or court orders. If a valid claim is paid by the surety (up to the bond amount), the personal representative must reimburse the surety for the loss and related costs. This accountability helps ensure faithful performance under the Probate Act and the court’s directives throughout administration. 

How long does the probate bond last?

Coverage remains in force while the representative serves and until the court releases the bond at closing or substitution. If the estate remains open past the initial term, you’ll receive renewal notifications; renew by paying the next term’s premium to maintain continuous coverage. Keep your contact details current with the surety so reminders arrive on time, and file any court-required continuation documents with the filing court. For additional help, see our FAQs if you have more questions.

Illinois General Assembly. (n.d.). Probate Act of 1975 (755 ILCS 5/12-5). Retrieved September 11, 2025, from
https://ilga.gov/documents/legislation/ilcs/documents/075500050K12-5.htm 

Illinois Courts. (n.d.). Circuit Court. Retrieved September 11, 2025, from
https://www.illinoiscourts.gov/courts/circuit-court/ 

Clerk of the Circuit Court of Cook County. (n.d.). Bond of Representative (CCP 0312). Retrieved September 11, 2025, from
https://services.cookcountyclerkofcourt.org/forms/Forms/pdf_files/CCP0312.pdf 

Lance Surety Bonds. (n.d.). What is a surety bond? Retrieved September 11, 2025, from
https://www.lancesuretybonds.com/learn/what-is-a-surety-bond 

Lance Surety Bonds. (n.d.). Surety bond quote. Retrieved September 11, 2025, from
https://www.lancesuretybonds.com/surety-bond-quote 

Lance Surety Bonds. (n.d.). Illinois surety bonds. Retrieved September 11, 2025, from
https://www.lancesuretybonds.com/bonds-by-state/illinois 

Lance Surety Bonds. (n.d.). FAQs. Retrieved September 11, 2025, from
https://www.lancesuretybonds.com/learn/faqs