Illinois Probate Court

Probate is the process of validating a will, paying debts, and distributing a deceased person’s assets to heirs. In Illinois, the probate process is notable because estates valued under $100,000, with no real estate, may be settled without full probate proceedings through the use of a small estate affidavit. However, larger or contested estates must go through full probate in the Circuit Court of the county where the decedent resided.

How the Probate Process Works in Illinois

The probate process begins when an interested party files a petition in the county Circuit Court’s Probate Division. If the deceased left a valid will, the court confirms its authenticity and appoints the executor. Nevertheless, if there is no will, an administrator is appointed under intestacy statutes.

Subsequently, the executor or administrator must notify heirs and creditors, prepare an inventory of estate assets, pay debts and taxes, and distribute remaining property. Additionally, most estates in Illinois are supervised by the court unless they qualify for independent administration. This process allows the executor to manage the estate with limited court supervision. Probate processes usually take from six months to a year, though complex cases may extend longer.

What Are the Costs of Probate in Illinois?

Probate expenses often include filing fees, publication fees for creditor notices, attorney’s fees, and executor compensation. Filing fees, on the other hand, vary by county but typically range from $100 to $479. Moreover, executors are entitled to reasonable fees, and attorneys typically bill hourly or at flat rates. Small estate affidavits greatly reduce costs, while, depending on the size of the estate and dispute, formal probate can result in thousands of dollars in expenses.

Types of Probate Cases in Illinois

Illinois law provides several probate options, including the following:

• Testate Probate: This is a court-supervised administration of an estate guided by a will.
• Intestate Probate: This is the process for distributing an estate when there is no will.
• Independent Administration: This is a streamlined process that requires minimal court supervision. This is applicable to uncontested probate matters.
• Supervised Administration: This type of probate proceeding is often required when disputes arise during the probate process.
• Small Estate Affidavit: A legal document used to transfer a deceased person’s personal property valued at $100,000 or less, provided there is no real estate involved.

Illinois Probate Court Forms and Filing Instructions

Interested parties can access probate forms at county Circuit Courts and the Illinois Courts website. Common filings include petitions for probate, inventories, accountings, and final settlement forms. Most importantly, petitioners should consult the local Circuit Court clerk for filing details because filing requirements vary by county.

How Illinois Probate Courts Work at the County Level

Probate cases are heard in the Circuit Courts in the 102 counties in Illinois. The filing procedures, fee structures, and access to online records typically differ by county, even though all courts follow the state’s probate statutes.

Here are Illinois’s top 10 counties by population with their Probabe Courts:

1. Cook County Circuit Court Probate Division (Chicago) – With an extensive probate division, this court handles the highest number of cases in the state, including probate matters.
2. DuPage County Circuit Court (Wheaton) – Allows electronic filing for probate case documents, including those for independent administration.
3. Lake County Circuit Court Probate Division (Waukegan) – Provides various self-help resources to navigate the probate process.
4. Will County Circuit Court (Joliet) – Through the Court Schedule feature, the public, and attorneys can search for upcoming probate hearings.
5. Kane County Circuit Court (Geneva) – Through its eServices portal, this court offers online access to probate court records.
6. McHenry County Circuit Court (Woodstock) – This court provides practical support for self-represented petitioners.
7. Winnebago County Circuit Court (Rockford) – Individuals may access a wide range of probate forms on the court’s website.
8. St. Clair County Circuit Court (Belleville) – This court offers guidance on the procedures for supervised probate estates.
9. Madison County Circuit Court (Edwardsville) – Handles a substantial caseload and provides various accessible forms to the public.
10. Champaign County Circuit Court (Urbana) – This court provides access to a self-service center for self-represented litigants filing probate cases.

How to Search Probate Records in Illinois

Unless sealed by court order, probate records are generally available to the public. These records include wills, petitions, inventories, executor details, creditor claims, and distributions. Many counties, including Cook, provide online case search tools through the Clerk of the Circuit Court websites. In smaller counties, interested parties may need to visit the courthouse to conduct record searches. Lastly, certified copies must be requested from the Circuit Court clerk for a fee.