What to Do When Someone Dies in DuPage County, Illinois
Probate in DuPage County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in DuPage County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Circuit Court
DuPage County · 18th Judicial Circuit
Address
505 N. County Farm RoadWheaton, IL 60187Mailing: P.O. Box 707
Phone
Fax
630-407-8575
Hours
Monday - Friday, 8:00 AM - 4:30 PM
Paper filing availableE-filing required for attorneys
Clerk: Candice Adams. DuPage County Judicial Center located at 505 N. County Farm Road, Wheaton. Court website: https://www.dupagecourts.gov/. Local rules Article 18 governs probate.
Verified June 2, 2026 · Source
How Probate Works in DuPage County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In DuPage County, probate runs through the Circuit Court at 505 N. County Farm Road, Wheaton. The court sits in the 18th Judicial Circuit.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Illinois intestacy law when there is no will.
Most Illinois estates take 9 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified Jun 19, 2026View source to 14 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified Jun 19, 2026View source to move through this process. The 6 months755 ILCS 5/18-3Verified Jun 19, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in DuPage County
What probate costs in DuPage County, Illinois comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at 505 N. County Farm Road, Wheaton. The court is part of the 18th Judicial Circuit.
Local procedures at this court: Routine probate matters are heard Monday through Friday at 9:00 AM in Courtroom 2009 at the DuPage County Judicial Center; Reports must be filed at least 30 days prior to the scheduled court date; Local Rule 5.12 requires mailing or hand-delivering a courtesy copy of filed documents to the assigned judge well in advance of the court date. These are county-specific and not posted on the statewide court site.
The Circuit Court charges $479705 ILCS 105/27.1b(a)(2) (P.A. 103-0605 eff. 7/1/2024); 705 ILCS 105/27.3fVerified Jun 19, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Circuit Court (https://efile.illinoiscourts.gov/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Illinois are negotiated, typically 2%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of estate value, based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Illinois requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%755 ILCS 5/12-2Verified Jun 19, 2026View source of estate value annually.
Probate in Illinois typically runs 9 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified Jun 19, 2026View source to 14 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified Jun 19, 2026View source, and costs accrue throughout. The 6 months755 ILCS 5/18-3Verified Jun 19, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Circuit Court
If you're handling probate yourself in DuPage County, Illinois, you can file at the Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 18th Judicial Circuit.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in DuPage County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
For a full cost comparison and filing checklist, see the DuPage County Self-Filing Assessment.
DuPage County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Court Appearances
Routine probate matters are heard Monday through Friday at 9:00 AM in Courtroom 2009 at the DuPage County Judicial Center.
SourceOther Requirements
Guardians must notify the court in writing within 14 days of any address change for minor-ward or guardian. Changes submitted via Change of Address Form to Olga.Castillo@dupagecourts.gov.
SourceBefore You Go
Hearing schedule
Monday - Friday at 9:00 AM, Courtroom 2009
What to Bring
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in DuPage County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Recorder.
Recording Office Record
County Recorder
DuPage County · County Recorder · Elizabeth Chaplin
Address
421 N. County Farm Road, First FloorWheaton, IL 60187Mailing: P.O. Box 936, Wheaton, IL 60187
Phone
Fax
630-407-5300
Hours
Monday - Friday, 8:00 AM - 4:30 PM
E-recording
Available via DuPage County eRecordE-recording info →
Recording fees
| Base recording fee | $50 |
Illinois recording fees are NOT uniform statewide. Total fees for a standard document range from approximately $50 to $99 depending on the county. Fees include a base recording fee plus county-specific surcharges for GIS, automation, document storage, and the Rental Housing Support Program (RHSP, $18 per real estate document). Contact the specific county recorder for the current total fee. Documents must meet "standard document" formatting requirements per 55 ILCS 5/3-5018.1 or may incur a non-standard surcharge.
55 ILCS 5/3-5018; 55 ILCS 5/3-5018.1 through 5/3-5018.10
Transfer tax
$0.50 per $500 of value or fraction thereof (35 ILCS 200/31-10) State; Some counties and municipalities impose additional transfer taxes (e.g., Cook County $0.25 per $500; City of Chicago $3.75 per $500 for seller, $7.50 per $500 for buyer). local. Transfer-on-death deeds are generally exempt (No consideration exchanged at recording. TOD instruments are revocable instruments recorded during the owner's lifetime with no transfer of interest until death (755 ILCS 27/).). Illinois real estate transfer tax applies only to transfers for consideration. Exemptions listed in 35 ILCS 200/31-45.
Standard document: $79; non-standard: $99 (effective 1/1/2025). Fee components include DSS $10, GIS $31, Real Property $1, RHSP $18.
Verified June 3, 2026 · Source
Probate Attorneys Serving DuPage County
Illinois uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in DuPage County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Illinois are based on reasonable compensation — typically 2%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a DuPage County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Collar Counties (Suburban Chicago) Firms
Ariano, Hardy, Ritt, Richmond, Lytle & Goettel, P.C.
FirmOne of the largest and most established law firms in Kane County, with over 35 years advising clients on estate planning, asset protection, and tax matters. Offices in South Elgin and Huntley serving the greater Fox Valley and Chicago suburban area.
Location
2000 McDonald Road, Suite 200South Elgin, IL 60177
Phone
(847) 695-2400
Established
1986
Service Area
6 counties
Estate PlanningProbate AdministrationTrust AdministrationWills Trusts
Free consultationVisit site
DLAW, PC
Solo PracticeAttorney Deanna Walker provides personalized estate plans from her Geneva office, serving communities throughout Kane, DuPage, and Kendall counties with over 25 years of legal experience.
Location
28 N. 1st Street, Suite 101Geneva, IL 60134
Phone
(331) 222-7978
Service Area
3 counties
Estate PlanningProbate AdministrationWills Trusts
Free consultationVisit site
Kuhn, Heap & Monson
FirmServing Chicagoland since 1978 with estate planning and administration services. Five attorneys with Super Lawyers or Rising Stars recognition.
Location
552 S Washington St, Suite 100Naperville, IL 60540
Phone
(630) 420-8228
Established
1978
Service Area
1 county
Estate PlanningProbate AdministrationWills Trusts
Free consultationVisit site
Nagle & Giese, P.C.
FirmFormerly McSwain Nagle Giese & Rapp. Wheaton and St. Charles attorneys helping clients create or update estate plans across DuPage and Kane counties.
Location
400 Knoll Street, Suite BWheaton, IL 60187
Phone
(630) 407-1200
Service Area
2 counties
Estate PlanningProbate AdministrationWills Trusts
Free consultationVisit site
Roberts & Caruso
FirmDuPage County firm providing comprehensive representation in probate administration, contested estates, trust litigation, and estate planning from offices in Wheaton and Chicago.
Location
411 W. WesleyWheaton, IL 60187
Phone
(630) 510-1800
Service Area
2 counties
Estate PlanningProbate AdministrationProbate LitigationTrust Administration
Free consultationVisit site
Collander Law Offices, Ltd.
FirmNaperville law firm providing estate planning and probate services to families in the collar counties since 1979.
Location
608 South Washington Street, Suite 307Naperville, IL 60540
Phone
(630) 420-1333
Established
1979
Estate PlanningProbate Administration
Free consultationVisit site
Firms from Neighboring Regions
Charles M. Zarzecki, P.C.
Solo PracticeOrland Park solo practice serving south suburban Cook, DuPage, and Will counties. Guides executors, administrators, and heirs through probate and estate administration — will interpretation, asset identification and distribution, real-estate sales, and account closure — with particular depth on the tax side of settling an estate.
Location
13500 Circle Drive, Suite 203Orland Park, IL 60462
Phone
(708) 361-7766
Service Area
3 counties
Estate PlanningProbate AdministrationWills Trusts
Free consultationVisit site
Peck Ritchey, LLC
FirmPremier boutique firm specializing in estate/trust litigation, guardianship, and elder law. U.S. News Tier 1 Elder Law firm in Chicago.
Location
321 S Plymouth Ct, 6th FloorChicago, IL 60604
Phone
(312) 201-0900
Service Area
3 counties
Elder LawProbate LitigationProbate AdministrationEstate Planning
Free consultationVisit site
Wilson & Wilson Estate Planning & Elder Law, LLC
FirmSince 1983, Wilson & Wilson has provided estate planning and elder law counsel from La Grange and Deerfield, with specialization in Medicaid planning and special needs planning.
Location
1023 W. 55th Street, Suite 200La Grange, IL 60525
Phone
(708) 482-7090
Established
1983
Service Area
2 counties
Estate PlanningElder LawProbate AdministrationTrust Administration
Visit site
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
- 705 ILCS 105/27.1b(a)(2) (P.A. 103-0605 eff. 7/1/2024); 705 ILCS 105/27.3f
- 755 ILCS 5/12-2
- 755 ILCS 5/18-3
- 755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)
- 755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)
- 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)
Data sourced from Illinois statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Circuit Court in DuPage County, attaching the original will (if any), the death certificate, and the filing fee ($398). Once the court issues letters, the personal representative can act.
Total probate costs usually run 3–8% of the estate value. For DuPage County, that means filing fees ($398 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Circuit Court in DuPage County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Illinois self-filing assessment scores whether this estate can be handled without one.
A simple Illinois probate typically closes in 6–9 months; average estates run 9–14 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of DuPage County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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