South Elgin and Huntley firm serving Kane, McHenry, DuPage, DeKalb, Kendall, and Cook counties. Handles wills and trusts, probate, trust administration, guardianships, and special needs trusts, and represents executors and beneficiaries in will contests and estate litigation.
What to Do When Someone Dies in DuPage County, Illinois
How probate works in DuPage County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
DuPage County Circuit Court
DuPage County · 18th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
505 North County Farm Road, Wheaton, IL 60187
Website
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysProbate filings are e-filed through eFileIL by attorneys and self-represented filers alike. An original will cannot be e-filed and is filed with the clerk on paper. A self-represented filer without home internet access, an email account, or a credit card or bank account can file on paper after filing the Certification for Exemption From E-filing. On paper: Original wills, which are filed with the clerk on paper (Ill. S. Ct. R. 9(c)(1)).
Self-represented filing
AllowedCourtroom 2011 accepts only DuPage County probate forms, which the clerk's form search lists under the Probate category. A filer without an attorney enters DuPage attorney number 99500 when e-filing.
Hearing schedule
- Monday through Friday in Courtroom 2011: opening and closing estates at 8:30 AM, the probate call at 9:00 AM, and contested non-evidentiary matters at 10:00 and 11:00 AM.
Self-help center
- Room 2017, second floor of the courthouseThursday 1:00 PM-4:30 PMVolunteer attorneys from the DuPage County Bar Association answer questions from self-represented filers at the civil law Ask a Lawyer help desk.
County forms
- Petition for Probate of Will and for Letters Testamentary (3807)Open an estate and ask the court to admit the will and appoint the named executor.
- Petition for Letters of Administration (3812)Open an estate when there is no will and ask the court to appoint an administrator.
- Petition for Admission of Will and Summary Administration (3806)Ask for summary administration of an estate with a will.
- Petition for Summary Administration (Intestate) (3803)Ask for summary administration of an estate without a will.
- Affidavit of Heirship, Spouse and/or Descendants (3842)List the heirs when the decedent left a spouse or descendants.
- Affidavit of Heirship, Collateral Heirs (3841)List the heirs when the decedent left no spouse or descendants.
- Oath of Office (3704)The representative's oath, signed before a notary and filed when the estate opens.
- Bond of Legal Representative, Surety (3721) and No Surety (3702)The representative's bond, required to open every estate in Courtroom 2011.
- Notice to Heirs and Legatees (3820)Notify heirs and legatees that the estate has been opened.
- Final Report of Independent Representative (3815)Report the administration and distribution when closing an independent estate.
- Receipt of Distribution (3832)Signed by each person who takes under the estate, including the representative, before closing.
- Claim Against Estate (3709)File a creditor's claim against a decedent's estate.
P.O. Box 707
Wheaton, IL 60187
Fax
1-630-407-8575
Departments
- Criminal and Traffic1-630-407-8600
- Accounting1-630-407-8594
- TDD (Hearing Impaired)1-630-407-8711
- Courtroom 2011 (Probate)1-630-407-8738 · Courtroom 2011, 505 North County Farm RoadThe judge's administrative assistant schedules 9:00 AM motions and petitions to probate a copy of a will.
- Law Library1-630-407-8811 · 2nd Floor, south end, DuPage County Judicial Center · lawlibrary@dupagecourts.govOpen to the public for legal research, with statutes, forms and research databases.
About the court
- Decedent estates are heard in Courtroom 2011 of the Chancery Division, and guardianships in Courtroom 2009. The Circuit Court Clerk's office is on the first floor of the courthouse.
Verified October 15, 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 North 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 months to 14 months to move through this process. Creditors have 6 months755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
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 North County Farm Road, Wheaton. The court is part of the 18th Judicial Circuit.
Procedures at this court that affect cost: An estate can be closed without a court appearance; The first account is due about a year after letters issue.
The Circuit Court charges $284705 ILCS 105/27.1b(a)(2) (Clerks of Courts Act, as last amended by P.A. 104-468, eff. 7-1-26); former 705 ILCS 105/27.3f repealed by P.A. 104-468, eff. 7-1-26Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Illinois are negotiated, typically 1.9%Modeled estimate under 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3%Modeled estimate under 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Illinois allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules pay755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Illinois requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 755 ILCS 5/12-2 (bond required), 5/12-4 (security excused by will)Verified Sep 8, 2026View source of estate value annually.
Probate in Illinois typically runs 9 months to 14 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate cases in DuPage County, Illinois are filed at the Circuit Court. The court sits in the 18th Judicial Circuit.
Beside the filing office, the court lists separate lines for Criminal and Traffic, Accounting, TDD (Hearing Impaired), and Courtroom 2011 (Probate).
Volunteer attorneys from the DuPage County Bar Association answer questions from self-represented filers at the civil law Ask a Lawyer help desk.
Can You File Without an Attorney?
In Illinois, informal probate is not available755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
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
An estate can be opened without a court appearance.
File the opening documents electronically, then mail or hand-deliver paper copies with the Opening Estate Cover Sheet and the original bond to Courtroom 2011. Every blank on the petition takes a number, and the petition, affidavit of heirship, oath and bond carry wet signatures witnessed by a notary. The judge reviews the packet, and Letters of Office issue electronically once the opening order is approved.
SourceProbating a copy of a will requires leave of court.
A petition to probate a copy of a will is scheduled with the judge's administrative assistant, attaches the copy, and goes to every interested party unless all have signed consents.
SourcePaper courtesy copies are still required in e-filed cases.
Paper courtesy copies of documents customarily provided to the judge remain required after e-filing unless a court order says otherwise (18th Circuit Local Rule 5.12(h)).
SourceGuardianship reports are filed at least 30 days before the court date.
A guardian e-files the biennial report, or a court-ordered annual accounting and report, at least 30 days before the scheduled court date, and reports an address change for the ward or guardian within 14 days through the clerk.
SourceDocument Requirements
The original will is filed first and given a WF number.
An original will must be filed with the clerk and assigned a WF number before the estate opens, and that number goes on the Opening Estate Cover Sheet. The packet also carries a highlighted copy of the parts of the will that nominate the petitioner, waive surety and hold the signed attestation clause.
SourceA bond is required to open every estate.
A bond without surety is accepted only from a nominated executor whose will waives bond or surety; every other individual petitioner mails in an original surety bond from an insurance company. The minimum bond is $1,000 when the personal property and annual income are zero.
SourceA handwritten or foreign-language will needs a typed copy or translation.
A handwritten will is filed with a typewritten copy and an affidavit that the copy is correct, and a will in another language with a certified translation (18th Circuit Local Rule 18.01).
SourceCourt Appearances
The 9:00 AM probate call can be attended by Zoom.
Parties may appear by Zoom for the 9:00 AM status and motion call, and appear in person for emergency motions, evidentiary hearings, settlement conferences and trials. Paper courtesy copies of motions reach the judge seven days before presentment.
SourceWhat to Bring
Filed with the opening petition at the Circuit Court: Copy of the death certificate, which the Cook County Clerk asks for when the will is filed; the Probate Act and the court rules do not require one, and a plain copy serves; Original will and any codicils, filed with the clerk on paper (755 ILCS 5/6-1 "Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county"; Ill. S. Ct. R. 9(c)(1) excepts original wills from e-filing entirely — they "may not be electronically filed")755 ILCS 5/6-2, 5/6-8 (admit will & issue letters testamentary); 755 ILCS 5/9-3, 5/9-4 (letters of administration & preference); 755 ILCS 5/12-2 to 12-5 (oath & bond); 755 ILCS 5/28-2 (independent administration); 755 ILCS 5/6-13, 5/9-1 (who may act)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in DuPage County
In Illinois a death is registered locally, and in DuPage County certified copies of the death certificate are issued by DuPage County Clerk's Office, Vital Records Department as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
County Clerk
DuPage County · DuPage County Clerk's Office, Vital Records Department
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
421 North County Farm Road, Wheaton, IL 60187
Website
Certified copies
At the counter
Order online
DuPage County Clerk
P.O. Box 1028
Wheaton, IL 60187
Local rule
- The Clerk issues copies only for deaths that occurred in DuPage County. The DuPage County Health Department, where deaths are filed, also issues certified copies for deaths from 1953 on at its four public health centers.
Certified copy fees
| First certified copy | $18 |
| Each additional copy ordered at the same time | $6 |
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Coroner
DuPage County · DuPage County Coroner's Office
Phone
Office
414 North County Farm Road, Wheaton, IL 60187
Website
Cremation authorization
Signed by this office
Mail and offices
Fax
1-630-407-2601
Verified November 1, 2026 · Source
Transferring Property in DuPage County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Recorder.
Deeds and other real property documents for DuPage County are recorded with the County Recorder at 421 North County Farm Road, 1st Floor, Wheaton, IL 60187. Phone: 1-630-407-5400. Hours: Monday-Friday 8:00 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 936, Wheaton, IL 60187.
The County Recorder charges $86 flat, regardless of page count.
DuPage County accepts electronic recording through CSC, ePN, Hopdox, Indecomm and Simplifile.
Recording Office Record
County Recorder
DuPage County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
421 North County Farm Road, 1st Floor, Wheaton, IL 60187
Website
P.O. Box 936
Wheaton, IL 60187
Fax
1-630-407-5300
Recording fees
| Flat fee (any length) | $86 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; DuPage County Recorder Document Classifications Fees
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving DuPage County
Illinois allows independent administration755 ILCS 5/28-1, 5/28-2 (independent administration granted unless the will forbids it or an interested person objects)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Illinois are based on reasonable compensation, 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.
Naperville firm serving DuPage County and the western Chicago suburbs since 1979. Guides families through Illinois probate, where the court identifies heirs, appraises assets, pays valid debts, and distributes what remains, and prepares wills, trusts, and powers of attorney. Residential real estate and business formation round out the practice.
Aurora firm on West Galena Boulevard probating estates in Kane, Kendall, DuPage, Will, DeKalb, and Cook counties. Advises executors, administrators, and trustees through independent administration, trust reformation petitions, and estate and gift tax issues, and represents clients in will contests. Brings nearly 50 years of estate and farm succession planning.
Geneva practice on North 1st Street serving Kane and DuPage County families in St. Charles, Batavia, Aurora, and Elgin. Guides families through probate and decedent estate administration, including intestate estates, plus wills, trusts, powers of attorney, and adult guardianships. Attorney Deanna L. Aguinaga Walker offers free consultations.
Oakbrook Terrace firm serving DuPage, Cook, Will, and Kane counties. Represents trustees and named beneficiaries in opening, administering, and closing estates — probate court appearances, property management, final tax returns, small estates, and will contests. Attorneys Ausaf Farooqi and Naveed Husain also draft Islamic wills and trusts.
Naperville firm on South Washington Street serving DuPage County and Chicagoland since 1978. Handles estate administration, small estate administration with bond in lieu of surety, guardianships, and trust administration after a death, and drafts wills, revocable and special needs trusts, and transfer-on-death instruments.
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
(10)·
- 705 ILCS 105/27.1b(a)(2) (Clerks of Courts Act, as last amended by P.A. 104-468, eff. 7-1-26); former 705 ILCS 105/27.3f repealed by P.A. 104-468, eff. 7-1-26
- 755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12
- 755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)
- 755 ILCS 5/28-1, 5/28-2 (independent administration granted unless the will forbids it or an interested person objects)
- 755 ILCS 5/6-2, 5/6-8 (admit will & issue letters testamentary); 755 ILCS 5/9-3, 5/9-4 (letters of administration & preference); 755 ILCS 5/12-2 to 12-5 (oath & bond); 755 ILCS 5/28-2 (independent administration); 755 ILCS 5/6-13, 5/9-1 (who may act)
- 755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)
- 55 ILCS 5/3-5018.2; DuPage County Recorder Document Classifications Fees
- DuPage County Circuit Court, official page
- DuPage County Recorder, official page
- DuPage County vital records and death investigation offices, official page
Data sourced from Illinois statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Illinois
Free tools for settling an estate in Illinois: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Illinois.
How Do I Settle an Estate?
Settling an estate in Illinois: the personal representative files the estate inventory within 60 days755 ILCS 5/14-1Verified Oct 10, 2026View source of appointment; creditors have 6 months755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Illinois happens outside court: the trustee acts under the state's Uniform Trust Code760 ILCS 3/101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 days760 ILCS 3/813.1Verified Oct 10, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Illinois, informal probate is not available755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
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