How probate works in Jo Daviess County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Jo Daviess County · 15th Judicial Circuit
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About the court
Verified October 15, 2026 · Source
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 Jo Daviess County, probate runs through the Circuit Court at 330 North Bench Street, Galena. The court sits in the 15th Judicial Circuit. The same 15th Judicial Circuit also serves Carroll, Lee, Ogle and Stephenson.
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 Jo Daviess 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 330 North Bench Street, Galena. The court is part of the 15th Judicial Circuit.
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ILCS 105/27.1b(a)(2) (Clerks of Courts Act, as last amended by P.A. 104-468, eff. 7-1-26); former 705 ILCS 105/27.3f repealed by P.A. 104-468, eff. 7-1-26Verified Oct 17, 2026View source to open a probate case.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.
Probate cases in Jo Daviess County, Illinois are filed at the Circuit Court. The court sits in the 15th Judicial Circuit.
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 Jo Daviess County Self-Filing Assessment.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
A handwritten will is filed with a typewritten copy, and a will in another language with a certified English translation.
Under Fifteenth Judicial Circuit Rule 9.2, the typewritten copy of a handwritten will comes with an affidavit that it is true and correct.
SourceMost cases can be heard in person or by Zoom.
The circuit's administrative order on remote hearings, linked from the clerk's page, sets which hearings need an in-person appearance. Each judge's Zoom meeting link is posted on the clerk's page.
SourceAn estate with no action of record for two years can be dismissed or its representative removed.
Under Fifteenth Judicial Circuit Rule 9.10, the court can also set an inactive estate for a docket call and move it to the inactive docket; a dismissed case can be reinstated for good cause within 30 days of the clerk's notice.
SourceFiled 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.
In Illinois a death is registered locally, and in Jo Daviess County certified copies of the death certificate are issued by Jo Daviess County Clerk & Recorder's Office as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
Jo Daviess County · Jo Daviess County Clerk & Recorder's Office
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| First certified copy | $20 |
| Each additional copy ordered at the same time | $10 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Jo Daviess County · Jo Daviess County Coroner's Office
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Verified November 2, 2026 · Source
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 Clerk and Recorder.
Deeds and other real property documents for Jo Daviess County are recorded with the County Clerk and Recorder at 330 North Bench Street, Suite 1C, Galena, IL 61036. Phone: 1-815-777-9694. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Clerk and Recorder charges $81 flat, regardless of page count.
Jo Daviess County accepts electronic recording through CSC, Simplifile, ePN and Hopdox.
Recording Office Record
Jo Daviess County
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| Flat fee (any length) | $81 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; Jo Daviess County Recorder Fees
Verified October 16, 2026 · Source
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 Jo Daviess 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.
Solo PracticeRockford, IL
Rockford practice on Weaver Road handling probate for executors and heirs across northern Illinois, from Jo Daviess County east to Cook. Walks personal representatives through letters of office, certified copies, the six-month creditor claim period, and out-of-state real estate, and drafts wills and trusts.
PracticesEstate PlanningProbateWills Trusts
FirmFreeport, IL
Freeport firm on South Hance Drive serving Stephenson County and northwest Illinois into southern Wisconsin, in practice for over 70 years. Guides executors and trustees through probate estate and trust administration, including estate tax compliance, and litigates contested estate and trust matters. Also handles contested and uncontested guardianships.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more
FirmFreeport, IL
Freeport firm in Stephenson County serving northwestern Illinois since 2002. Advises families on trust and estate administration after a death — paying final expenses and estate taxes and transferring assets to beneficiaries — and drafts wills, trusts, health care proxies, powers of attorney, and property deeds. Also handles farm and commercial real estate and family business succession.
PracticesEstate PlanningTrust AdministrationProbateAgricultural LawWills Trusts
FirmLa Salle, IL
La Salle firm serving the Illinois Valley, traced to a sole practice James Eugene Malone opened in La Salle circa 1909 and formerly Herbolsheimer, Duncan, Eiten & Hintz. Handles probate administration, will and trust contests, and guardianships. John S. Duncan counsels on advanced estate tax planning, marital and bypass trusts, and estate tax return preparation.
PracticesEstate PlanningProbateProbate LitigationTax Planningand 4 more
FirmLibertyville, IL
Libertyville firm serving Lake, Cook, and McHenry counties from eight Chicago-area offices. Represents executors, trustees, and beneficiaries in probate and trust administration and contested probate, and prepares wills, living and special needs trusts, and powers of attorney. Founded by brothers Gary and Stephen Newland nearly three decades ago.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
FirmTaylorville, IL
Taylorville firm practicing in Christian County since 1928. Guides executors and trustees through probate and estate administration and litigates disputes between heirs, estate challenges, trustee misconduct, and misappropriation of assets. Also drafts wills, trusts, and powers of attorney and handles guardianships for minors and incapacitated adults.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more
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.
Data sourced from Illinois statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
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.
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.
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.
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.
Browse vetted Illinois attorneys handling probate matters.
Each institution has a separate death claim process. Find yours below.
Get a complete guide for your specific circumstances.
Enter the estate value to see Illinois attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether Illinois lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
