What to Do When Someone Dies in Kane County, Illinois
Probate in Kane 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 Kane 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
Kane County · 16th Judicial Circuit
Address
Phone
Fax
Hours
Clerk: Theresa Barreiro. Court administration website: https://www.illinois16thjudicialcircuit.org/. Article 7 (Guardianship) and Article 8 (Probate) of local rules apply.
Verified July 3, 2026 · Source
How Probate Works in Kane 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 Kane County, probate runs through the Circuit Court at 540 S. Randall Rd, St. Charles. The court sits in the 16th 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 5/6-4Verified Jul 14, 2026View source to 14 months755 ILCS 5/6-4Verified Jul 14, 2026View source to move through this process. The 6 months755 ILCS 5/18-3 (claim date not less than 6 months from first publication)Verified Jul 14, 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 Kane County
What probate costs in Kane 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 540 S. Randall Rd, St. Charles. The court is part of the 16th Judicial Circuit.
Local procedures at this court: Article 8 of the 16th Judicial Circuit Local Court Rules governs probate proceedings including supplemental proceedings, proof of heirship, will admission, bonds, inventories, accounting, guardians ad litem, distribution, and claims; Supplemental inventories must be filed within 60 days after additional real or personal property comes to the representative's attention. All inventories filed with the court must be verified. These are county-specific and not posted on the statewide court site.
Kane County runs a probate self-help center (Monday, Tuesday, Thursday, Friday 8:30 AM - 4:30 PM; Wednesday 8:30 AM - 7:00 PM), which is the single biggest cost-saver for families who can self-file. Staff can walk you through the paperwork and explain procedures, though they cannot give legal advice on your specific case. Call 630-406-7126.
The Circuit Court charges $384705 ILCS 105/27.1b(a)(2) (Clerks of Courts Act, as last amended by P.A. 104-120, eff. 1-1-26); 705 ILCS 105/27.3f(c)(1)Verified Jul 14, 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 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.23%Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Jul 14, 2026View source to 3.82%Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Jul 14, 2026View source of estate value. 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 5/12-2 (bond required), 5/12-4 (security excused by will)Verified Jul 14, 2026View source of estate value annually.
Probate in Illinois typically runs 9 months755 ILCS 5/6-4Verified Jul 14, 2026View source to 14 months755 ILCS 5/6-4Verified Jul 14, 2026View source, and costs accrue throughout. The 6 months755 ILCS 5/18-3 (claim date not less than 6 months from first publication)Verified Jul 14, 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 Kane 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 16th Judicial Circuit.
How to File Your Documents
You can file your probate documents in person or by mail. While attorneys are required to e-file in Kane County, families handling probate themselves are exempt and can file on paper.
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. Kane County has a self-help center that assists people filing without an attorney.
For a full cost comparison and filing checklist, see the Kane County Self-Filing Assessment.
Kane 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
Article 8 of the 16th Judicial Circuit Local Court Rules governs probate proceedings including supplemental proceedings, proof of heirship, will admission, bonds, inventories, accounting, guardians ad litem, distribution, and claims.
SourceDocument Requirements
Supplemental inventories must be filed within 60 days after additional real or personal property comes to the representative's attention. All inventories filed with the court must be verified.
SourceBefore You Go
You can file in person without an appointment. Walk-in service accommodated during regular business hours; public viewing room available for in-person assistance.
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 Kane 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
Kane County · Recorder of Deeds · Sandy Wegman
Address
Phone
Fax
Hours
E-recording
Recording fees
| Flat fee (any length) | $50 |
| PTAX-203 Illinois Real Estate Transfer Declaration (MyDec / PTAX-203)RequiredDeeds and trust documents transferring title. Filed electronically through the Illinois Department of Revenue MyDec system in participating counties; the paper PTAX-203 form is available only in counties not yet on MyDec.No fee for the declaration itself. A deed exempt under 35 ILCS 200/31-45 — including a transfer for less than $100 of consideration — is generally recorded with an exempt-transaction stamp rather than a valued declaration; several counties require the declaration to be completed in MyDec before the document is presented. | $0 |
Illinois recording fees are NOT uniform statewide and are NOT per-page. Under the "predictable fee schedule" regime (P.A. 103-400, eff. 1-1-24) every county board adopts by ordinance a single all-inclusive flat fee for each document class (deeds, mortgages, leases, easements, nonstandard, miscellaneous, plats). The fee is "inclusive of all county and State fees ... including ... GIS fees, automation fees, document storage fees, and the Rental Housing Support Program State and county surcharges," and may not vary with page count or other attributes of the document. Verified county deed fees run roughly $55-$100; the $18 RHSP State surcharge is embedded in that figure and is not collected from a State agency, unit of local government, or school district. Contact the county recorder for its current document-class fee. A document that does not meet the formatting standards in 55 ILCS 5/3-5018.2(c)(5) is recorded in the higher-priced "nonstandard" class.
55 ILCS 5/3-5018.2 (counties of the first and second class); 55 ILCS 5/4-12002.3 (county of the third class — Cook)
Transfer tax
$0.50 per $500 of value or fraction thereof (35 ILCS 200/31-10) State; A county board MAY impose a county real estate transfer tax of $0.25 per $500 of value or fraction thereof (55 ILCS 5/5-1031) — it is not automatic and applies only where adopted. Home-rule municipalities impose their own transfer taxes on top (Chicago is the largest). local. Transfer-on-death deeds are generally exempt (A transfer on death instrument is recorded during the owner's lifetime and transfers no interest until death (755 ILCS 27/), so no consideration passes at recording. 35 ILCS 200/31-45(e) exempts deeds "where the actual consideration is less than $100."). The Illinois real estate transfer tax reaches transfers for consideration. Exemptions are listed at 35 ILCS 200/31-45.
Standard document: $99 (effective 10/1/2024). Includes GIS fee of $48.
Verified July 13, 2026 · Source
Probate Attorneys Serving Kane County
Illinois uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Kane 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 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Kane 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
Cowlin, Naughton, Curran, Cuda & Hanzel
FirmOne of the most well-respected and longest-tenured law firms in McHenry County, with offices in Crystal Lake and Woodstock serving estate planning, probate, and real estate needs.
Location
20 Grant StreetCrystal Lake, IL 60014
Phone
(815) 459-5300
Service Area
3 counties
Dickson, Francissen & Bartz, LLP
FirmAurora firm serving Kane and DuPage County estates through the Kane County Judicial Center, with roughly 50 years handling estate, trust, and probate administration. Represents executors and trustees in settling estates and transferring closely held business and farm interests to the intended heirs, alongside estate and succession tax planning.
Location
2000 W. Galena Boulevard, Suite 209Aurora, IL 60506
Phone
(630) 897-8840
Service Area
3 counties
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
Law Office of Cynthia Hayes Hutchins, P.C.
FirmLisle firm serving DuPage County estates filed in the Wheaton probate court. Handles probate and estate administration, guardianship, and elder-law matters in addition to wills and trusts. Concentrates on elder-law and special-needs and guardianship work alongside standard estate administration.
Location
1001 Warrenville Road, Suite 500Lisle, IL 60532
Phone
(630) 510-0600
Service Area
2 counties
Law Office of Kevin Williams
Solo PracticeAurora practice focused entirely on probate and guardianship across DuPage, Kane, Kendall, Will, and Cook counties. Gets executors appointed, opens intestate estates where a relative died without a will, and represents heirs in contested probate — the settlement-side work of moving an estate through the Illinois courts. Free initial consultation.
Location
2295 Bannister LaneAurora, IL 60504
Phone
(630) 898-4789
Service Area
5 counties
Law Offices of Lauren E. Jackson
Solo PracticeKane County firm with offices in Elgin and downtown St. Charles handling wills, trusts, and probate estate administration. Guides appointed administrators through Kane County estate settlement and closes or transfers the real estate that follows a death, pairing the two in one property-focused practice.
Location
2250 Point Boulevard, Suite 230Elgin, IL 60123
Phone
(847) 714-2866
Service Area
2 counties
Melei, Petsche & Spencer, Attorneys at Law
FirmA leader in handling estate planning and probate matters since 1992, serving Crystal Lake, McHenry, Woodstock, Cary, Huntley, and St. Charles communities.
Location
454 W. Virginia StreetCrystal Lake, IL 60014
Phone
(815) 356-8000
Established
1992
Service Area
2 counties
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
NN Legal Group
FirmGlen Ellyn firm handling DuPage County estates through the Wheaton probate court. Represents executors on asset inventory, creditor claims, and beneficiary distribution, and litigates contested wills involving testamentary capacity, undue influence, or improper execution. Attorney Nicolas Nelson has more than 12 years in practice.
Location
45 S. Park Blvd., Suite 200Glen Ellyn, IL 60137
Phone
(630) 474-0925
Service Area
2 counties
Serrano Hanson & Hurtado, LLC
FirmGeneva firm serving Kane County estates through the Kane County Judicial Center. Handles probate administration — inventorying assets, paying debts and taxes, and distributing property to beneficiaries — plus trust-based transfers that avoid probate. Formed in 2024 from the merger of Serrano Hanson and the Law Office of Otto S. Hurtado.
Location
433 Williamsburg Ave.Geneva, IL 60134
Phone
(630) 844-8781
Established
2024
Service Area
4 counties
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
Firms from Neighboring Regions
Klein, Stoddard, Buck & Lewis, LLC
FirmSycamore firm appearing regularly in the DeKalb County probate court at the Gov. Charles Hartman Center. Handles will administration, intestate estate openings, will contests, guardianships, and elder-law matters for farm families, business owners, and educators across DeKalb County. More than 50 years of continuous practice in the county.
Location
2045 Aberdeen Court, Suite ASycamore, IL 60178
Phone
(815) 748-0380
Service Area
4 counties
Law Offices of Jeffrey R. Gottlieb, LLC
FirmNorthwest-suburban firm in Palatine serving Schaumburg, Arlington Heights, and surrounding northwest Cook County. Represents executors through probate, trustees in trust administration, and parties in estate and trust disputes, alongside Illinois and federal estate-tax planning. The Palatine practice traces back more than 30 years.
Location
616 N. North Court, Suite 160Palatine, IL 60067
Phone
(847) 991-2250
Service Area
5 counties
Nery & Richardson, LLC
FirmOne of the few estate and probate firms on Chicago’s Southwest Side, at 63rd Street in Cook County, with a second office in West Chicago. Prepares wills and revocable and irrevocable trusts and administers probate estates, pairing estate work with the real-estate closings that arise when a property owner dies.
Location
4258 West 63rd StreetChicago, IL 60629
Phone
(773) 232-6643
Service Area
1 county
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
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
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) (Clerks of Courts Act, as last amended by P.A. 104-120, eff. 1-1-26); 705 ILCS 105/27.3f(c)(1)
- 755 ILCS 5/12-2 (bond required), 5/12-4 (security excused by will)
- 755 ILCS 5/18-3 (claim date not less than 6 months from first publication)
- 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)
- 755 ILCS 5/6-4
- Estimated from the 17 state statutes that set an executor fee schedule (median and interquartile range at this estate value)
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 Kane County, attaching the original will (if any), the death certificate, and the filing fee ($414). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $28,870 statewide in Illinois. For Kane County, that means filing fees ($414 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 Kane 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 Kane County probate.
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