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)).
Filing in person
Walk-ins acceptedWalk-in service accommodated during regular business hours; public viewing room available for in-person assistance.
Self-represented filing
AllowedThe clerk's forms page carries the circuit's own probate forms, from the new-case information sheet to the final report. Where the Illinois Supreme Court publishes a standardized form for a filing, that form must be used.
Hearing schedule
Decedent estate motions and status calls Tuesday through Friday at 9:30 AM in Courtroom 110
Self-help center
2nd floor, Kane County Judicial Center, 37W777 IL Route 38, St. Charles, IL 601751-630-406-7126 · Monday, Tuesday, Thursday, Friday 8:30 AM-4:30 PM; Wednesday 8:30 AM-7:00 PM · Assistance in Spanish in addition to EnglishThe Kane County Law Library and Self Help Legal Center offers court forms, legal information and computers with scanners for e-filing. Volunteer lawyers at the Aurora and Gail Borden public libraries help with document review and e-filing, with a Spanish interpreter available.
Civil and probatecivilspecialist@kanecountyil.govTakes questions on civil case types, probate and guardianship included.
E-filing supportcicofficeoperations@kanecountyil.govAnswers e-filing issues and questions.
Research and copiesresearch@kanecountyil.govHandles requests for copies of court documents.
About the court
Decedent estates are heard in Courtroom 110 at the Kane County Courthouse. Filings are also taken at the clerk's satellite offices at the Judicial Center, the Courthouse and the Aurora branch court, each closed for an hour at lunch. Kane County Local Rule Article 8 governs probate proceedings.
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 South Randall Road, 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 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 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 South Randall Road, St. Charles. The court is part of the 16th 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.
How to File Probate at the Circuit Court
Probate cases in Kane County, Illinois are filed at the Circuit Court. The court sits in the 16th Judicial Circuit.
Beside the filing office, the court lists separate lines for Civil and probate, E-filing support, and Research and copies.
The Kane County Law Library and Self Help Legal Center offers court forms, legal information and computers with scanners for e-filing. Volunteer lawyers at the Aurora and Gail Borden public libraries help with document review and e-filing, with a Spanish interpreter available.
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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
A contest of a will, a will construction or a testamentary-trustee appointment during administration is filed as a supplemental proceeding under the estate's case number.
Under Kane County Local Rule 8.01, the fee is paid when the action is filed and the judge assigned to the estate hears it unless the presiding judge of the Civil Division orders otherwise.
A claim based on a written instrument is filed with a copy of the instrument.
Under Kane County Local Rule 8.20, a representative or attorney who files a claim against the estate also asks the court to appoint, or waive, a special administrator to defend for the estate.
A petition to admit a will is filed with a facsimile of the will and an affidavit that it is a copy.
Under Kane County Local Rule 8.04, a handwritten will also needs a typewritten copy with an affidavit that it is correct, and a will in another language needs a certified translation.
Heirship is proved by testimony in open court, by affidavit or by deposition.
Under Kane County Local Rule 8.03, a person seeking an order declaring heirship with no probate petition pending files a verified petition naming the decedent, the date and place of death, and each heir's name and last known address.
A supplemental inventory is filed within 60 days after more property comes to the representative's attention, and every inventory filed with the court is verified.
Kane County Local Rule 8.10 sets the inventory's contents, including money on hand, each parcel of real estate with its legal description, each item of personal estate, encumbrances, and the bond in force.
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 Kane County
In Illinois a death is registered locally, and in Kane County certified copies of the death certificate are issued by Kane County Clerk, Vital Records as well as by Illinois Department of Public Health - Division of Vital Records.
Besides Geneva, the Clerk takes requests at its Aurora and Elgin offices, with photo identification and proof of relationship or of a personal or property right interest. The office holds records of deaths in Kane 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 Kane County are recorded with the County Recorder at 719 South Batavia Avenue, Building C, Geneva, IL 60134. Phone: 1-630-232-5935. Hours: Monday-Friday 8:30 AM-4:30 PM (plats stop at 3:00 PM, documents stop at 4:15 PM).
The County Recorder charges $99 flat, regardless of page count.
Kane County accepts electronic recording through CSC, Simplifile and Hopdox.
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 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.
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.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
Office
2000 McDonald Road, Suite 200South Elgin, IL 60177
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.
Crystal Lake firm of five attorneys serving McHenry, Lake, and Kane counties. Guides families through Illinois probate — validating the will, inventorying and appraising property, paying debts, and distributing assets — and handles guardianships for adults and minors, with attorneys appointed as guardian ad litem. Wills, trusts, and real estate round out the practice.
PracticesEstate PlanningProbateConservatorshipGuardianshipand 3 more
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.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more
Office
2000 W. Galena Boulevard, Suite 209Aurora, IL 60506
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.
PracticesEstate PlanningProbateProbate LitigationTax Planningand 3 more
Office
2 Trans Am Plaza Drive, Suite 160Oakbrook Terrace, IL 60181
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.
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.
Enter the estate value to see Illinois attorney fees, executor fees, court costs and the timeline.
Examples:
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.
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See whether you can file probate yourself
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.
