Estate Planning & Probate in McHenry County, Illinois
McHenry County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. Start with your situation below; both paths use McHenry County's actual court and recording details.
Someone died — settling an estate
Filing probate at the Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in McHenry County →Planning ahead as a property owner
Keep a McHenry County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in McHenry County →The Probate Process in McHenry 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 McHenry County, probate runs through the Circuit Court at 2200 North Seminary Avenue, Room 136, Woodstock. The court sits in the 22nd Judicial Circuit.
Full McHenry County probate guide: cost, how to file & attorneys →Probate Court Record
McHenry County Circuit Court
McHenry County · 22nd Judicial Circuit
Phone
Hours
Office
Website
E-filing
Filing in person
Self-represented filing
Self-help forms
How to file probate in McHenry County →
Verified October 15, 2026 · Source
Recording Office Record
County Recorder
McHenry County
Phone
Hours
Office
Website
Recording fee
Verified October 16, 2026 · Source
Vital Records Office Record
County Clerk
McHenry County · McHenry County Clerk's Office
Phone
Office
Website
Certified copies
Order online
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
McHenry County · McHenry County Coroner
Phone
Hours
Office
Website
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Circuit Court
Probate and guardianship matters are heard Monday through Friday at 9:30 AM in Courtroom 357.
The Self-Represented Litigant Help Center, run by the 22nd Judicial Circuit with Prairie State Legal Services, gives procedural information, public computers and online court forms, and its staff cannot give legal advice. The McHenry County Law Library in Room 344 offers free Lexis research computers.
An original will cannot be e-filed and is filed at the civil customer service windows in Room 136. A will cannot be filed before death, filing it carries no fee, and the clerk keeps the original, with certified copies available once it is filed. Pleadings to be presented in Courtroom 357 are filed at least seven days before the court date, and proposed orders are emailed to the court's proposed-orders address. Uncontested hearings can be attended by Zoom using the case number link.
Forms for Planning and Settling an Estate in Illinois
Free Illinois forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Illinois.
Last Will and Testament
In Illinois, a will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavit755 ILCS 5/4-3Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Illinois, a pour-over will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Illinois requires 1755 ILCS 45/4-10Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required755 ILCS 45/4-10Verified Oct 15, 2026View source.
Financial Power of Attorney
Illinois treats a power of attorney as durable by default755 ILCS 45/2-3, 45/2-5, 45/2-8, 45/2-10.6, 45/3-3, 45/3-3.6, 45/3-4; 765 ILCS 5/28; 755 ILCS 5/11-1Verified Sep 18, 2026View source, and it is signed before 1755 ILCS 45/2-3, 45/2-5, 45/2-8, 45/2-10.6, 45/3-3, 45/3-3.6, 45/3-4; 765 ILCS 5/28; 755 ILCS 5/11-1Verified Sep 18, 2026View source witness and a notary.
Tools for Planning and Settling an Estate in Illinois
Free calculators and checklists to plan or settle an estate in Illinois: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Illinois, estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less skip probate with the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source.
Who Inherits Without a Will?
Without a will in Illinois, a surviving spouse takes half of the estate755 ILCS 5/2-1Verified Oct 21, 2026View source when a child or other descendant survives, and descendants divide what passes to them per stirpes755 ILCS 5/2-1Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Illinois costs an estimated $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 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 the estate under a reasonable-compensation standard.
Illinois Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in McHenry County.
Is this your situation?
Get a complete guide for your specific circumstances.
