Estate Planning for McHenry County, Illinois Property Owners

For most McHenry County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a McHenry County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a McHenry County home out of probate are a transfer-on-death deed recorded with the County Recorder, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, McHenry County property passes through the Circuit Court — even simple Illinois probates run 6+ months and start with $264 in filing fees. Illinois also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in McHenry County

A transfer on death instrument names a beneficiary who receives McHenry County property automatically at the owner's death, without probate. It is recorded with the County Recorder during the owner's lifetime and can be revoked at any time.

Before recording, an Illinois transfer on death instrument is signed with 2755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source witnesses and notary acknowledgment755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's death755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for McHenry County are recorded with the County Recorder at 667 Ware Road, Room 109, Woodstock, IL 60098. Phone: 1-815-334-4110. Hours: Monday-Friday 8:00 AM-4:30 PM.

Documents submitted by mail go to 2200 North Seminary Avenue, Woodstock, IL 60098.

The County Recorder charges $83 flat, regardless of page count. Recording a 2-page transfer on death instrument in McHenry County comes to $83. A transfer on death instrument is exempt from transfer tax.

McHenry County accepts electronic recording through CSC, ePN, Hopdox, Indecomm and Simplifile.

Recording Office Record

County Recorder

McHenry County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

667 Ware Road, Room 109, Woodstock, IL 60098

Mail

2200 North Seminary Avenue Woodstock, IL 60098

Fax

1-815-334-0276

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving McHenry County

FirmSouth Elgin, IL

Ariano Hardy Ritt Richmond Lytle & Goettel P.C.

Serves 6 counties

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
Free consultation

FirmCrystal Lake, IL

Cowlin, Naughton, Curran, Cuda & Hanzel

Serves 3 counties

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

Office
20 Grant StreetCrystal Lake, IL 60014
Free consultation

FirmSt. Charles, IL

Law Offices of Lauren E. Jackson

Serves 4 counties

St. Charles firm on East Main Street, with a second office in Elgin, guiding executors and administrators through probate in Kane, DuPage, McHenry, and Cook counties. Opens estates, notifies creditors, pays claims, and transfers or sells the real estate that follows a death, with flat-fee options on many probate services.

PracticesEstate PlanningProbateReal EstateWills Trusts

Office
1218 E. Main Street, Suite BSt. Charles, IL 60174
Free consultationVirtual consultations

FirmCrystal Lake, IL

Melei Petsche Spencer

Since 1992 · Serves 2 counties

Crystal Lake firm on West Virginia Street serving McHenry and Kane counties since 1992, with offices in Woodstock and St. Charles. Represents executors and administrators in probate and handles trustee and beneficiary disputes, breach-of-fiduciary-duty claims, and challenges to the validity of a will or trust. Also drafts revocable, QTIP, and special needs trusts.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
454 W. Virginia Street, Suite 100Crystal Lake, IL 60014

FirmLibertyville, IL

Newland & Newland, LLP

Serves 6 counties

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

Office
1512 Artaius Parkway, Suite 300Libertyville, IL 60048
Free consultationVirtual consultations

Solo PracticeBelvidere, IL

Brynteson Law Firm

Serves 5 counties

Belvidere solo practice serving Winnebago, Boone, DeKalb, Stephenson, and McHenry counties from a Rockford-area base. Assists executors and trustees with probate administration, trust administration, and probate litigation, and prepares wills, powers of attorney, guardianships, and elder care plans. Attorney Mark Brynteson has practiced for over 35 years.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
2969 Rolling Meadow CtBelvidere, IL 61008
Free consultationVirtual consultations
See all 22 firms serving McHenry County →

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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Data sourced from Illinois statutes and official state code. How we research.

Forms for Planning Your Estate in Illinois

Free forms for planning your estate in Illinois: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Illinois.

Free

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.

Get Started
Free

Codicil to a Will

In Illinois, a codicil is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, like a will.

Get Started
Free

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.

Get Started
Free

HIPAA Release

In Illinois, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information, mental health records and genetic information410 ILCS 305/9(1)(b); 740 ILCS 110/5; 410 ILCS 513/15(a) and 410 ILCS 513/30(a)(2)Verified Jun 19, 2026View source expressly before a provider releases them.

Get Started
Free

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.

Get Started
Free

Transfer on Death Deed

In Illinois, a transfer on death instrument is signed before a notary755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source and 2755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's death755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source. Illinois does not recognize a Lady Bird deed.

Get Started
Free

Vehicle Transfer on Death

Illinois allows a transfer-on-death beneficiary designation on a vehicle title625 ILCS 5/3-104(a-5), 3-107(b-5)Verified Oct 21, 2026View source, filed through the Illinois Secretary of State, Vehicle Services Department using Form VSD 773.

Get Started
Free

Living Will

In Illinois, the living will is the Living Will Declaration755 ILCS 35 (Illinois Living Will Act), §§ 1-10Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

Get Started

All Illinois forms

Tools for Planning Your Estate in Illinois

Free tools for planning your estate in Illinois: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Illinois and read its answer.

How Do I Sign Estate Documents?

In Illinois, a will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and notarization is not required755 ILCS 5/4-3Verified Oct 18, 2026View source.

Check the Rules

Will My Estate Documents Transfer?

Illinois recognizes a will signed under the law of the place where it was signed755 ILCS 5/7-1Verified Oct 18, 2026View source; a will signed in Illinois itself needs 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and notarization is not required755 ILCS 5/4-3Verified Oct 18, 2026View source.

Get the Answer

Trust or Will: Which Costs Less?

In Illinois, a will-based plan pays probate attorney fees of 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 the estate; a funded revocable trust keeps those assets out of probate and off that fee.

Calculate Costs

How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Illinois runs $3,680Estimate: 10 hours at $368, Clio's Illinois Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,520Estimate: 15 hours at $368, Clio's Illinois Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

Calculate Costs

How Much Does a Will Cost?

An attorney-prepared will in Illinois runs $1,002Estimate: 3 hours at $334, Clio's Illinois Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,004Estimate: 6 hours at $334, Clio's Illinois Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.

Calculate Costs

How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

Compare Options

How Do I Name a Guardian for My Minor Children?

In Illinois, a parent names a guardian for a minor child in a will or a separate signed writing755 ILCS 5/11-5(a-1), 11-5(a)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18755 ILCS 5/11-1Verified Sep 15, 2026View source.

See the Steps

Do I Need a Revocable Trust?

Probate in Illinois takes 6 months to 9 months for a simple estate and charges attorney fees of 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 the estate; assets held in a revocable trust skip both.

Get the Answer

All Illinois tools

Illinois Estate Planning Articles

Estate planning articles for Illinois.