What to Do When Someone Dies in McHenry County, Illinois
Probate in McHenry 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 McHenry 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
McHenry County · 22nd Judicial Circuit
Address
Phone
Fax
Hours
Clerk: Katherine M. Keefe. Civil customer service windows in Room 136 and Room 353.
Verified July 3, 2026 · Source
How Probate Works 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 Ave Rm 136, Woodstock. The court sits in the 22nd 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 McHenry County
What probate costs in McHenry 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 2200 North Seminary Ave Rm 136, Woodstock. The court is part of the 22nd Judicial Circuit.
Local procedures at this court: All probate filings must be submitted electronically unless exempted for good cause. Original wills are NOT accepted electronically and must be filed in person at Room 136; Wills must be filed within 30 days after the date of death. No filing fee for will submission. Wills cannot be filed prior to death. Deceased must have been a McHenry County resident; First Annual Account due within 14 months after Letters of Office issuance. Subsequent accounts due on the same calendar day each year. These are county-specific and not posted on the statewide court site.
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 McHenry 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 22nd 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 McHenry 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.
For a full cost comparison and filing checklist, see the McHenry County Self-Filing Assessment.
McHenry 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
All probate filings must be submitted electronically unless exempted for good cause. Original wills are NOT accepted electronically and must be filed in person at Room 136.
SourceWills must be filed within 30 days after the date of death. No filing fee for will submission. Wills cannot be filed prior to death. Deceased must have been a McHenry County resident.
SourceCourt Appearances
48-hour notice required to schedule a court date. Contact Civil Division at (815) 334-4190. All parties should refer to the Standing Order of the presiding judge.
SourceOther Requirements
Estates without real estate, without debts or claims, and valued at $150,000 or less may use the Small Estate Affidavit and bypass probate court.
SourceBefore You Go
You can file in person without an appointment. Civil/probate filing at customer service windows in Room 136. Original wills accepted in person at Room 136.
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 McHenry 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
McHenry County · County Recorder · Joseph J. Tirio
Address
Phone
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.
Verified July 13, 2026 · Source
Probate Attorneys Serving McHenry County
Illinois uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in McHenry 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 McHenry 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
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
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
Brynteson Law Firm
FirmEstate planning law firm with 35 years of experience serving Winnebago, Boone, DeKalb, Stephenson, and McHenry counties.
Location
2969 Rolling Meadow CtBelvidere, IL 61008
Phone
(708) 667-6868
Service Area
5 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 McHenry County, attaching the original will (if any), the death certificate, and the filing fee ($364). 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 McHenry County, that means filing fees ($364 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 McHenry 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 McHenry County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
