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 acceptedOriginal wills are filed in person at the clerk's civil customer service windows in Room 136, where the clerk also hands out the forms to probate an estate.
Self-represented filing
AllowedThe clerk's probate page carries the county's own forms to open an estate with or without a will, to declare heirship and to close an independent administration.
Hearing schedule
Probate and guardianship matters are heard Monday through Friday at 9:30 AM in Courtroom 357.
Self-help center
Michael J. Sullivan Judicial Center, Room 3461-815-334-0317 · selfhelpcenter@22ndcircuitil.gov · Monday-Friday 8:00 AM-1:00 PM and 2:00 PM-4:30 PMThe 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.
Probate Scheduling (Courtroom 357)1-815-334-4310Questions about probate court settings and the judge's availability go to this clerk's office line.
Law Library1-815-334-4166 · Room 344 · lawlibrary@22ndcircuitil.gov · Monday-Friday 8:00 AM-noon and 1:00 PM-4:30 PM
About the court
The clerk's civil customer service windows are in Rooms 136 and 353. Filers can use an e-file computer workstation in the clerk's office free of charge during business hours.
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.
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 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 Avenue, Room 136, Woodstock. The court is part of the 22nd Judicial Circuit.
Procedures at this court that affect cost: A supervised representative accounts within 60 days after each year from letters.
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 McHenry County, Illinois are filed at the Circuit Court. The court sits in the 22nd Judicial Circuit.
Beside the filing office, the court lists separate lines for Probate Scheduling (Courtroom 357) and Law Library.
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.
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
Original wills are filed on paper in Room 136
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.
Probate filings go in at least seven days before they are presented
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.
The petition and inventory disclose any safe deposit box
The petition to appoint a representative states whether the decedent had a safe deposit box and where, and the inventory lists the box with an itemized, certified statement of its contents. A box found later goes on a supplemental inventory within 30 days of discovery.
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 McHenry County
In Illinois a death is registered locally, and in McHenry County certified copies of the death certificate are issued by McHenry County Clerk's Office as well as by Illinois Department of Public Health - Division of Vital Records.
McHenry County Clerk
Vital Records
2200 North Seminary Avenue
Woodstock, IL 60098
Local rule
The Clerk holds death records from 1878 forward and takes no order over the phone. A person who is not a relative includes a letter or document from the office or agency needing the certificate.
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 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.
McHenry County accepts electronic recording through CSC, ePN, Hopdox, Indecomm and Simplifile.
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 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.
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
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
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.
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
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
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
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.
$
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.
