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.
What to Do When Someone Dies in Stephenson County, Illinois
How probate works in Stephenson County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Stephenson County Circuit Court
Stephenson County · 15th Judicial Circuit
Phone
Hours
Office
Website
E-filing
Self-represented filing
E-filing
Self-help center
- 2nd floor, Stephenson County Courthouse, 15 N. Galena Ave, Freeport, IL 61032The Self-Help Center on the second floor has an e-filing kiosk and free internet-based legal self-help, with links to Illinois Court Help, Illinois Free Legal Answers, Illinois Legal Aid Online and Prairie State Legal Services.
County forms
- Claims - ContractFile a creditor's claim on a contract against a decedent's estate.
- Letters of OfficeThe clerk's form of letters of office issued to an estate's representative.
Fax
Departments
- Civil Division1-815-235-8266 · (press 3)The Civil Division takes probate matters.
About the court
- The Circuit Clerk's office is on the second floor of the courthouse, and clerks give no legal advice and do not prepare pleadings.
Verified October 16, 2026 · Source
How Probate Works in Stephenson 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 Stephenson County, probate runs through the Circuit Court at 15 North Galena Avenue, 2nd Floor, Freeport. The court sits in the 15th Judicial Circuit. Stephenson County shares the 15th Judicial Circuit with Carroll, Jo Daviess, Lee and Ogle.
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 Stephenson County
What probate costs in Stephenson 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 15 North Galena Avenue, 2nd Floor, Freeport. The court is part of the 15th Judicial Circuit.
Procedures at this court that affect cost: An executor or administrator presents the first account within 60 days after the date six months from the issue of letters, then annually.
Illinois caps the clerk's filing fee for a decedent's estate at $266, or $362 in Cook County, with the amount set by each county board. The $100 guardianship and advocacy fee that counties added through June 2026 has been repealed. Most county schedules issued since then post totals from $256 to $314, and publication is paid to the newspaper directly705 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. 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 Stephenson County, Illinois are filed at the Circuit Court. The court sits in the 15th Judicial Circuit.
Beside the filing office, the court lists a separate line for Civil Division.
The Self-Help Center on the second floor has an e-filing kiosk and free internet-based legal self-help, with links to Illinois Court Help, Illinois Free Legal Answers, Illinois Legal Aid Online and Prairie State Legal Services.
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.
For a full cost comparison and filing checklist, see the Stephenson County Self-Filing Assessment.
Stephenson County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
A handwritten will is filed with a typewritten copy, and a will in another language with a certified English translation.
Under Fifteenth Judicial Circuit Rule 9.2, the typewritten copy of a handwritten will comes with an affidavit that it is true and correct.
SourceThe first inventory in a supervised estate is filed with the clerk within 60 days after letters of office issue.
Under Fifteenth Judicial Circuit Rule 9.8, real estate is listed with its legal description and address, and an amended or supplemental inventory is filed when an asset was missed or misdescribed.
SourceOther Requirements
An estate with no action of record for two years can be dismissed or its representative removed.
Under Fifteenth Judicial Circuit Rule 9.10, the court can also set an inactive estate for a docket call and move it to the inactive docket; a dismissed case can be reinstated for good cause within 30 days of the clerk's notice.
SourceWhat to Bring
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 Stephenson County
In Illinois a death is registered locally, and in Stephenson County certified copies of the death certificate are issued by Stephenson County Clerk's Office as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
County Clerk
Stephenson County · Stephenson County Clerk's Office
Phone
Hours
Office
Website
Order online
Local rule
- Death records on file in the office date back to 1878. The Clerk gives no death record information over the telephone.
Certified copy fees
| First certified copy | $20 |
| Each additional copy ordered at the same time | $7 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Stephenson County · Stephenson County Coroner
Phone
Office
Website
Verified November 2, 2026 · Source
Transferring Property in Stephenson 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 Clerk and Recorder.
Deeds and other real property documents for Stephenson County are recorded with the County Clerk and Recorder at 50 West Douglas, Suite 500, Freeport, IL 61032. Phone: 1-815-235-8289. Hours: Monday-Friday 8:30 AM-4:30 PM.
The County Clerk and Recorder charges $85 flat, regardless of page count.
Recording Office Record
County Clerk and Recorder
Stephenson County
Phone
Hours
Office
Website
Fees
Recording fees
| Flat fee (any length) | $85 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; Stephenson County fee schedule (effective July 1, 2023)
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Stephenson County
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 Stephenson 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.
Rockford practice on Weaver Road handling probate for executors and heirs across northern Illinois, from Jo Daviess County east to Cook. Walks personal representatives through letters of office, certified copies, the six-month creditor claim period, and out-of-state real estate, and drafts wills and trusts.
Rockford firm serving Winnebago County and the surrounding northern Illinois counties of Stephenson, Ogle, DeKalb, Boone, Lee, and Whiteside. Handles probate and guardianship representation, and drafts the wills, living wills, trusts, and powers of attorney behind an estate plan. Pairs its estate work with real estate and business law.
Freeport firm on South Hance Drive serving Stephenson County and northwest Illinois into southern Wisconsin, in practice for over 70 years. Guides executors and trustees through probate estate and trust administration, including estate tax compliance, and litigates contested estate and trust matters. Also handles contested and uncontested guardianships.
Freeport firm in Stephenson County serving northwestern Illinois since 2002. Advises families on trust and estate administration after a death — paying final expenses and estate taxes and transferring assets to beneficiaries — and drafts wills, trusts, health care proxies, powers of attorney, and property deeds. Also handles farm and commercial real estate and family business succession.
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.
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
(10)·
- 705 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. 7-1-26
- 755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12
- 755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)
- 755 ILCS 5/28-1, 5/28-2 (independent administration granted unless the will forbids it or an interested person objects)
- 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)
- 755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)
- 55 ILCS 5/3-5018.2; Stephenson County fee schedule (effective July 1, 2023)
- Stephenson County Circuit Court, official page
- Stephenson County Clerk and Recorder, official page
- Stephenson County vital records and death investigation offices, official page
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.
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.
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.
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