What to Do When Someone Dies in Will County, Illinois
Probate in Will 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 Will 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
Will County · 12th Judicial Circuit
Address
Phone
Fax
Hours
Clerk: Andrea Lynn Chasteen. Probate handled through Civil division (case type PR). Court records portal: https://ipublic.il12th.org/. Small Estate Affidavit and Decedent Estate Packet available from clerk.
Verified July 3, 2026 · Source
How Probate Works in Will 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 Will County, probate runs through the Circuit Court at 100 West Jefferson St, Joliet. The court sits in the 12th 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 Will County
What probate costs in Will 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 100 West Jefferson St, Joliet. The court is part of the 12th Judicial Circuit.
Local procedures at this court: Local Court Rules Version 13 (revised October 1, 2023) govern probate filings. Procedures may vary by assigned judge per individual judge rules and administrative orders; New estate cases must be filed electronically only. Original wills may be submitted by mail (no filing fee for will deposits). Retain copies for your records; Will filing: free. Estate accounting: $25.00. Letters of Office: $2.00. Claims under $150: no fee; $150.01-$499.99: $20.00; $500-$9,999.99: $40.00; $10,000+: $60.00. 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 Will 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 12th 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 Will 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 Will County Self-Filing Assessment.
Will 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
Local Court Rules Version 13 (revised October 1, 2023) govern probate filings. Procedures may vary by assigned judge per individual judge rules and administrative orders.
SourceNew estate cases must be filed electronically only. Original wills may be submitted by mail (no filing fee for will deposits). Retain copies for your records.
SourceWhat 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 Will 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
Will County · Recorder of Deeds · Karen A. Stukel
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.
Fee change effective 10/1/2025. Secondary office: 241 Canterbury Lane, Bolingbrook, IL 60440 (Tue/Thu only).
Verified July 13, 2026 · Source
Probate Attorneys Serving Will County
Illinois uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Will 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 Will 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
Frankfort Law Group
FirmFrankfort-based firm advising clients through estate planning and probate issues, covering Will and Cook counties.
Location
10075 W. Lincoln Highway, Floor 1Frankfort, IL 60423
Phone
(708) 766-7333
Service Area
2 counties
Granholm & Gynac, LLC
FirmJoliet firm serving Will County families through probate and estate administration after a death, plus guardianship and Medicaid/long-term-care planning. Also drafts estate plans for seniors, families, and new parents.
Location
63 North Chicago StreetJoliet, IL 60432
Phone
(815) 582-3600
Service Area
1 county
Law Office of Kevin Williams
Solo PracticeAurora practice focused entirely on probate and guardianship across DuPage, Kane, Kendall, Will, and Cook counties. Gets executors appointed, opens intestate estates where a relative died without a will, and represents heirs in contested probate — the settlement-side work of moving an estate through the Illinois courts. Free initial consultation.
Location
2295 Bannister LaneAurora, IL 60504
Phone
(630) 898-4789
Service Area
5 counties
Law Offices of Tedone and Morton, P.C.
FirmJoliet firm on N. Chicago Street, with a second office in Plainfield, serving Will County and the 12th Judicial Circuit. Prepares wills and trusts and guides executors through probate and estate administration. Also practices real estate law.
Location
58 N. Chicago Street, Suite 606Joliet, IL 60432
Phone
(815) 666-1285
Service Area
3 counties
The Law Office of Frank A. Hauenschild
Solo PracticeSince 1988, Attorney Hauenschild has served families in New Lenox, Joliet, Frankfort, Mokena, and the south/southwestern Chicago suburbs with estate planning, elder law, and guardianship.
Location
1938 E. Lincoln Highway, Suite 208New Lenox, IL 60451
Phone
(815) 462-0097
Established
1988
Service Area
2 counties
The Wengler Law Firm
FirmWill County-focused probate and estate planning firm founded by Colleen Wengler, who also serves as Will County Public Guardian and Public Administrator. Handles the full spectrum of estate matters from planning through contested litigation.
Location
181 North Hammes AvenueJoliet, IL 60435
Phone
(815) 768-3819
Established
2010
Service Area
1 county
Varboncouer Law
Solo PracticeFounded by a former Kirkland & Ellis partner, providing estate planning, wills, trusts, and probate services from suburban Frankfort, also serving Mokena, New Lenox, Tinley Park, and surrounding communities.
Location
8767 Laraway RoadFrankfort, IL 60423
Phone
(815) 278-2448
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
Charles M. Zarzecki, P.C.
Solo PracticeOrland Park solo practice serving south suburban Cook, DuPage, and Will counties. Guides executors, administrators, and heirs through probate and estate administration — will interpretation, asset identification and distribution, real-estate sales, and account closure — with particular depth on the tax side of settling an estate.
Location
13500 Circle Drive, Suite 203Orland Park, IL 60462
Phone
(708) 361-7766
Service Area
3 counties
Law Offices of Andrew L. Horberg, P.C.
Solo PracticeSouth-suburban Cook County firm in Tinley Park led by Andrew L. Horberg, with roughly 37 years in estate planning and probate. Handles probate and probate litigation for families in the south and southwest suburbs and prepares the wills and trusts behind them, along with the real-estate transfers that follow an estate.
Location
18400 Maple Creek Drive, Suite 600Tinley Park, IL 60477
Phone
(708) 444-4377
Service Area
2 counties
Sosin, Arnold & Schoenbeck, Ltd.
FirmOrland Park firm serving Cook and Will counties in Chicago’s south suburbs. Represents trustees, executors, and beneficiaries in trust and estate administration and probate — creditor and claimant issues, Illinois and federal estate tax returns, accountings, settlement agreements, and fiduciary disputes — alongside estate planning for business owners.
Location
9501 W. 144th Place, Suite 205Orland Park, IL 60462
Phone
(708) 448-8141
Service Area
2 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 Will County, attaching the original will (if any), the death certificate, and the filing fee ($414). 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 Will County, that means filing fees ($414 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 Will 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 Will County probate.
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