Where do I file for probate in Boone County?

Filings are made with the Boone County Circuit Clerk at the courthouse located at 601 North Main Street, Belvidere, IL 61008. Most filings must be done electronically via eFileIL.

How much does probate cost in Boone County?

Filing fees generally range from $250 to $350 depending on the estate value. Publication costs add another $150-$300. Attorney fees are separate and vary by case.

Can I avoid probate in Boone County with a small estate?

Yes. If the estate is valued at $150,000 or less and contains no real estate, you may be able to use an Illinois Small Estate Affidavit instead of formal probate.

How long does probate take in Boone County?

The process typically takes at least 9 months. There is a mandatory 6-month claims period for creditors after notice is published.

Do I need an attorney for probate in Boone County?

While not strictly required by law for individuals acting as executors, probate is complex. The court strongly recommends hiring an attorney, and corporate executors (like banks) must be represented by counsel.

Boone County Probate Guide: Courts, Fees & Process (2026)

Overview

Boone County is located in Illinois with a population of approximately 53,313. The 17th Judicial Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.

Illinois probate is governed by the Probate Act of 1975 (755 ILCS 5/). The process begins with filing a Petition for Probate of Will and for Letters Testamentary (or Petition for Letters of Administration for intestate estates) to admit the will and appoint a personal representative. The court then issues Letters of Office which grant the authority to administer the estate.

For smaller estates, Illinois offers a Small Estate Affidavit procedure. As of 2026, this is available for estates valued at $150,000 or less (excluding real estate) that do not require formal court administration.

Illinois does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" based on the complexity of the estate and services rendered.

This guide provides an informational overview of the Boone County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.

Courthouse Information

17th Judicial Circuit Court

Probate matters in Boone County are handled at the Boone County Courthouse.

Address: 601 North Main Street, Belvidere, IL 61008

Phone: 815-544-0371 (Circuit Clerk)

Hours: Monday through Friday, 8:30 AM to 4:30 PM

The Circuit Clerk's office is located on the first floor. The 17th Judicial Circuit serves both Boone and Winnebago counties, but filings for Boone County residents should be made at the Belvidere location.

Parking and Access

There is street parking available around the courthouse square and designated public parking lots nearby. The building is accessible, with security screening required upon entry.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: If the personal estate is valued at $150,000 or less and there is no real estate involved, you may be able to use a Small Estate Affidavit to transfer assets without court supervision.
Joint Tenancy & Beneficiary Designations: Assets held jointly or with named beneficiaries (like life insurance or payable-on-death accounts) generally bypass probate.
Trust administration: Assets held in a living trust generally do not require probate.

Step 2: File the Petition

If formal probate is needed, file a Petition for Probate with the Boone County Circuit Clerk. Include:

Original Will and codicils (if applicable)
Affidavit of Heirship
Copy of the death certificate
Filing fee (approximately $250-$350)
Oath and Bond of Representative (Surety bond may be required unless waived by the will)

E-filing is mandatory for civil cases in Illinois, including probate, for attorneys and self-represented litigants (unless an exemption applies).

Step 3: Provide Notice

After filing, you must:

Mail notice to all heirs and legatees within 14 days of the issuance of Letters of Office.
Publish notice in a newspaper of general circulation in Boone County (such as the Boone County Journal) once a week for three successive weeks to notify creditors.

Step 4: Attend the Hearing

The court may schedule a hearing to formally admit the will and appoint the representative. In many uncontested cases, this can be done "on the papers" without a formal appearance, but procedures vary by judge. Once approved, the Clerk issues Letters of Office.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors: The claims period remains open for 6 months from the date of first publication.
Inventory: Prepare an inventory of estate assets within 60 days (filed with the court or provided to beneficiaries).
Pay debts: Pay valid creditor claims and estate expenses.
Taxes: File final income tax returns and estate tax returns if required.
Distribute: Distribute remaining assets to beneficiaries according to the will or state law.
Close: File a final report and accounting to close the estate and discharge the representative.

Local Requirements

Boone County-Specific Procedures

E-Filing: Boone County utilizes the statewide e-filing system (eFileIL). Paper filings are generally not accepted from attorneys.
Local Rules: The 17th Judicial Circuit has specific local rules (Part 15.00) governing probate, including requirements for guardian ad litem appointments and bond procedures.
Publication: Notice is typically published in the Boone County Journal or Belvidere Daily Republican.
Courtesy Copies: Judges may require courtesy copies of substantive motions or petitions; check with the specific judge's clerk.

Timeline & Fees

Filing Fees (Boone County)

Petition for Probate (Will or Administration): approximately $250 - $350 (Fees vary based on estate value and specific filings; contact the Clerk for the current schedule)
Small Estate Affidavit: No court filing fee (document is not filed with the court, but presented to asset holders)
Certified copies of Letters: approximately $2.00 per page plus certification fee
Publication costs: approximately $150-$300 depending on the newspaper

Payment Methods

The Circuit Clerk accepts cash, credit/debit cards (with a processing fee), money orders, and cashier's checks. Personal checks may not be accepted for new case filings.

Estimated Timelines

Simple estates: 9-12 months (minimum 6 months for creditor claims)
Average estates: 12-18 months
Complex or contested estates: 18 months to 2+ years

The 6-month creditor claim period is a mandatory statutory minimum waiting period before the estate can be fully closed.

Local Resources

Boone County Court Resources

Circuit Clerk Website: https://boonecircuitclerk.us/
17th Judicial Circuit: https://illinois17th.com/
Illinois Standardized Forms: https://www.illinoiscourts.gov/documents-and-forms/approved-forms/

Legal Aid and Attorney Referrals

Boone County Bar Association: Contact local attorneys directly.
Prairie State Legal Services: 815-965-2902 — Provides legal aid to eligible low-income residents.
Illinois State Bar Lawyer Finder: https://www.isba.org/public/illinoislawyerfinder

Publication

Boone County Journal: 815-544-4500 — Newspaper of general circulation.
Belvidere Daily Republican: 815-547-0084

Probate in Boone County, Illinois: 2026 Guide