Overview
Cook County is home to the largest probate division in Illinois and one of the busiest in the United States. The Probate Division of the Circuit Court of Cook County handles all matters related to decedent estates, guardianships, and trust administration for Chicago and the surrounding suburban areas.
In Cook County, probate cases are heard at the Richard J. Daley Center in downtown Chicago. The court processes thousands of estate cases each year, ranging from small estate affidavits to complex multi-million-dollar estates. Most estates are administered under independent administration, which is authorized by the Illinois Independent Administration of Estates Act and allows the estate representative to act without prior court approval for most actions.
For smaller estates, Illinois law provides a simplified small estate affidavit procedure for personal property valued at or below $100,000 (increasing to $150,000 for decedents dying on or after August 15, 2025). This option can help families avoid the formal probate process entirely, provided no real estate is involved.
Cook County also has a 6-month claims period after the first date of publication of notice to creditors. During this time, creditors may file claims against the estate. The representative must publish notice once a week for three consecutive weeks in a newspaper of general circulation in Cook County. Understanding these timelines and requirements is an important first step in navigating the probate process in this county.
Note: This guide provides general informational guidance and is not legal advice. Consult with a qualified attorney for advice specific to your situation.
Courthouse Information
Cook County Probate Court Location
The Probate Division is located on the 18th floor of the Richard J. Daley Center in downtown Chicago. The Clerk of the Circuit Court's Probate Division office is on the 12th floor, Room 1202.
- Address: Richard J. Daley Center, 50 W. Washington St., Chicago, IL 60602
- Probate Division (Courts): 18th Floor
- Clerk's Office (Probate Filing): 12th Floor, Room 1202
- Phone: (312) 603-6441
- Additional Phone Lines: (312) 603-5943, (312) 603-7545
- Hours: Monday - Friday, 8:30 AM - 4:30 PM
The Daley Center is accessible via CTA rail (Washington/Dearborn Blue Line, Washington/Wabash Brown/Pink/Orange/Green/Purple Lines) and multiple CTA bus routes. Metered street parking and nearby parking garages are available, though public transit is recommended due to limited downtown parking.
E-Filing Assistance
An eFiling Center with self-paced training stations is located in the Daley Center, Lower Level, Room LL-12. Staff are available Monday through Friday, 8:30 AM - 4:30 PM, to assist with electronic filing questions. You may also contact eFile support at (312) 603-5030 or eFilehelp@cookcountycourt.com.
Filing Process
How to File a Probate Case in Cook County
Step 1: Determine the Type of Administration
- Independent Administration (most common): Allows the representative to manage the estate without court approval for routine transactions
- Supervised Administration: The court oversees all estate actions and must approve each transaction
- Small Estate Affidavit: Available when the total personal property is valued at $100,000 or less (no real estate)
Step 2: Prepare Required Documents
- Petition for Probate (or Petition for Letters of Administration if no will)
- Original will and codicils (if testate)
- Certified copy of the death certificate
- Proposed Order Admitting Will to Probate
- Oath of Office
- Bond or Bond Waiver (if applicable)
- Notice of Filing
Step 3: File Electronically
All probate filings in Cook County must be submitted through the eFileIL system (efile.illinoiscourts.gov), with limited exceptions. Wills themselves must be filed in person at the Clerk's office.
Step 4: Attend the Court Hearing
After filing, the court will schedule a hearing. The petitioner (or their attorney) must appear before a probate judge on the 18th floor of the Daley Center.
Step 5: Publish Notice to Creditors
Once Letters of Office are issued, the representative must publish notice to creditors in a newspaper of general circulation in Cook County once a week for three consecutive weeks, with the first publication within 14 days of the court order.
Step 6: Administer the Estate
The representative inventories assets, pays debts and expenses, files necessary tax returns, and distributes remaining assets to beneficiaries.
Local Requirements
Cook County Local Probate Rules and Requirements
- Mandatory E-Filing: All civil filings, including probate, must be filed electronically through eFileIL. Exceptions include original wills (filed in person), filings by incarcerated self-represented litigants, and documents exempt by court order.
- Bond Requirements: Under independent administration, bond may be waived if the will so provides. Otherwise, the court sets bond at the estimated value of the personal estate.
- Inventory Filing: The representative must file an inventory of estate assets within 60 days of being appointed.
- Accounting: Final accountings are required before closing the estate, though under independent administration, the representative may file a receipt and release from beneficiaries instead.
- Claims Period: Creditors have 6 months from the date of the first publication of notice to file claims. Unknown creditors are barred after this period.
- Notice to Known Creditors: In addition to publication, the representative must send written notice by mail to all known creditors within 14 days of appointment.
- Real Property: Transferring real property requires a certified copy of Letters of Office and recording of any orders affecting title with the Cook County Recorder of Deeds.
- Estate Tax: Illinois has a state estate tax for estates with a gross value exceeding approximately $4 million. An Illinois estate tax return (Form 700) must be filed within 9 months of death for taxable estates.
Timeline & Fees
Filing Fees
| Fee Type | Amount |
|---|---|
| Petition for Probate / Letters of Administration | $479.00 |
| Certified Copies (first page) | $2.00 |
| Certified Copies (pages 2-19) | $0.50/page |
| Certified Copies (20+ pages) | $0.25/page |
Typical Timelines
- Simple Estate (Independent Administration): Approximately 9 to 12 months from filing to closing
- Complex Estate (Supervised or Contested): 12 to 24+ months, depending on disputes, tax issues, or real property complications
- Small Estate Affidavit: Can often be completed in 30 to 60 days after the mandatory 30-day waiting period
These timelines are general estimates and may vary based on the complexity of the estate, court scheduling, and other factors.
Local Resources
Cook County Probate Resources
- Cook County Probate Division (Circuit Court) — Court information, judge assignments, and courtroom schedules
- Clerk of the Circuit Court — Probate Division — Filing information, forms, and fee schedules
- Illinois Probate Forms (Cook County) — State-provided probate forms for Cook County
- eFileIL — Illinois Electronic Filing — Statewide electronic filing portal
- Illinois Legal Aid Online — Free legal information and self-help resources
- Chicago Bar Association Lawyer Referral Service — Referrals to local attorneys who handle probate matters