Overview
DeKalb County is located in Illinois with a population of approximately 100,400. The Circuit Court of the 23rd Judicial Circuit 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 Letters of Office to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, Illinois offers a Small Estate Affidavit procedure. As of 2026, this is available for estates with a total personal property value of $150,000 or less (excluding real estate), provided no formal probate petition has been filed.
Illinois does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" based on the services rendered, complexity, and time spent.
This guide provides an informational overview of the DeKalb 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
DeKalb County Courthouse
Probate matters in DeKalb County are handled at the DeKalb County Courthouse in Sycamore.
Address: 133 W. State Street, Sycamore, IL 60178
Phone: (815) 895-7131 (Circuit Clerk Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Clerk's office is responsible for maintaining court records and processing filings. The probate call is typically heard by a designated judge in the 23rd Judicial Circuit.
Parking and Access
Free centralized parking is available two blocks north of Highways 64 & 23 (turn left/east onto East Sycamore Street). Street parking is also available around the courthouse square, though time limits may apply.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $150,000 or less and there is no real estate involved (or real estate is transferred by other means), you may be able to use a Small Estate Affidavit to collect assets without court supervision.
- Joint Tenancy & Beneficiary Designations: Assets held jointly or with named beneficiaries (POD/TOD) pass directly to the survivor.
- 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 Letters of Office with the DeKalb County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original Will and codicils (if applicable)
- Affidavit of Heirship
- Copy of the death certificate
- Filing fee (approximately $376.00)
- Oath and Bond of Representative (with or without surety)
E-filing is mandatory for civil cases in Illinois, including probate, for most filers.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days of the issuance of Letters.
- Publish notice in a newspaper of general circulation in DeKalb County (such as the DeKalb County Journal or Daily Chronicle) once a week for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the documents and, if everything is in order, admits the will to probate and issues Letters of Office.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow for the 6-month claims period to pass.
- Inventory and appraise all estate assets.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state law.
- File a final report or accounting with the court to close the estate.
Local Requirements
DeKalb County-Specific Procedures
- E-filing: Illinois requires e-filing for most civil cases. You must use an approved Electronic Filing Service Provider (EFSP).
- Local Rules: The 23rd Judicial Circuit has specific local rules regarding probate; it is advisable to review these or consult local counsel.
- Publication: Notice must be published in a newspaper of general circulation in DeKalb County for three successive weeks.
- Bond: A surety bond may be required unless the will waives it, though a personal bond is always required.
Timeline & Fees
Filing Fees (DeKalb County)
- Probate Petition (Letters of Office): approximately $376.00
- Small Estate Affidavit: No court filing fee (if not filed with court), but a fee applies if a copy is filed.
- Certified copies of Letters: approximately $2-$10 per copy
- Publication costs: approximately $200-$300 depending on the newspaper
- Jury Demand: approximately $137.50 (if applicable)
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and major credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The timeline is largely dictated by the mandatory 6-month creditor claims period which begins after the first publication of notice.
Local Resources
DeKalb County Court Resources
- Court Website: dekalbcounty.org
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: illinoiscourts.gov
Legal Aid and Attorney Referrals
- DeKalb County Bar Association: (815) 899-0760 — Local attorney information
- Prairie State Legal Services: (815) 756-8129 — Legal aid for eligible low-income residents
- Illinois State Bar Lawyer Referral: isba.org
Publication
- DeKalb County Journal: (630) 368-1100 — Legal notices
- Daily Chronicle: (815) 756-4841 — General circulation