Overview
DuPage County, part of the 18th Judicial Circuit, is the second-most populous county in Illinois. Its probate division handles estate administration, guardianships, and related matters for residents of Wheaton, Naperville, Downers Grove, Elmhurst, and surrounding communities.
Probate cases in DuPage County are managed at the DuPage County Courthouse in Wheaton. The 18th Judicial Circuit Court's Probate and Guardianship Division processes estate cases under both independent administration and supervised administration. Most estates in DuPage County proceed under independent administration, which simplifies the process by allowing the estate representative to act without prior court approval for routine estate transactions.
Illinois law allows a small estate affidavit when the decedent's personal property is valued at $100,000 or less (increasing to $150,000 for decedents dying on or after August 15, 2025), and no real estate is involved. This can be a more efficient alternative to formal probate for qualifying estates.
DuPage County was one of the pilot counties for Illinois's mandatory electronic filing system, and all probate filings must be submitted electronically through the eFileIL platform or through I2File, the approved e-filing service provider. Understanding the local filing procedures and requirements can help you navigate the probate process more effectively.
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
DuPage County Probate Court Location
The Probate and Guardianship Division is located at the DuPage County Courthouse in Wheaton.
- Address: 505 N. County Farm Road, Room 2015, Wheaton, IL 60187
- Phone (Probate): (630) 407-8904
- Phone (General Clerk): (630) 407-8700
- Hours: Monday - Friday, 8:00 AM - 4:30 PM
The courthouse is located on County Farm Road, northwest of downtown Wheaton. Free parking is available in the courthouse lot. The building is accessible via I-355 and IL-38 (Roosevelt Road).
E-Filing Assistance
DuPage County uses the I2File electronic filing system. Assistance with e-filing is available at the courthouse, and the DuPage Courts website provides instructions and brochures for self-represented filers.
Filing Process
How to File a Probate Case in DuPage County
Step 1: Determine the Appropriate Filing
- Independent Administration: The most common option, allowing the representative to manage the estate without prior court approval for most actions
- Supervised Administration: Requires court approval for all estate actions
- Small Estate Affidavit: Available for personal property valued at $100,000 or less (no real estate)
Step 2: Prepare Documents
- Petition for Probate of Will and Issuance of Letters (or Petition for Letters of Administration)
- Original will and any codicils (if testate)
- Certified copy of the death certificate
- Proposed order
- Oath and Bond (or waiver of bond if the will permits)
- Notice of filing
Step 3: File Electronically Through I2File or eFileIL
All probate filings in DuPage County must be submitted electronically. Original wills must be deposited in person at the Clerk's office, Room 2015.
Step 4: Court Hearing
The court will schedule a hearing on the petition. The petitioner or their attorney must appear before the assigned probate judge.
Step 5: Publish Notice to Creditors
After receiving Letters of Office, publish notice once a week for three consecutive weeks in a newspaper of general circulation in DuPage County. The first publication must be within 14 days of the court order.
Step 6: Estate Administration
Inventory assets (due within 60 days of appointment), pay valid claims, file required tax returns, and distribute remaining assets to beneficiaries.
Local Requirements
DuPage County Local Probate Requirements
- Mandatory E-Filing: All probate documents must be filed electronically through I2File or eFileIL. Original wills are an exception and must be filed in person.
- Inventory Deadline: An inventory of estate assets must be filed within 60 days of the representative's appointment.
- Claims Period: Creditors have 6 months from the date of the first publication to file claims against the estate.
- Bond: Bond may be waived if the will so provides. Otherwise, bond is set at the estimated value of the personal estate.
- Accounting Requirements: Under independent administration, the representative may close the estate by filing receipts and releases from beneficiaries. Supervised administration requires formal court-approved accountings.
- Real Property Recording: Any orders affecting real property must be recorded with the DuPage County Recorder of Deeds.
- Estate Tax: Illinois estate tax applies to estates exceeding approximately $4 million in gross value. A state estate tax return (Form 700) must be filed within 9 months of death for taxable estates.
Timeline & Fees
Filing Fees
| Fee Type | Amount |
|---|---|
| Administration of Decedent's Estate | $398.00 |
| Certified Copies | $2.00 (first page), $0.50/page (2-20), $0.25/page (21+) |
| Certification Fee | $6.00 per document |
Typical Timelines
- Simple Estate (Independent Administration): Approximately 9 to 12 months
- Complex Estate (Supervised or Contested): 12 to 24+ months
- Small Estate Affidavit: Typically 30 to 60 days after the mandatory waiting period
These are estimates and actual timelines depend on estate complexity, court scheduling, and creditor claims.
Local Resources
DuPage County Probate Resources
- DuPage Courts — Probate and Guardianship — Court information and local procedures
- Probate Forms — DuPage County — State-provided probate forms
- DuPage County Circuit Clerk — Filing information and fee schedules
- eFileIL — Illinois Electronic Filing — Statewide e-filing portal
- I2File E-Filing Service — E-filing service provider for DuPage County
- DuPage County Bar Association — Lawyer referral services