Overview
Kane County, part of the 16th Judicial Circuit, is located in northeastern Illinois and is the fifth-most populous county in the state. It encompasses communities including Geneva, Aurora, Elgin, St. Charles, and Batavia. The Circuit Court of Kane County handles probate matters through its Probate Division at the Kane County Courthouse in Geneva.
Kane County has established detailed local rules for probate proceedings (Article 8 of the Kane County Local Rules), which provide specific guidance on filing requirements, hearing procedures, and estate administration. Most estates proceed under independent administration, consistent with the statewide preference under the Independent Administration of Estates Act.
Illinois law allows a small estate affidavit for personal property valued at $100,000 or less (increasing to $150,000 for decedents dying on or after August 15, 2025) when no real estate is involved. This simplified procedure avoids the need for formal probate.
Kane County's 6-month claims period following publication of notice to creditors provides the framework for creditor claims. The representative must publish notice in a Kane County newspaper once a week for three consecutive weeks following the issuance of Letters of Office.
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
Kane County Probate Court Location
Probate matters are heard at the Kane County Courthouse in Geneva.
- Address: 100 S. Third Street, Geneva, IL 60134
- Phone: (630) 232-3400
- Hours: Monday - Friday, 8:30 AM - 4:30 PM
- Probate Court Call: Weekday mornings, Courtroom 110
The Kane County Courthouse is located in downtown Geneva, near the Fox River. There is also a Kane County Judicial Center at 37W777 IL Route 38 in St. Charles, though probate matters are primarily handled at the Geneva courthouse. Parking is available in nearby municipal lots and on the street.
E-Filing
Kane County uses eFileIL for mandatory electronic filing of all civil cases, including probate. The Circuit Clerk's office can provide assistance with e-filing questions.
Filing Process
How to File a Probate Case in Kane County
Step 1: Determine the Administration Type
- Independent Administration: Most common; representative acts without prior court approval for routine matters
- Supervised Administration: Court supervises all estate actions
- Small Estate Affidavit: For personal property $100,000 or less (no real estate)
Step 2: Prepare Required Documents
- Petition for Probate of Will and Issuance of Letters (or Petition for Letters of Administration)
- Original will and codicils (if testate)
- Certified death certificate
- Proposed order
- Oath and Bond (or bond waiver)
- Notice of filing to interested parties
Step 3: File Electronically Through eFileIL
All probate filings must be submitted electronically. Original wills must be deposited in person at the Clerk's office at the Kane County Courthouse.
Step 4: Attend the Court Hearing
The probate court call is heard in Courtroom 110 of the Kane County Courthouse. The petitioner or their attorney must appear before the judge.
Step 5: Publish Notice to Creditors
After receiving Letters of Office, publish notice in a newspaper of general circulation in Kane County once a week for three consecutive weeks. The first publication must be within 14 days.
Step 6: Administer the Estate
File an inventory within 60 days, manage the 6-month claims period, pay debts, file tax returns, and distribute remaining assets.
Local Requirements
Kane County Local Probate Requirements
- Local Rules (Article 8): Kane County has detailed local rules for probate proceedings published in Article 8 of the Kane County Local Rules. These address filing requirements, hearing procedures, bond, and administration standards.
- Mandatory E-Filing: All probate filings must be submitted electronically through eFileIL. Original wills are filed in person.
- Inventory: Must be filed within 60 days of appointment.
- Claims Period: 6 months from the first publication of notice to creditors.
- Bond: May be waived if the will provides for it. The court sets bond at the estimated value of the personal estate when required.
- Accounting Requirements: Under independent administration, the representative may close the estate by filing receipts and releases from beneficiaries.
- Estate Tax: Illinois estate tax applies to estates exceeding approximately $4 million in gross value.
Timeline & Fees
Filing Fees
| Fee Type | Amount |
|---|---|
| Probate Case Filing Fee | $137.50 |
| Additional fees may apply | Check current fee schedule |
The Kane County 16th Judicial Circuit Fee Schedule (effective 12/31/2025) is available on the Circuit Clerk's website.
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. Actual timelines depend on estate complexity, creditor claims, and court schedules.
Local Resources
Kane County Probate Resources
- Kane County Court Partners — Court information and resources for the 16th Judicial Circuit
- Kane County Local Rules — Article 8 (Probate) — Local rules governing probate proceedings
- Kane County Fee Schedule — Current filing fee schedule
- eFileIL — Illinois Electronic Filing — Statewide e-filing portal
- Kane County Bar Association — Lawyer referral services
- Illinois Legal Aid Online — Free legal information and self-help resources