Overview
Kankakee County is located in Illinois with a population of approximately 106,410. The Circuit Court of the Twenty-First 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 Probate of Will and for Letters Testamentary (if there is a will) or a Petition for Letters of Administration (if there is no will) to admit the will and appoint a personal representative. The court then issues Letters of Office authorizing the representative to act.
For smaller estates, Illinois offers a Small Estate Affidavit procedure for estates valued at $150,000 or less (effective for decedents dying on or after recent statutory updates) that do not involve real estate. This allows heirs to collect assets without full court administration.
Illinois law provides for reasonable compensation for representatives and attorneys, often based on factors like the size of the estate and work involved, rather than a strict percentage.
This guide provides an informational overview of the Kankakee 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
Kankakee County Circuit Court
Probate matters in Kankakee County are handled at the Kankakee County Courthouse.
Address: 450 E Court St, Kankakee, IL 60901
Phone: (815) 936-5700 (Circuit Clerk)
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. Probate cases are heard in the civil division.
Parking and Access
Free street parking is generally available on the streets surrounding the courthouse. There are also public parking lots located south of the courthouse on Merchant Street. Note that cell phones, tablets, and laptops are typically not permitted inside the courthouse for the general public; lockers may be available at the security station.
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 with rights of survivorship or with direct beneficiary designations (like life insurance or IRAs) pass outside of 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 Kankakee County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original will and codicils (if any)
- Affidavit of Heirship
- Certified death certificate
- Filing fee (approximately $306-$360)
- Oath and Bond of Representative (surety bond may be required unless waived in the will)
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 admission of the will or issuance of letters.
- Publish notice in a newspaper of general circulation in Kankakee County (such as The Daily Journal) once a week for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to formally open the estate, admit the will, and appoint the representative. Once approved, the Clerk issues Letters of Office, which serve as proof of your authority to administer the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors and allow the 6-month claim period to run from the date of first publication.
- Inventory and appraise all estate assets.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute remaining assets to beneficiaries according to the will or state intestacy laws.
- File a final report or accounting with the court to close the estate.
Local Requirements
Kankakee County-Specific Procedures
- E-Filing: Illinois requires e-filing for most civil cases. Self-represented litigants may be exempt under certain circumstances but should check with the Circuit Clerk.
- Bond: A surety bond is typically required for administrators, or executors if the will does not waive it.
- Local Forms: The Kankakee County Circuit Clerk provides specific forms for probate matters, including the Petition for Probate and Affidavit of Heirship.
- Publication: Notice to creditors must be published in a local newspaper like The Daily Journal.
Always check the latest local court rules for the Twenty-First Judicial Circuit.
Timeline & Fees
Filing Fees (Kankakee County)
- Petition for Probate: approximately $306-$360 (fees vary by estate value and case type; verify with Clerk)
- Small Estate Affidavit: generally no filing fee if not filed with the court, but a fee applies if a copy must be filed.
- Certified copies of Letters: approximately $2-$5 per copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Appearance Fee: required for anyone contesting the will or participating in the case.
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 from self-represented litigants.
Estimated Timelines
- Simple estates: 6-12 months (minimum 6 months for creditor claim period)
- Average estates: 9-18 months
- Complex or contested estates: 18 months to several years
The timeline is largely dictated by the mandatory 6-month claims period for creditors after publication.
Local Resources
Kankakee County Court Resources
- Court Website: kankakeecountycircuitclerk.com
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Standardized Forms
Legal Aid and Attorney Referrals
- Kankakee County Bar Association: Local attorney listings.
- Prairie State Legal Services: (815) 935-2750 — Provides legal aid to eligible low-income residents.
- Illinois State Bar Lawyer Finder: isba.org/public/illinoislawyerfinder
Publication
- The Daily Journal: (815) 937-3300 — Major newspaper for legal notices in Kankakee.