Overview
Kendall County is located in Illinois with a population of approximately 137,000. The Kendall County Circuit Court 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 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 August 2025, this is available for estates valued at $150,000 or less (excluding vehicles registered with the Secretary of State), provided there is no real estate involved or the real estate is transferred by other means.
Illinois does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be "reasonable" based on the services rendered.
This guide provides an informational overview of the Kendall 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
Kendall County Circuit Court
Probate matters in Kendall County are handled at the Kendall County Courthouse.
Address: 807 W John Street, Yorkville, IL 60560
Phone: (630) 553-4183 (Circuit Clerk's Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Clerk's office is located within the main courthouse building. This office accepts filings and maintains court records for probate cases.
Parking and Access
Free public parking is available in the large lot located off John Street, directly in front of the courthouse. All visitors must pass through security screening upon entry; cell phones and electronic devices may be restricted or required to be silenced.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $150,000 or less (excluding certain vehicles) and involves no real estate, you may be able to use a Small Estate Affidavit instead of court probate.
- Transfer on Death Instrument (TODI): Real estate may bypass probate if a valid TODI was recorded prior to death.
- 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 Kendall County Circuit Clerk. Include:
- Petition for Probate (Will/Letters Testamentary or Letters of Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $360)
- Affidavit of Heirship
- Oath of Office and Bond (Surety or No Surety)
Note: Illinois requires mandatory e-filing for civil cases. You must file documents electronically through an approved service provider (eFileIL).
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days of the order admitting the will or appointing the representative.
- Publish notice in a newspaper of general circulation in Kendall County (such as the Kendall County Record) once a week for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to open the estate. If the petition is in order and the will is self-proved (or witnesses appear), the judge will admit the will and issue 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
- Inventory and appraise all estate assets (typically filed within 60 days)
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries according to the will or state law
- File a final accounting and report of distribution to close the estate
Local Requirements
Kendall County-Specific Procedures
- E-filing: All civil filings, including probate, must be submitted electronically via the state's e-filing system (eFileIL), unless an exemption applies.
- Local Court Rules: Kendall County is part of the 23rd Judicial Circuit. Local rules may dictate specific forms for the inventory or final report.
- Bond: A bond is required for all personal representatives. If the will waives surety, a "personal" bond is sufficient; otherwise, a surety bond (insurance) is usually required.
- Publication: Notice must be published in a newspaper of general circulation in Kendall County for three successive weeks.
Always check with the Circuit Clerk or a local attorney for the most current local standing orders.
Timeline & Fees
Filing Fees (Kendall County)
- Petition for Probate: approximately $360.00
- Appearance Fee (for interested parties): approximately $190.00
- Certified copies of Letters: approximately $20.00 per copy
- Publication costs: approximately $200-$300 depending on the newspaper
- Sheriff Service (if needed): varies by location
Fees are subject to change. Check the current fee schedule with the Circuit Clerk.
Payment Methods
The Circuit Clerk accepts cash, money orders, and credit/debit cards (service fees apply). E-filing fees are paid via credit card or e-check through the e-filing provider.
Estimated Timelines
- Simple estates (no disputes, limited assets): 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 driven by the mandatory 6-month creditor claim period, which begins after the first publication of notice.
Local Resources
Kendall County Court Resources
- Court Website: kendallcountyil.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Approved Forms
Legal Aid and Attorney Referrals
- Kendall County Bar Association: Local attorney listings
- Prairie State Legal Services: (630) 690-2130 — Legal aid for eligible low-income residents
- Illinois State Bar Lawyer Finder: isba.org
Publication
- Kendall County Record: (833) 584-6397 — General circulation newspaper
- Oswego Ledger: (833) 584-6397 — Local circulation