Overview
Lee County is located in Illinois with a population of approximately 33,544. The Circuit Court of the Fifteenth Judicial Circuit, Lee County 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 (Letters Testamentary or Letters of Administration).
Small Estate Affidavit: For estates valued at $150,000 or less (effective 2026) consisting entirely of personal property, a Small Estate Affidavit may be used to transfer assets without formal court administration. This procedure is not available if there is real estate involved that does not pass by survivorship or transfer on death instrument, or if letters of office have already been issued.
Statutory Fees: Illinois does not have a mandatory statutory fee schedule for attorneys or executors based on a percentage of the estate. Fees must be "reasonable" based on the services performed, time spent, and complexity of the estate.
This guide provides an informational overview of the Lee 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
Lee County Courts Building
Probate matters in Lee County are handled at the Lee County Courts Building (often referred to as the Courthouse).
Address: 309 S Galena Avenue, Suite 320, Dixon, IL 61021
Phone: (815) 284-5234 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Clerk's office is located on the third floor. The court handles civil, criminal, and probate matters.
Parking and Access
Free public parking is available in the parking lot adjacent to the Courts Building. Security screening is required upon entry; cell phones and electronic devices may be restricted in courtrooms.
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 requiring transfer through probate, you may be able to use a Small Estate Affidavit.
- Joint Tenancy/Transfer on Death: Assets held in joint tenancy or with named beneficiaries (POD/TOD) pass directly to the survivor/beneficiary.
- 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 Lee County Circuit Clerk. You must generally e-file documents in Illinois. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original Will and codicils (if applicable)
- Affidavit of Heirship
- Oath and Bond of Representative (Surety or No Surety)
- Proposed Order Appointing Representative
- Filing fee
E-Filing: Illinois courts require mandatory e-filing for civil cases, including probate, through an approved Electronic Filing Service Provider (EFSP) such as Odyssey eFileIL.
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 Lee County (such as the Dixon Telegraph) once a week for three successive weeks to notify creditors.
- File proof of mailing and publication with the court.
Step 4: Attend the Hearing
The court may schedule a hearing to formally admit the will and appoint the representative. In many uncontested cases, this can be done "on the papers" or via a quick appearance. Once approved, the Clerk issues Letters of Office.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: The claim period for creditors is 6 months from the date of first publication.
- Inventory: File an inventory of estate assets with the court within 60 days of appointment (unless waived by the court/interested parties in certain independent administrations).
- Pay valid claims and estate expenses.
- File income tax returns (and estate tax returns if applicable).
- Distribute remaining assets to beneficiaries.
- File a Final Report and close the estate.
Local Requirements
Lee County-Specific Procedures
- E-Filing: Mandatory for all probate filings. You must use an approved EFSP.
- Local Rules: The 15th Judicial Circuit rules apply.
- Bond: A bond is required for all personal representatives. If the will waives surety, a "personal bond" (no money down) is usually sufficient. If intestate (no will), a surety bond (insurance policy) is typically required unless all heirs waive it.
- Publication: Notice is typically published in the Dixon Telegraph.
Check with the Circuit Clerk for specific local forms or standing orders.
Timeline & Fees
Filing Fees (Lee County)
Fees are subject to change. Contact the Circuit Clerk for the most current schedule.
- Petition for Probate: approximately $250 - $360 (varies by estate value/type)
- Small Estate Affidavit: No court filing fee (if not filed), but a fee applies if a copy is filed/certified.
- Certified Copies of Letters: approximately $20 per copy
- Publication costs: approximately $200 - $300 (paid directly to the newspaper)
Payment Methods
The Circuit Clerk accepts cash, money orders, certified checks, and major credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates (Independent Administration): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2 years or more
The 6-month creditor claim period is the primary factor determining the minimum duration.
Local Resources
Lee County Court Resources
- Court Website: https://www.leecountyil.com/183/Circuit-Clerk
- Probate Self-Help: https://www.illinoislegalaid.org/
- Illinois Standardized Forms: https://www.illinoiscourts.gov/documents-and-forms/approved-forms/
Legal Aid and Attorney Referrals
- Prairie State Legal Services: (815) 288-1901 — Provides legal aid to eligible low-income residents.
- Illinois State Bar Association: https://www.isba.org/public/illinoislawyerfinder
Publication
- Dixon Telegraph: (815) 284-2222 — Common newspaper for probate notices.