Overview
McHenry County, part of the 22nd Judicial Circuit, is located in northeastern Illinois northwest of Chicago. It includes the communities of Woodstock, Crystal Lake, McHenry, Algonquin, and Huntley. The Circuit Court of McHenry County handles probate matters through its Probate Division at the McHenry County Courthouse in Woodstock.
Probate hearings in McHenry County are held on weekday mornings in Courtroom 202 of the McHenry County Courthouse at 9:30 AM. The court handles decedent estates, guardianships, and related matters for the county's more than 310,000 residents.
Most estates in McHenry County proceed under independent administration, which streamlines the process by allowing the estate representative to manage routine estate affairs without prior court approval. For smaller estates, a small estate affidavit may be used when 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.
McHenry County requires mandatory electronic filing for all probate documents. Original wills are an exception and must be filed in person at the Circuit Clerk's civil customer service windows in Room 136.
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
McHenry County Probate Court Location
Probate matters are heard at the McHenry County Courthouse in Woodstock.
- Address: 2200 N. Seminary Avenue (Route 47), Woodstock, IL 60098
- Phone (Probate/Civil): (815) 334-4310
- Phone (General): (815) 334-4190
- Email: circuitclerk@mchenrycountyil.gov
- Hours: Monday - Friday, 8:00 AM - 4:30 PM
- Probate Court Call: Weekdays at 9:30 AM, Courtroom 202
The courthouse is located on Route 47 (Seminary Avenue) in Woodstock. Free parking is available in the courthouse parking lot. The building is accessible from IL-47 and IL-120.
E-Filing
All probate filings must be submitted electronically. Will filings are not accepted electronically and must be submitted at the Civil customer service windows in Room 136.
Filing Process
How to File a Probate Case in McHenry County
Step 1: Determine the Type of Administration
- Independent Administration: Most common; the representative acts without prior court approval for routine matters
- Supervised Administration: Court oversight required for all estate actions
- Small Estate Affidavit: For personal property valued at $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
Step 3: File Electronically
All probate documents must be e-filed. Original wills must be brought to the Circuit Clerk's civil customer service windows in Room 136 of the courthouse.
Step 4: Attend the Court Hearing
Probate court calls are heard at 9:30 AM in Courtroom 202. 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 McHenry County once a week for three consecutive weeks. First publication must be within 14 days.
Step 6: Estate Administration
File an inventory within 60 days, manage the 6-month claims period, pay valid debts, file tax returns, and distribute assets to beneficiaries.
Local Requirements
McHenry County Local Probate Requirements
- Mandatory E-Filing: All probate filings must be submitted electronically. Original wills are the exception and must be filed in person at Room 136.
- Will Deposit: There is no fee to file a will with the McHenry County Circuit Clerk.
- 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. Otherwise, the court sets bond.
- Court Call Schedule: Probate hearings are held at 9:30 AM in Courtroom 202.
- Real Property: Orders affecting real property must be recorded with the McHenry County Recorder of Deeds.
- Estate Tax: Illinois estate tax applies to estates with gross values exceeding approximately $4 million.
Timeline & Fees
Filing Fees
| Fee Type | Amount |
|---|---|
| Probate Case Filing | Approximately $300 - $400 |
| Construction of Testamentary Trust | $314.00 |
| Will Deposit (no existing probate case) | No fee |
The McHenry County Circuit Clerk fee schedule (revised January 2025) is available on the Clerk's website. Contact the office at (815) 334-4190 for the most current information.
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 and court schedules.
Local Resources
McHenry County Probate Resources
- McHenry County Circuit Clerk — Probate — Filing information, procedures, and local guidance
- McHenry County Circuit Clerk — General clerk information and e-filing assistance
- McHenry County Fee Schedule — Current filing fee schedule
- 22nd Judicial Circuit — Court information and judicial assignments
- eFileIL — Illinois Electronic Filing — Statewide e-filing portal
- McHenry County Bar Association — Lawyer referral services