Overview
Will County, part of the 12th Judicial Circuit, is the fourth-most populous county in Illinois. Located southwest of Chicago, it includes the communities of Joliet, Plainfield, Romeoville, Bolingbrook, and Lockport. The Circuit Court of Will County handles probate matters through its Probate Division.
Probate cases in Will County are filed at the Will County Courthouse in Joliet. The county's location in the growing southwestern suburbs of Chicago means the Probate Division handles a steadily increasing caseload each year. Most estates in Will County proceed under independent administration, which provides a streamlined process where the estate representative can act without prior court approval for routine estate actions.
Illinois law provides a small estate affidavit procedure for personal property valued at $100,000 or less (increasing to $150,000 for decedents dying on or after August 15, 2025), provided no real estate is involved. This alternative can help families transfer assets without the cost and time of formal probate.
Will County was among the early pilot counties for Illinois's mandatory electronic filing system, and today all probate filings must be submitted electronically. The 6-month claims period following publication of notice to creditors applies to all Will County probate estates.
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
Will County Probate Court Location
Probate matters are handled at the Will County Courthouse in Joliet.
- Address: 14 W. Jefferson Street, Joliet, IL 60432
- Phone (Probate): (815) 727-8592
- Phone (General Clerk): (815) 727-8550
- Hours: Monday - Friday, 8:30 AM - 4:30 PM
The Will County Courthouse is located in downtown Joliet, near the intersection of Jefferson Street and Ottawa Street. Metered street parking and nearby public parking lots are available. The courthouse is accessible from I-80 and US-30.
E-Filing Assistance
Will County uses eFileIL for mandatory electronic filing. Assistance is available at the courthouse, and the Circuit Clerk's website provides instructions for filing.
Filing Process
How to File a Probate Case in Will County
Step 1: Choose the Type of Administration
- Independent Administration: Most commonly used; representative acts without routine court approval
- Supervised Administration: Court oversight required for all estate actions
- Small Estate Affidavit: For personal property $100,000 or less (no real estate)
Step 2: Gather Required Documents
- Petition for Probate of Will and Issuance of Letters (or Petition for Letters of Administration)
- Original will and codicils (if any)
- Certified death certificate
- Proposed order
- Oath and Bond (or bond waiver)
- Notice of filing to interested parties
Step 3: File Electronically
Submit all documents through the eFileIL system. Original wills must be filed in person at the Clerk's office at the Will County Courthouse.
Step 4: Attend the Court Hearing
A hearing date will be assigned. The petitioner or attorney appears before the probate judge to present the petition.
Step 5: Publish Notice to Creditors
After receiving Letters of Office, publish notice in a Will County newspaper once a week for three consecutive weeks. The first publication must be within 14 days.
Step 6: Complete Estate Administration
File an inventory within 60 days, manage the 6-month claims period, pay valid debts, file tax returns, and distribute assets.
Local Requirements
Will County Local Probate Requirements
- Mandatory E-Filing: All probate filings must be submitted electronically. Original wills are filed in person only.
- Probate Forms: The Will County Circuit Clerk provides downloadable probate forms on their website. These include petitions, orders, inventories, and related documents.
- Inventory: Must be filed within 60 days of the representative's appointment.
- Claims Period: 6 months from the first publication of notice to creditors.
- Bond: May be waived per the will's terms. Otherwise, the court determines the appropriate bond amount.
- Real Property: Orders affecting real property must be recorded with the Will 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 |
|---|---|
| Petition for Probate / Letters of Administration | Approximately $350 - $450 |
| Certified Copies | Varies; contact Clerk's office |
Will County fee schedules are published by the Circuit Clerk. Visit circuitclerkofwillcounty.com or call (815) 727-8592 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, creditor claims, and court schedules.
Local Resources
Will County Probate Resources
- Will County Circuit Clerk — Probate — Filing information and requirements
- Will County Probate Forms — Downloadable probate forms
- Probate Forms — Will County (State of Illinois) — State-provided forms
- Will County Circuit Clerk Fee Schedule — Current fee schedule
- eFileIL — Illinois Electronic Filing — Statewide e-filing portal
- Will County Bar Association — Lawyer referral services