If you’re trying to find out whether a probate case has been opened for someone who has passed away, here’s how to check.
Which county handles the probate case? Probate cases are filed with the circuit court in the county where the deceased person was living at the time of death — not necessarily where they died, owned property, or where their family lives now.
How to Search for an Open Probate Case Online
Most Illinois counties now let you search court records online by the deceased person’s name. Here are links for the counties we regularly handle probate matters in:
- Kane County Circuit Clerk
- Cook County Circuit Clerk
- DuPage County Circuit Clerk
- DeKalb County Circuit Clerk
- McHenry County Circuit Clerk
If the estate was in a different Illinois county, it doesn’t mean we can’t help you. Please contact us, and if we are unable to help you in your situation, we will try our best to point you in the right direction.
If you can’t find an open probate case, you will need to open one yourself. There are exact forms and filing requirements that must be met. This is where it gets confusing. If they aren’t followed correctly, the clerk’s office may refuse to open the case, or a probate judge may later dismiss it for missing required documents, which only delays the distribution of the estate assets.
Our office has handled probate cases in Kane, Cook, DuPage, DeKalb, and McHenry Counties for over twenty years. Contact us to go through your specific situation and determine the next steps. Some estates do not need to have a probate opened based on the size or the individual’s estate planning.
About the Author
Lauren E. Jackson has been licensed to practice law in Illinois since 2003. She founded Lauren Jackson Law to help clients throughout Northern Illinois — with offices in St. Charles and Elgin — with real estate, estate planning, probate, and business succession matters. Full bio →