Lake County
Probate Court
In Illinois, estates are probated in the Circuit Court (Probate Division). This page gathers where to file in Lake County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in Lake County
- Handled by
- Circuit Court (Probate Division)In Illinois, probate cases are adjudicated in the Probate Division of the County Circuit Court (such as the Daley Center in Cook County). Circuit Courts oversee testate and intestate estates, minor guardianships, and disabled adults.
- County building
- Lake County Courthouse Tower 301 Washington Street, Waukegan, IL 60085 OpenStreetMap · view the map entry
- Phone
- No phone number published in an open source. Use the county website's contact page — we don't list numbers we can't source.
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- lakecountyil.govWikidata
- State courts & e-filing
- illinoiscourts.govCase search: Illinois Court Records Online (re:SearchIL / Cook County Clerk of Court)
How probate runs in Lake County
Six stages, with the Illinois rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. Illinois deadline: Immediately upon death, custodian must file original will with the circuit court clerk (755 ILCS 5/6-1); willful concealment for 30 days after learning of death is a Class 3 felony.
- 02
Pick the right track
If the probate estate is under $150,000, a small-estate procedure (755 ILCS 5/25-1 (as amended by P.A. 104-0346, SB 83, eff. Aug 15, 2025)) may avoid full administration.
- 03
Petition the court
File the petition with the Circuit Court (Probate Division) for Lake County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: 6 months from the date of first publication of notice, or 3 months from direct mail notice.
- 06
Account and distribute
Pay debts, taxes and fees (755 ILCS 5/27-1), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Illinois courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
Illinois rules that apply here
Probate law is state law — these apply in all 102 Illinois counties.
- Small estates
- $150,000 gross personal estate (deaths on/after Aug 15, 2025; was $100,000); motor vehicles excluded from the cap; not available if decedent owned Illinois real estate755 ILCS 5/25-1 (as amended by P.A. 104-0346, SB 83, eff. Aug 15, 2025)
- Filing the will
- Immediately upon death, custodian must file original will with the circuit court clerk (755 ILCS 5/6-1); willful concealment for 30 days after learning of death is a Class 3 felony
- Creditor claims
- 6 months from the date of first publication of notice, or 3 months from direct mail notice755 ILCS 5/18-3
- Executor fees
- Reasonable compensation based on hours spent, complexity, and estate size; typically 2% to 4% or $50-$150/hr755 ILCS 5/27-1 · estimate the fee
- Handwritten wills
- Not recognized without witnesses. Illinois does NOT recognize unwitnessed handwritten wills. All wills must be witnessed by 2 or more credible witnesses (755 ILCS 5/4-3).
- Estate tax
- Yes — exemption $4 million.Illinois imposes an estate tax on estates exceeding $4 million with graduated rates up to 16%. No inflation adjustment.
- Inheritance tax
- No.No state inheritance tax in Illinois.
- Typical duration
- 9 to 14 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: mtvernonlaw.com (statute) · faegredrinker.com · ilga.gov · law.justia.com (statute)