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Clerk of the Circuit Court of Cook County, Illinois
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Estates

Wills

Letters of Office

Passports

Guardianship of Minors or Persons with Disabilities
Probate Division

Building Name
Richard J. Daley Center
 
Address
50 West Washington Street
Room 1202
Chicago , IL 60602
   
Chief Deputy Clerk
Jennifer Smith
Assistant Chief Deputy Clerk
Best Anaele
   
Hours
8:30 a.m. to 4:30 p.m., Monday through Friday, Excluding Court Holidays  
Telephone Numbers
(312) 603-6441
(312) 603-6457
 
TDD
(312) 603-6888  
Fax
(312) 603-5024  
 


Click Tabs above for more information.


Case Types: Wills of deceased, estates of deceased, estates of disabled adults, estates of minors and wards of the state, guardianship of minors, and guardianship of disabled adults
Dates: 1871- present (Some wills date from the 1850s)
Courts: County Court, 1871-ca. 1880; Probate Court, 1880-1964, Probate Division 1964-present
Available Indexes: Probate Deceased Indexes (microfilm), 1871-1967
Minors Indexes (microfilm), 1871-1976
Incompetents Indexes (microfilm), 1911-1976
Will Indexes (microfilm), 1850-1993
Docket Books, 1871-present (majority stored off-site)
Content:

Illinois Code of Civil Procedure

Illinois Supreme Court Rules

Circuit Court Rules and Orders

Circuit Court of Cook County – An Informational Guide

Clerk of the Circuit Court Probate Division Forms

Clerk of the Circuit Court General Forms

Finding an Attorney

Clerk’s Office Probate Division Brochure

Illinois Probate Act of 1975, 755 ILCS 5/1-1 et. seq.

Circuit Court General Order 1.2(2.1)(e)

Passport Information

City of Chicago Services:
For the Elderly and/or Disabled - City of Chicago- Department of Aging

Birth Certificates/Death Certificates:
City of Chicago - Department of Public Health

Birth Certificates, Chicago only (last 3 months)
Concourse Level, Room CL-114 of the Daley Center 312-744-3798

Death Certificates, 1993 to date,
Concourse Level, Room CL-114 of the Daley Center 312-744-3798

For Cook County Services Regarding Probate (Deeds/ Property Ownership, Public Guardians, Public Administrator, Death Certificates)

Office of the County Clerk
Vital Records-
Death Certificates (County Deaths 1871- July 2004)
Death Certificates (City Deaths 1871-April 2003)
118 North Clark Street
Lower Level
General Information: 312-603-7790

Cook County Recorder of Deeds
(For ALL property deed inquiries)
118 North Clark Street
Room 120
Public Information Number: 312-603-5050

Cook County Public Administrator:
Michael I. Bender
69 W. Washington St., Room 2640
Chicago, IL 60602
312-603-0100
(When the decedent’s estate has no administrator)

Offices of Public Guardian of Cook County
Robert F. Harris
69 West Washington St., Room 1800
Chicago, IL 60602
312-603-0800
(For cases where no one is available to be guardian of the disabled person; an agency is required to be guardian of the person and/or estate; and there are assets GREATER THAN $25,000).

Another Public Guardian Office is located at:
2245 W. Ogden, 4th Fl
Chicago, IL 60612
312-433-4300

Cook County Treasurer (Funds Deposited per Court Order in Probate Case, Inheritance Tax, Refunds)
Maria Pappas
312-443-5100

State of Illinois Services for the Elderly and/or Disabled
Department on Aging
Information: 1-800-252-8966 (inside Illinois)

Guardianship and Advocacy Commission
160 N. LaSalle St., Suite S-500
Chicago, IL 60601
312-793-5908
(For cases where no one is available to be guardian of the disabled person; an agency is required to be guardian of the person and/or estate; and there are assets of LESS THAN $25,000).

Department of Financial Institutions
General Information: 312-814-2000
(For inquiries about banks and financial institutions).

State of Illinois Treasurer’s Office
The Honorable Judy Baar Topinka
General Information: 312-814-1700
(For inquiries regarding “DASH FOR CASH” requirements for monies, personal estates and property that have escheated to the state)

TO COMPLETE PROBATE DIVISION FORMS

Minor Guardianship Forms (Person Only):
Minor Guardianship Assistance Help Desk of the Circuit Court of Cook County
69 W. Washington, Suite 1020
312-603-0135

Adult Disabled Guardianship Forms (Person Only):
Loyola University School of Law Adult Disabled Pro Se Help Desk sponsored by the Loyola University School of Law Elder Law Initiative
Probate Division- Room 1202 of the Richard J. Daley Center
Please check with our Claims Counter (Counter 7a) and our Public Information Counter (Counter 8a) for current days and hours.

Civil Legal Services Organizations to Contact for Legal Advice and Assistance:

For Adult Disabled Guardianships:
Guardianship Services Associates (a private, non-profit social services agency)
41A South Blvd.
Oak Park, IL
708-386-5398

For Minor Guardianship Questions:
Chicago Volunteer Legal Services (CVLS)
100 North LaSalle Street
Suite 900
Chicago, IL
312-332-1624

For Passports:

CHICAGO Passport Agency
Kluczynski Federal Building
230 S. Dearborn Street
18th Floor
Chicago, Illinois 60604
312-341-6020

Hours: 9:00am-4:00pm CST, excluding federal holidays
Automated Appointment Number: 312-341-6020

PLEASE NOTE: Chicago Passport Agency serves customers who are traveling within 2 weeks (14 days) or who need foreign visas for travel. An appointment is required. For more information, please go to www.travel.state.gov.

For additional assistance to people representing themselves (pro se litigants), please visit the Clerk of Circuit Court Self Represented (Pro Se) Resources page.

1)      Obtaining Guardianship of the Person of a Disabled Adult
2)      Obtaining Guardianship of a Minor


1.       Obtaining Guardianship of the Person of a Disabled Adult

Fill out the following forms:

Probate Division Cover Sheet

Petition for Appointment of Guardian for Disabled Person

Notice of Rights of Respondent

Summons for the Appointment of Guardian for Disabled Person

Notice of Motion to the Respondent's Relatives

CCP-211 Doctor's Report

Oath and Bond of Representative - No Surety

Exhibit A

Order Appointing Guardian Ad Litem for Disabled Person

Order Appointing Plenary Guardian for Disabled Person

Order Appointing Limited Guardian for Disabled Person

Pay fees and file forms (Fee Schedule CCP 0607.) Take the following completed forms to be filed at the Probate Court Clerk, Room 1202, Richard J. Daley Center, 50 West Washington.

Petition (including Exhibit A) - Five (5) copies; Summons - Three (3) copies - double-sided and pay $94.00 fee.  If you cannot afford to pay the $94.00 fee and meet the income standard, you may qualify as an indigent. The proper form can be obtained from the Probate Court Clerk, Room 1202, Richard J.  Daley Center, 50 West Washington.

Ask which Disabled Calendar the case has been assigned.  This will include the name of the Judge who is hearing the case and the room number where the hearing will take place.  Obtain a court date. Go to the courtroom of the Judge to whom the case has been assigned and tell the client you need to get a date for a Guardianship hearing.  Record this information on the Summons, Notice of Rights, Petition and Notice of Motion.  Issue the Summons go the Probate Court Clerk, Room 1202, Richard J. Daley Center, 50 West Washington, to have the Summons issued.  The Clerk behind the ďFormsĒ desk will be able to assist you.

Arrange for service of Respondent by Cook County Sheriff's Office.

Go to the Cook County Sheriff's Office, 7th Floor, Richard J. Daley Center, 50 West Washington Street. You must arrange for the allegedly disabled person to receive the Petition, Notice of Hearing and Notice of their rights. This is known as ďserviceĒ and must be done through the Cook County Sheriff's Office.

Service must be made NO LATER THAN 14 DAYS PRIOR TO THE HEARING DATE.

Pay the Cook County Sheriff's Office fee of $23.00, plus $.40 per mile for service of the Petition and Guardianship Summons on the Respondent.

Notice

Mail the Petition and the Notice of Motion with the court date, time and location, to all the parties listed on Exhibit A, such as any spouse, ADULT child, sibling (brother or sister) of the disabled person. The Notice of Motion informs all parties that they may appear and participate in the proceedings. In the event that the disabled person does not have any of these relatives surviving them or if there whereabouts are unknown, notice must then be given to any next of kin known. The Petitioner must send these documents 14 days before the hearing date.

Please bring the following items to court on your hearing date: the allegedly disabled person (if this is not possible because of the nature of the disability, some proof of should be prepared for the court); the Petition (your copy); the Order (the original and one copy); the CCP-211 (Doctor's Report - one completed copy and one copy for yourself); the Oath and Bond of Representative - No Surety (one original and one copy); the Notices of Motion (a copy of each Notice sent to each relative); the order appointing Plenary Guardian for Disabled Person (blank original) and the order Appointing Limited Guardian for Disabled Person (blank original).

After the hearing, the court will send you Letters of Office. If you need a certified copy go to Room 1202 to get a certified copy of the order.  The certified copies cost approximately $4.00 each Duties of the Guardian Decisions made by a guardian on behalf of a ward must be made using ďsubstituted Judgment,Ē that is done by conforming as closely as possible to what the ward, if competent, would have done. If this cannot be determined, the guardian must act in the best interest of the ward.

2.      Obtaining Guardianship of a Minor

Review the complete packet before you start to fill out the forms.  Each form has instructions on how to fill out and is followed by the blank form for you to fill out. Make a list of the documents you will need for your particular case and take those forms out and set them aside.

Once you have filled out all of the necessary forms, make sure the forms that require notarization have been notarized and make sure you have original needed documents (such as birth certificate, consent letters, death certificate). Once you have completed all of your paperwork and you are sure to have everything that you need, you will take all of your paperwork to:

Clerk of the Probate Court

Richard J. Daley Center,

50 West Washington, Room 1202

Chicago, IL 60602

The steps to follow will depend on your particular circumstances.

 

 
The Probate Division hears actions concerning the probate and contest of wills and testamentary instruments, claims against an estate arising in contract, tort or otherwise, actions and proceedings arising under the Illinois Power of Attorney Act (755 ILCS 45/101 et seq.) and the administration of estates of decedents, disabled persons, minors and wards and petitions pursuant to the Illinois Insurance Code. The Probate Division also hears actions and proceedings concerning contracts to make a will, construction of wills, the appointment of testamentary trustees during the period of administration, and the appointment of receivers pursuant to Supreme Court Rule 776. The Probate Division hears proceedings regarding:
Claims against Estates Arising in a contract, tort or otherwise.
Guardianship of Estate One who has the legal authority and duty to care for another personís property as a result of that personís incapacity or disability.
Guardianship of Minor Person One who has the legal authority and duty to care for a person who has not reached full legal age; a child of juvenile. Also termed infant.
Guardianship of Minorís Estate One who has the legal authority and duty to care for another personís property who has not reached full legal age; a child of juvenile. Also termed infant.
Guardianship of Person One who has the legal authority and duty to care for another person because of the otherís infancy, incapacity or disability.
Intestate One who has died without a valid will.
Settlement of Cause of Action in a Minorís Estate Authority to accept a settlement on behalf of a minor in tort claim.
Structured Settlement Sale Approval The authority to permit Insurance companies to make payments on a structured settlement claim for personal injury to anyone other then the beneficiary of the settlement or by the beneficiary of such a structured settlement to assign the payment of the settlement to another.
Testate Having left a will at death.
Will Contest The litigation of a willís validity.


CCG-0603A & CCG-603B , Effective 4/27/2010 (705 ILCS 105/27.2(a))

Effective January 1, 2012:
For Appearances filed pursuant to 705 ILCS 105/27.2a(v)(3)(E), the Appearance fee in Probate Division actions will increase from $156.00 to $186.00.

For Form #CCP-0607 (Probate Fee Schedule) — PLEASE CONTACT PROBATE DIVISION FOR CURRENT FEES

Municipality Fees (705 ILCS 105/27.2)

Court Forms
Each of the Divisions provides access to official court forms. There are several ways to obtain the forms. In the office, forms are also available from staff at each of the Division’s public service counters. The public can also access court forms on this website.
1)      What is Guardianship?
2)      How does guardianship differ from adoptions?
3)      How does someone become a guardian?
4)      How much does it cost to file a Will?
5)      If my father lived and died in McHenry County, may I file his Will in Cook County?
6)      Can I file an order of protection in the Probate Division?
7)      Where can I get probate forms that I need?
8)      My father's Will was filed with your office in 1999 and I need a certified copy of the Will to make a claim with the State Treasurer's Office. How can I get this and how much will it cost?
9)      Why can't you help me fill out the forms?
10)      What are the fees for a passport and may I use a credit card to pay them?
 
1)      What is Guardianship?
Guardianship involves the appointment by a court of a legally responsible individual or agency on behalf of a person who is not able to independently manage his or her affairs due to a mental disability or minor status (person under the age of 18).

2)      How does guardianship differ from adoptions?
With adoption, birth parents give up all rights and responsibilities for the child. With guardianship, parents keep some of these rights and responsibilities. For instance, with a guardianship, parents can visit the child or challenge the guardian's power and they can get custody back by going to court. Also, if able, the parents must contribute money to support the child. The guardian can seek this support in Child Support Court.

3)      How does someone become a guardian?
A petition for guardianship must be filed in the Clerk's Office. Once guardianship papers (the petition) are filed with the court, parties appear in court in about three (3) to six (6) weeks. This time is used to let the parents (or interested party) become aware of all the proceedings. The Judge reviews the Petition and a background check is conducted on all potential guardians. Finally, a Judge will make the determination of who will be appointed guardian of a minor.

Contact The Chicago Volunteer Legal Services - Guardianship Assistance Desk for Minors for further information and assistance.
69 W. Washington, Room 1020
Chicago, IL 60602
(312) 603-0135

4)      How much does it cost to file a Will?
There is no fee for filing a will.

5)      If my father lived and died in McHenry County, may I file his Will in Cook County?
No. Under the Probate Act of 1975, a Will must be filed in the county where the decedent resided at the time of death.

6)      Can I file an order of protection in the Probate Division?
Yes.

7)      Where can I get probate forms that I need?
Besides accessing them on this web site, probate forms are also available in the Clerk of the Circuit Court of Cook County's Probate Division in Room 1202 of the Richard J. Daley Center, 50 West Washington, Chicago, Illinois 60602.

8)      My father's Will was filed with your office in 1999 and I need a certified copy of the Will to make a claim with the State Treasurer's Office. How can I get this and how much will it cost?
You may request a certified copy of a will that was filed with the Probate Division by submitting a written request or visiting our offices. To expedite this request, it would be helpful to provide either the Probate case number or the name of the decedent and the date/year of death (if this information is available).

The fees for this service are:
Photocopying - $2.00 for the first page, and $0.50 each additional page.
Certification - $4.00 per document certified.

If making this request by mail, please include a self-addressed stamped envelope, otherwise a fee for postage will be charged.

9)      Why can't you help me fill out the forms?
The Clerk's Office is the official keeper of the records and must remain neutral in all court proceedings; therefore we are prohibited from giving legal advice. However, we maintain a listing of organizations that offer free or low cost legal services to individuals Legal Services. This listing is available upon request at our counter in Room 1202. You may also contact your local bar organizations to get referrals for private attorneys who specialize in whatever area of law you require.

10)      What are the fees for a passport and may I use a credit card to pay them?
The fees for a passport can be found in form CCP 607. We are not yet equipped to accept credit card payment in the Probate Division. Currently, we accept the following methods of payment: cash, personal check, company check, or money order.

Title: Court Forms
Content: Each of the Divisions provides access to official court forms. There are several ways to obtain the forms. In the office, forms are also available from staff at each of the Division’s public service counters. The public can also access court forms on this website.

IMPORTANT / DISCLAIMER:

The information contained in this document is not intended as legal advice.   Persons with further questions on these subjects are strongly encouraged to seek legal advice from an attorney knowledgeable about these matters.

It is unlawful for any clerk or deputy clerk of a circuit court to prepare or draft any document that is to be filed or recorded in the Circuit Court in which he or she is clerk or deputy clerk, except such documents as such clerks are required or by some statute authorized to draft or prepare.   See 705 ILCS 110/1.


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