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 Probate Act of 1975, 755 ILCS chapter 5 et. seq.; 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.
Probate Division Case Files
Case files may contain the appearances, court orders, affidavits, certificates, motions, orders, transcripts, petitions, applications and notices.
City of Chicago - Department of Aging
City of Chicago Services for the Elderly and/or Disabled https://www.chicago.gov/city/en/depts/fss/provdrs/senior.html
Cook County Treasurer
For Funds Deposited per Court Order in Probate Case, Inheritance Tax, Refunds - Contact Maria Pappas 312-443-5100
Guardianship and Advocacy Commission
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. Location: 160 N. LaSalle St., Suite S-500, Chicago, IL 60601. Phone: 312-793-5900.
Illinois Department of Financial & Professional Regulation
For inquiries about banks and financial institutions - General Information: 312-814-2000.
Offices of Public Guardian of Cook County
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. Location: 69 West Washington St., Room 1800, Chicago, IL 60602. Phone: 312-603-0800
State of Illinois Department on Aging
State of Illinois for the Elderly and/or Disabled. Contact: 1-800-252-8966 (inside Illinois). Illinois Elder Abuse 24 Hour Protective Services Hotline: 1-866-800-1409 or 1-888-206-1327 (TTY).
State of Illinois Treasurer’s Office - Unclaimed Property Page
For inquiries regarding unclaimed property.
Frequently Asked Questions
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 or physical disability or minor status (person under the age of 18).
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.
A petition for guardianship (with the appropriate filing fee) must be filed in the Clerk's Office. Once guardianship papers (the petition) are filed with the court, the process takes about six to ten weeks. This time is used to let the parents (or interested party) become aware of all the proceedings. If the parents do not need to be given notice, it only takes about six to eight weeks. If they have to be informed by mail or by publication (in a newspaper), it takes six to ten weeks. Please note that the court will also do a background check and an abuse and neglect check on the prospective guardian(s), and this may take between four to six weeks to complete. The judge reviews the petition and the background check that has been conducted on all potential guardians. Finally, the judge will make the determination of who will be appointed guardian of a minor.
For further information and assistance, contact The Office of the Chief Judge - Chicago Volunteer Legal Services - Guardianship Assistance Desk for Minors at the following address and telephone number:
69 W. Washington St., Room 1020
Chicago, IL 60602
Yes, if the order being sought is in conjunction with a minor or disabled case.
There is no fee for filing a will.