Step-by-Step Guide to Probate in Lake County, Illinois

1. Locate the Correct Court

   Lake County’s Probate matters are handled in the 19th Judicial Circuit Court. Visit the Main Courthouse at

   18 N. County Street, Waukegan, IL 60085. Parking is available in the lot behind the building, and the Probate Division is in the Circuit Clerk’s Office on the lower level.

2. Gather Your Documents

   • Original Last Will and Testament (if one exists)

   • Certified Death Certificate (order from the county vital records office)

   • A completed Petition for Probate form (available from the Clerk’s Office or online)

   • An Affidavit of Heirs (lists all next of kin if there is no will)

   • Proof of notice addresses for all heirs and beneficiaries

3. File the Petition and Open the Estate

   • Take your packet to the Probate Division counter; the clerk will stamp, log, and assign a case number.

   • Pay the filing fee (based on estate value — check the current fee schedule online or at the courthouse).

   • Once your petition is accepted, the judge will enter an order admitting the will (or appointing an administrator if there’s no will) and issue Letters of Office. These letters authorize you to act on the estate’s behalf.

4. Notify Heirs and Creditors

   • Within 14 days, mail a Notice of Probate to every person named in the will and to any statutory heirs if there is no will.

   • Publish a Notice to Creditors one time per week for three consecutive weeks in a local newspaper (for example, the Lake County News–Sun). Keep proof of publication.

5. Inventory and Appraise Assets

   • Assemble all assets owned by the decedent at death: real estate, bank and brokerage accounts, retirement plans, life-insurance proceeds, vehicles, business interests, and personal effects.

   • For any real estate or valuable artwork/jewelry, obtain a professional appraisal.

   • Complete the Inventory and Appraisement form and file it with the court (usually within 60 days of appointment).

6. Manage Creditor Claims

   • Creditors have six months from the date of first publication to file a claim against the estate.

   • Review each claim carefully: you may pay, negotiate a lower amount, or reject it if you believe it is invalid.

   • If you reject a claim, send a formal rejection letter. The creditor then has two months to sue; if they do not, the claim is barred.

7. Pay Debts, Taxes, and Expenses

   • Use the estate’s bank account (opened using the Letters of Office) to pay: funeral costs, outstanding medical bills, utility arrearages, mortgage balances, and any real-estate taxes.

   • If the estate exceeds federal or Illinois exemption thresholds, prepare and file the appropriate estate-tax returns and pay any taxes due.

   • Keep detailed records and receipts—these will form the basis of your final accounting.

8. Prepare the Final Accounting

   • Compile every transaction: all deposits into the estate account, all payments out, and any sales of property.

   • Format it as a ledger or spreadsheet, with dates, payee names, descriptions, and amounts.

   • File the Verified Final Accounting with the court and serve copies on all heirs and beneficiaries.

9. Distribute Remaining Assets

   • Draft a proposed distribution schedule showing exactly which assets or checks each heir or beneficiary will receive.

   • Have each recipient sign a Receipt and Release form, confirming they’ve received their share and waive further accounting.

   • Transfer real estate by recording an Executor’s Deed at the Recorder’s Office; deliver personal items or stock certificates as directed.

10. Close the Estate

    • File a Petition for Discharge along with signed Releases and the court-approved distribution plan.

    • The judge issues an Order of Discharge, formally ending probate.

    • Any final checks or stray refunds (e.g., utility deposits) can be paid out after discharge, or you may hold a small reserve for up to one year before final distribution.

Tips for Success

• Independent Administration: If all heirs consent, request independent administration at the start to avoid multiple court hearings on routine tasks.

• Stay Organized: Use a dedicated binder or digital folder for every form, notice, publication affidavit, and receipt.

• Watch Deadlines: Missing the creditor-claim window or inventory deadline can expose you to personal liability.

• Local Rules: Lake County may update probate forms or fees—always verify current requirements on the Circuit Clerk’s website before filing.

• Get Help Early: Even a “simple” estate can run into complex tax or title issues. Consulting a probate attorney at the outset can save time and prevent costly errors.

By following these ten steps in order, you’ll guide the estate through Lake County’s probate process from filing to discharge, closing the decedent’s affairs accurately and efficiently.