Probate
Probate cases are filed with the Circuit Clerk Civil Division in Room 136, on the first floor of the McHenry County Government Center. Probate involves the administration of the property of a deceased person (“decedent’s estate”). The deceased must be a resident of McHenry County. All Probate and Will filings are accepted in Room 136. There are public viewing terminals located in Room 136 and Room 353. These public viewing terminals allow access to the Circuit Clerk court database and document imaging database. For more general information on Probate Court, review this booklet provided by the Judiciary of the Nineteenth Judicial Circuit.
The following information explains the requirements and procedures for filing probate cases in McHenry County.
Filing Wills Probate/And Or Deceased:
- Wills must be filed within thirty (30) days after the date of death.
- The original Will must be filed with the Circuit Clerk’s Office.
- Wills cannot be filed prior to death.
- The petition to have a Will probated and the original Will can be filed at the same time.
- The Circuit Clerk will maintain the original Will and petition.
- Forms to probate a Will or to probate an estate without a Will are provided by the Circuit Clerk in Room 356. Many of the forms are available on-line from the list below.