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Jo Daviess County, IL Probate Information
Quick facts
| Item | Jo Daviess County detail |
|---|---|
| Court | Circuit Court of the Fifteenth Judicial Circuit, Jo Daviess County |
| Filing office | Clerk of the Circuit Court of Jo Daviess County, also called the Jo Daviess County Circuit Clerk |
| Courthouse address | County Courthouse, 330 North Bench Street, Suite 2C, Galena, IL 61036 |
| Mailing address | Same as the courthouse address. The Circuit Clerk publishes no separate P.O. Box. |
| Phone | (815) 777-0037. No separate probate line is published. |
| Fax | (815) 776-9146. Fifteenth Judicial Circuit Local Rule 3.2(e) says the Clerk does not file documents received by fax unless a Supreme Court Rule or the court authorizes it. |
| [email protected], for questions, not as a filing channel unless the Clerk or court specifically allows it | |
| Hours | Monday through Friday, 8 a.m. to 4 p.m., closed on holidays. No lunch closure or daily filing cutoff is published, so call before making a trip. |
| Filing fee | Administration of a decedent's estate, testate or intestate: $356.00 filing fee, effective October 1, 2025. Appearance, answer or response fee: $181.00, effective October 1, 2025. Will filing: $0.00 under the Jo Daviess County schedule effective October 1, 2025 and 755 ILCS 5/6-1. |
| Letters | Letters of office under 755 ILCS 5 are $2.00 each, effective October 1, 2025. |
| Local forms | No Jo Daviess County decedent-estate petition, oath, inventory, account, closing packet or small-estate template is published. |
| E-filing | Jo Daviess County uses eFileIL. Civil filings are electronically filed unless an exception or exemption applies under Illinois Supreme Court Rule 9. Original wills may not be e-filed under Rule 9(c)(1). |
| Case search | Judici search form for Jo Daviess County: https://www.judici.com/courts/cases/case_search.jsp?court=IL043015J. If an estate does not appear, call the Circuit Clerk. |
| Remote appearance | Zoom is generally available for routine probate matters without advance approval under Illinois Supreme Court Rule 45 and Fifteenth Judicial Circuit Local Rule 4.4. Judge approval is needed for evidentiary hearings, settlement conferences and trials, and the assigned judge can require in-person attendance for case-specific reasons. |
| Website | https://www.jodaviesscountyil.gov/1215/Circuit-Clerk |
Before you begin — know the assets and liabilities
Before you file anything in Galena, make a practical inventory of the estate. List the home, land, vehicles, bank and investment accounts, retirement accounts, insurance, debts, taxes, digital accounts and anything held jointly or by beneficiary designation. That early asset and liability picture determines whether the family needs a court estate, a non-court transfer, or attorney help.
Sunset's estate settlement process helps families find accounts and assets across more than 2,300 financial institutions, organize what is known, and prepare for the Jo Daviess County filing office or an Illinois probate attorney. The goal is to avoid opening the wrong path or paying filing fees before the family knows what must be transferred.
Which court handles jurisdiction
Jo Daviess County estates are filed at one courthouse: the County Courthouse, 330 North Bench Street, Suite 2C, Galena, IL 61036. The Jo Daviess County Circuit Clerk serves the whole county. There are no published satellite probate filing locations.
Jo Daviess County shares the Fifteenth Judicial Circuit with Carroll, Lee, Ogle and Stephenson Counties, but venue is still a county question. Under 755 ILCS 5/5-1, probate or administration is brought in the county of the decedent's known Illinois residence, or if there is none, the county holding the greater part of the decedent's Illinois real estate, or if neither applies, the county holding the greater part of the decedent's personal estate.
The jurisdiction process
- Identify the county for filing. Use Jo Daviess County if venue belongs there under 755 ILCS 5/5-1. A shared Fifteenth Judicial Circuit does not let you file a Jo Daviess County estate in Carroll, Lee, Ogle or Stephenson County.
- Gather the will, death certificate, heirs, beneficiaries, asset list and debt list. If there is an original will, it may not be e-filed under Illinois Supreme Court Rule 9(c)(1). Because Jo Daviess County publishes no separate will-deposit procedure, call the Circuit Clerk at (815) 777-0037 before mailing the original.
- Prepare the petition and supporting papers. Jo Daviess County does not publish a decedent-estate packet, so use Illinois law, the Fifteenth Judicial Circuit's Part 9 probate rules and attorney guidance where needed. File the oath, and post bond unless the will or the court excuses a written bond under 755 ILCS 5/12-2.
- E-file the court papers through eFileIL unless an exception or exemption applies under Illinois Supreme Court Rule 9. Do not fax filings to the Clerk. Local Rule 3.2(b) requires the filing fee or a fee-waiver application to accompany the pleading.
- Pay the Jo Daviess County filing fee. Administration of a decedent's estate, testate or intestate, is $356.00, effective October 1, 2025. An appearance, answer or response is $181.00, effective October 1, 2025. Filing a will under 755 ILCS 5/6-1 is $0.00 on the Jo Daviess County schedule effective October 1, 2025.
- Give required notices. For creditor notice, Illinois requires publication once each week for 3 successive weeks and mailed or delivered notice to known or reasonably ascertainable creditors, with the claim date not less than 6 months from first publication or 3 months from mailing or delivery, whichever is later, under 755 ILCS 5/18-3.
- Schedule and attend the hearing or call set by the court. For routine probate matters, Zoom is generally available without advance approval under Illinois Supreme Court Rule 45 and Fifteenth Judicial Circuit Local Rule 4.4. Approval is needed for evidentiary hearings, settlement conferences and trials, and the assigned judge can require in-person attendance for case-specific reasons.
- After appointment, obtain letters of office under 755 ILCS 5 from the Clerk. Jo Daviess County charges $2.00 each for letters of office under 755 ILCS 5, effective October 1, 2025.
- Administer the estate. Collect assets, deal with claims, pay approved expenses, handle tax issues, sell or transfer property where authorized, and follow the Fifteenth Judicial Circuit Part 9 rules for inventories, claims, accounts and supervised-administration duties where they apply.
- Close the estate. File the required account, receipts, consents or closing papers. In supervised administration, Local Rule 9.11 says the court will not discharge the representative until documentation is filed showing that estate taxes have been paid or that the estate is not subject to estate taxes.
Executor duties
Jo Daviess County follows the Illinois Probate Act, and the Fifteenth Judicial Circuit adds local probate procedures in Part 9 of its local rules. These points matter most when the estate is under supervised administration. Independent administration under Article XXVIII is handled differently in important ways, including inventory practice.
| Local duty | What to do in Jo Daviess County |
|---|---|
| Inventory in supervised administration | File the first inventory with the Circuit Clerk within 60 days after the Clerk issues letters of office under 755 ILCS 5. Local Rule 9.8 also specifies how to describe real estate, stocks, bonds, notes, partnership interests and causes of action. |
| Accounts in supervised administration | Present the account required by section 24-1 of the Probate Act within 60 days after the date that is six months after letters of office under 755 ILCS 5 are issued, and annually after that, under Local Rule 9.12. |
| Final account notice | For a final account, or an account intended to bind interested persons, give notice with a copy of the account at least 10 days before the hearing, or 14 days if the address is outside the United States or Canada, under Local Rule 9.11. |
| Estate tax documentation before discharge | Local Rule 9.11 says the court will not discharge a representative until documentation is filed with the Clerk showing that estate taxes have been paid or that the estate is not subject to estate taxes. |
| Safety deposit box | File a sworn inventory of the contents of any estate safety deposit box under Local Rule 9.5. |
| Inactive estate | Keep the case moving. Under Local Rule 9.10, no action of record for 2 years can lead to removal of the representative or dismissal, and claim consequences are governed by 755 ILCS 5/18-12. |
Forms and documents
Probate forms in Jo Daviess County
Jo Daviess County does not publish a decedent-estate probate packet. The Circuit Clerk's form list does not include a petition to admit a will, petition for letters of office under 755 ILCS 5, oath, bond, inventory, account, closing form or small estate affidavit under 755 ILCS 5/25-1, Art. XXV.
The Fifteenth Judicial Circuit also does not publish a Jo Daviess County probate packet. Instead, Part 9 of the circuit's local rules tells filers what certain probate petitions, inventories, claims, accounts and supplemental proceedings must contain.
| Form or document type | Local status |
|---|---|
| Decedent-estate petition packet | No Jo Daviess County packet is published. |
| Original will | Original wills may not be e-filed under Illinois Supreme Court Rule 9(c)(1). Because the Clerk publishes no separate will-deposit procedure, call (815) 777-0037 before mailing an original will. |
| Handwritten will | Local Rule 9.2 requires a typewritten copy and an affidavit that the copy is true and correct. |
| Will in a language other than English | Local Rule 9.2 requires a typewritten English copy and a certification by a qualified translator. |
| Approved Illinois forms that may help | Appearance and Jury Request, Fee Waiver for Civil Cases, Motions and Notice, and Certification for Exemption From E-filing are available through the Illinois Courts approved forms page. |
Fees
Jo Daviess County publishes a probate-specific fee schedule titled Filing Fees by Case Type, effective October 1, 2025. The amounts below are the local amounts a filer sees for PROBATE/ESTATE (PR), not a statewide estimate.
| Fee item | Amount |
|---|---|
| Administration of decedent's estate, testate or intestate, filing fee | $356.00, effective October 1, 2025 |
| Appearance, answer or response fee for a decedent's estate, testate or intestate | $181.00, effective October 1, 2025 |
| Filing of a will under 755 ILCS 5/6-1 | $0.00, effective October 1, 2025 |
| Letters of office under 755 ILCS 5 | $2.00 each, effective October 1, 2025 |
| Each accounting other than a final account | $25.00, effective October 1, 2025 |
| Probate claim from $0.01 to $150.00 | $0.00, effective October 1, 2025 |
| Probate claim from $150.01 to $500.00 | $25.00, effective October 1, 2025 |
| Probate claim from $500.01 to $10,000.00 | $40.00, effective October 1, 2025 |
| Probate claim of $10,000.01 or more | $60.00, effective October 1, 2025 |
| Certification of any document | $10.00 each, effective October 1, 2025 |
| Exemplification or triplicate certificate of any document | $8.00 each, effective October 1, 2025 |
| Civil search request | $6.00 per search, effective October 1, 2025 |
| Certified mailing fee | $19.00 per defendant, respondent or envelope, effective October 1, 2025 |
| Probate jury demand, 6 person | $68.75, effective October 1, 2025 |
| Probate jury demand, 12 person | $137.50, effective October 1, 2025 |
Publication of notice to creditors is paid to the newspaper, not to the Circuit Clerk. Circuit clerk fees are governed by 705 ILCS 105/27.1b, and Jo Daviess County's published schedule controls what the Clerk charges locally.
Local nuance
Jo Daviess County-specific considerations
| Local point | Why it matters |
|---|---|
| Routine Zoom appearances | Probate (PR) is listed as a civil matter under Illinois Supreme Court Rule 45. In Jo Daviess County, Fifteenth Judicial Circuit Local Rule 4.4 adopts that framework, so routine, non-evidentiary probate appearances may generally be made by Zoom without asking first. Approval is needed for evidentiary hearings, settlement conferences and trials. |
| Written motion is not the default Zoom path | Local Rule 4.4(d) applies when a participant seeks permission for a proceeding type that needs approval. Do not treat a written motion as the ordinary path for a routine uncontested probate appearance. |
| Part 9 local probate rules | The Fifteenth Judicial Circuit has a full Part 9 for Probate Act matters. It covers handwritten and non-English wills, supplemental proceedings, safety deposit boxes, supervised-administration inventories, claims, accounts, inactive estates, jury demands, assignments of interests and fee petitions. |
| Handwritten or non-English wills | Local Rule 9.2 requires a handwritten will or codicil to be filed with a typewritten copy and affidavit. A will or codicil in another language must be filed with a typewritten English copy and a translator certification. |
| Will contests and similar matters | Under Local Rule 9.4, supplemental proceedings such as will contests and will constructions are filed in the probate case using the same case number with a letter suffix. |
| No fax filing | The Clerk publishes a fax number, but Local Rule 3.2(e) says the Clerk does not file documents received by fax unless a Supreme Court Rule or the court authorizes it. |
| Recorder is a different office | The Circuit Clerk takes estate filings. If estate real estate is sold or transferred, the deed is recorded with the Jo Daviess County Clerk and Recorder's Recorder's Office, not with the Circuit Clerk. |
Recent updates
| Update | What changed |
|---|---|
| Filing fee schedule effective October 1, 2025 | Jo Daviess County's PROBATE/ESTATE (PR) schedule lists $356.00 to file an administration of a decedent's estate, testate or intestate, effective October 1, 2025, a $181.00 appearance, answer or response fee, effective October 1, 2025, $0.00 to file a will under 755 ILCS 5/6-1, effective October 1, 2025, letters of office under 755 ILCS 5 at $2.00 each, effective October 1, 2025, and claim, accounting and jury-demand fees on the same effective date. |
| Remote hearings order filed January 11, 2023 | Jo Daviess County Administrative Order No. 2023-1 superseded the county's 2020 remote-hearings order and ties remote appearance to Illinois Supreme Court Rule 45 and Fifteenth Judicial Circuit Local Rule 4.4. The Circuit Clerk also states that most cases can be heard either in person or by Zoom. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Jo Daviess County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by checking the deed and account ownership. If the home and accounts pass outside court, the spouse may not need a full estate. If court authority is needed to collect or sell assets, file in Galena and request letters of office under 755 ILCS 5. | Sunset helps identify accounts, organize ownership information and decide whether estate settlement needs a Jo Daviess County filing or only non-court transfers. |
| Out-of-state adult child w/ small estate | If the assets fit the small estate affidavit path under 755 ILCS 5/25-1, Art. XXV, the affidavit is generally used with the bank or holder rather than filed with the Circuit Clerk. If a court estate is needed, filings can generally be e-filed and routine appearances can generally be by Zoom. | Sunset helps gather asset information before the child travels, prepares an estate settlement checklist, and helps decide when an Illinois attorney is worth involving. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires court authority unless title passes outside the estate. File the probate petition in Jo Daviess County if venue belongs there, request letters of office under 755 ILCS 5, and coordinate any deed recording with the Jo Daviess County Clerk and Recorder's Recorder's Office. | Sunset helps find financial accounts, organize debts and real estate information, and connect the parent with a probate attorney when a sale or court authority is needed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Jo Daviess County Circuit Clerk | Filing office for Jo Daviess County estates. Court staff can answer procedural questions, but Local Rule 3.5(b) says they cannot give legal advice or recommend a specific attorney. | County Courthouse, 330 North Bench Street, Suite 2C, Galena, IL 61036. Phone (815) 777-0037. Email [email protected]. Website: https://www.jodaviesscountyil.gov/1215/Circuit-Clerk |
| Jo Daviess County virtual court page | Publishes courtroom Zoom links, the county remote-hearings order and the How to Use Zoom for Court guide. | https://www.jodaviesscountyil.gov/1385/Virtual-Court |
| Jo Daviess County filing fees by case type | Lists the PROBATE/ESTATE (PR) filing fee, appearance fee, claim fees, letters of office under 755 ILCS 5 and accounting fees, all effective October 1, 2025. | https://www.jodaviesscountyil.gov/DocumentCenter/View/377/Filing-Fees-by-Case-Type-October-1-2025-UA-PDF |
| Fifteenth Judicial Circuit local court rules | Contains Local Rule 4.4 on remote appearances and Part 9 on Probate Act procedures for Jo Daviess County cases. | https://15thjudicialcircuit.com/local-court-rules/ |
| Prairie State Legal Services, Rockford office | Free civil legal help for eligible low-income people in Jo Daviess County. Ask whether the office can help with the specific estate issue. | 303 North Main Street, Suite 600, Rockford, IL 61101. Phone (815) 965-2902. Toll free (800) 892-2985. Website: https://www.pslegal.org/our-offices |
| Illinois Legal Aid Online | Plain-language guides to settling an estate and to the small estate affidavit under 755 ILCS 5/25-1, Art. XXV. | https://www.illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies |
| Illinois Courts approved forms | Approved forms that may help with appearance, fee waiver, motions, notices and e-filing exemption. There is no approved decedent-estate form suite. | https://www.illinoiscourts.gov/documents-and-forms/approved-forms/ |
| eFileIL | Electronic filing system used for Jo Daviess County civil filings. | https://efile.illinoiscourts.gov/ |
| Jo Daviess County Clerk and Recorder, Recorder's Office | Records deeds after estate real estate is sold or transferred. This is a different office from the Circuit Clerk. | Phone (815) 777-9694. Directory: https://www.jodaviesscountyil.gov/directory.aspx |
When to hire an attorney
A lawyer is especially useful in Jo Daviess County when real estate must be sold, heirs disagree, a handwritten or non-English will is involved, creditor claims need to be contested, supervised administration is ordered, or the representative needs help meeting the Fifteenth Judicial Circuit's Part 9 probate rules. A small estate affidavit under 755 ILCS 5/25-1, Art. XXV, is not filed with the court, but a full court estate often affects beneficiaries and creditors beyond the person signing papers. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify bank, brokerage, retirement and insurance relationships before you choose the Jo Daviess County path for estate settlement.
Generate the probate packet. Jo Daviess County does not publish a decedent-estate form packet, so Sunset helps organize the information a lawyer or filer needs for the petition, heirs, assets, debts and letters of office under 755 ILCS 5.
Find a local probate attorney. When a Jo Daviess County estate needs court authority, real estate work, supervised administration or a contested issue, Sunset can connect the family with an Illinois probate attorney.
Sunset is free for families. Sunset's estate settlement tools are free for families, and the family decides whether to use attorney support, asset discovery, document help or all of them.
Frequently asked questions
Where do I file probate in Jo Daviess County?
File Jo Daviess County estate papers with the Clerk of the Circuit Court at the County Courthouse, 330 North Bench Street, Suite 2C, Galena, IL 61036. Venue is county-based under 755 ILCS 5/5-1, so a Jo Daviess County estate is not filed at another county's counter just because that county is also in the Fifteenth Judicial Circuit.
Does Jo Daviess County have a separate probate division?
No. Outside Cook County, Illinois probate matters are handled as civil case matters in the Circuit Court. In Jo Daviess County, the local fee schedule names the case type PROBATE/ESTATE (PR).
Can I e-file a Jo Daviess County probate case?
Yes. Jo Daviess County uses eFileIL for civil filings, and the Circuit Clerk links to the eFileIL portal. Illinois Supreme Court Rule 9 has exceptions and exemptions, including Rule 9(c)(1), which says original wills may not be e-filed.
How do I file an original will in Jo Daviess County?
An original will cannot be e-filed under Illinois Supreme Court Rule 9(c)(1), and filing a will under 755 ILCS 5/6-1 is $0.00 on the Jo Daviess County schedule effective October 1, 2025. The Clerk does not publish a separate local will-deposit procedure, so call (815) 777-0037 before mailing an original will.
How much does it cost to open a decedent's estate in Jo Daviess County?
The Jo Daviess County filing fee for administration of a decedent's estate, testate or intestate, is $356.00, effective October 1, 2025. The appearance, answer or response fee is $181.00, effective October 1, 2025. Letters of office under 755 ILCS 5 are $2.00 each, effective October 1, 2025.
Can I appear by Zoom for a Jo Daviess County probate hearing?
For routine probate matters, Zoom is generally available without advance approval under Illinois Supreme Court Rule 45 and Fifteenth Judicial Circuit Local Rule 4.4. Judge approval is needed for evidentiary hearings, settlement conferences and trials, and the assigned judge can require in-person attendance for case-specific reasons.
Where can I look up a Jo Daviess County estate case?
The Circuit Clerk links Jo Daviess County court searches to Judici at https://www.judici.com/courts/cases/case_search.jsp?court=IL043015J. If you cannot find an estate, call the Circuit Clerk. The Clerk charges $6.00 per civil search, effective October 1, 2025, and does not do searches by phone.
Does Jo Daviess County publish probate forms?
No Jo Daviess County decedent-estate petition, inventory, account, closing packet or small estate affidavit under 755 ILCS 5/25-1, Art. XXV, is published. The Circuit Clerk links to Illinois approved forms, but there is no approved statewide decedent-estate form suite.
Do I have to travel to Galena for probate?
Not always. Filing is generally handled through eFileIL unless an exception or exemption applies, and routine probate appearances can generally be made by Zoom. You may still need to get an original will to the Clerk on paper, and the assigned judge can require an in-person appearance for a case-specific reason.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.