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Kane County, IL Probate Information
Quick facts
| Item | Kane County information |
|---|---|
| Court | Kane County Circuit Court, Sixteenth Judicial Circuit. Kane County is the only county in the circuit. |
| Filing office | Kane County Circuit Clerk, 540 South Randall Road, St. Charles, Illinois 60174. Mailing address: Clerk of the Circuit Court, 540 S. Randall Rd., St. Charles, IL 60174. |
| Hearing location | Estate and Probate call, Courtroom 110, Kane County Courthouse, 100 South Third Street, Geneva, Illinois 60134. |
| Phone | 630-232-3413. For a court date, choose the Scheduler prompt, then Civil/Family Scheduling. |
| Email and fax | Civil case types including Probate (PR): [email protected], fax 630-232-3419. The clerk does not accept filings by email or fax. |
| Hours | Main office: Monday through Friday, 8:30 a.m. to 4:30 p.m. Courthouse satellite and Judicial Center satellite: Monday through Friday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m. Aurora Branch Court satellite: Monday through Friday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 3:00 p.m. |
| Filing fee | Administration of a decedent's estate: $414.00, effective July 12, 2026. This includes a $100.00 statutory guardianship and advocacy operations fee that the court can reduce, suspend or release and that is not imposed against a person the court finds indigent. Appearance or answer: $239.00, effective July 12, 2026, except there is no fee under 705 ILCS 105/27.1b for an appearance filed only to consent or for the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem or special administrator. No fee to file a will under 755 ILCS 5/6-1, with copy and certification charges extra. |
| Local forms | Yes. Kane publishes a numbered P1-PR probate form set, including petitions for letters testamentary and letters of administration, heirship forms, oath and bond forms, inventory, notices, claims and closing forms. |
| E-filing | Civil probate filings are e-filed through eFileIL unless the filer has a Rule 9(d) exemption. Original wills are filed on paper because Kane Local Rule 2A.01(a) excludes the WI case type and Illinois Supreme Court Rule 9(c)(1) excepts original wills. |
| Case search | Kane is not on Judici. Use the Clerk's Odyssey portal at https://kanecoportal.co.kane.il.us/portal for online court records. To find a case number by name, use the court notification case search at https://enotifysearch.kanecountyil.gov/. |
| Remote appearance | Routine non-evidentiary Kane probate hearings may be attended remotely without advance approval under Illinois Supreme Court Rule 45. Kane Local Rule 1.17 exempts only jury trials from remote proceedings, and the judge may still require in-person attendance for reasons specific to the case. |
| Main websites | https://cic.countyofkane.org/, https://www.illinois16thjudicialcircuit.org/ and https://kanecourt.org/ |
Before you begin — know the assets and liabilities
Before you file in Kane County, make a practical list of the decedent's assets, debts, account holders, real estate, vehicles, likely heirs and the original will. That list determines whether estate settlement needs a court case, which Kane P1-PR forms fit, whether a bond or surety issue may arise, and whether the first filing should ask for letters of office under 755 ILCS 5.
Sunset's asset discovery searches more than 2,300 financial institutions, which can help you avoid opening a Kane estate before you know what must actually be collected. Knowing the assets first also helps you decide whether the St. Charles filing office, the Geneva hearing call, eFileIL, a paper original will, or a local attorney should be part of the estate settlement plan.
Which court handles jurisdiction
Kane County is the entire Sixteenth Judicial Circuit. Every Kane County decedent's estate is opened with the Kane County Circuit Clerk, and there is no other county counter inside the circuit.
Illinois venue is county-based. A probate or administration case belongs first in the county of the decedent's known place of residence, then in the county holding the greater part of the real estate, and then in the county holding the greater part of the personal estate (755 ILCS 5/5-1).
For Kane County, the county seat and probate hearing location are in Geneva. The Circuit Clerk's main filing office is in St. Charles. Court publications also identify court locations in Aurora and Elgin, but probate hearings are assigned to the Kane County Courthouse in Geneva.
The jurisdiction process
- File the original will with the Kane County Circuit Clerk immediately if one exists. Under 755 ILCS 5/6-1, the will is filed with the clerk of the proper county. In Kane, the original will is filed on paper because Kane Local Rule 2A.01(a) excludes WI cases from e-filing and Illinois Supreme Court Rule 9(c)(1) excepts original wills. Bring it to the main office at 540 South Randall Road in St. Charles, use an open satellite counter, or mail it to the main office. No fee to file a will under 755 ILCS 5/6-1, with copy and certification charges extra.
- Call the clerk for a Courtroom 110 date before filing the petition. Use 630-232-3413, choose the Scheduler prompt, then Civil/Family Scheduling. Provide the courtroom or judge, the reason for the date and contact information. After documents with the scheduled date are filed, the clerk says there are no cancellations.
- Prepare the Kane P1-PR forms. Start with P1-PR-040 New Case Probate Information Sheet. For a will, use P1-PR-001a and the copy-of-will affidavit P1-PR-015 required by Local Rule 8.04(a). For an intestate estate, use P1-PR-003a. Use the appropriate heirship forms, oath and bond forms, and proposed orders.
- E-file the probate petition through eFileIL unless you have a Rule 9(d) exemption. Kane's e-filing instructions say each headed document should be its own PDF, supporting papers for a petition should be behind that petition as one PDF where possible, and envelopes are processed within three business days in the order received. If you are exempt, file on paper at the main office, an open satellite counter, or by mail.
- Pay the filing fee or request a fee waiver. Administration of a decedent's estate is $414.00, effective July 12, 2026. That includes a $100.00 statutory guardianship and advocacy operations fee that the court can reduce, suspend or release and that is not imposed against a person the court finds indigent. If you cannot afford fees, attach the Application for Waiver of Court Fees for a judge to decide.
- Prove heirship and address bond. Kane Local Rule 8.03 allows heirship proof by testimony in open court, affidavit under 755 ILCS 5/5-3 or deposition. Kane Local Rule 8.06(c) requires an individual bond or surety even if the will waives bond or security, so use the Kane oath, bond, personal-surety or corporate-surety forms that match the situation.
- Attend the Estate and Probate call. The call is in Courtroom 110 at the Kane County Courthouse, 100 South Third Street, Geneva. Routine non-evidentiary matters can be attended remotely without advance approval under Illinois Supreme Court Rule 45. Kane Local Rule 1.17 exempts only jury trials, and Zoom details are found through KaneCourt.org and on the notice or order setting the date.
- Take out letters of office under 755 ILCS 5 if the court appoints a representative. Kane's fee schedule lists certified letters of office at $2.00 each, effective July 12, 2026, and the clerk states the first letter is free.
- Give notices and publish the creditor notice. Use the Kane notice and publication forms as needed. Creditor notice under 755 ILCS 5/18-3 is published once each week for three successive weeks, with the claim date at least 6 months from first publication or three months from mailing or delivery, whichever is later. Kane says publication prices, circulation and deadlines are the filer's responsibility and are paid to the newspaper.
- Administer, account and close. In supervised administration, Local Rule 8.10 requires the inventory within 60 days after letters of office under 755 ILCS 5 issue. Handle claims using P1-PR-021 and the Kane claim fee tiers. Use the accounting, final report and receipt forms as the case requires, and satisfy Local Rule 8.11 before any final account is approved.
Executor duties
Kane County adds several local practice requirements to the representative's statewide duties. If the estate is supervised, Local Rule 8.10 requires an inventory within 60 days after letters of office under 755 ILCS 5 issue, and the inventory must use consecutive roman-numeral item numbers that carry forward into accounts.
Kane Local Rule 8.06(c) requires an individual bond or surety even when the will waives bond or security. The personal-surety route uses P1-PR-012, and the corporate-surety route uses P1-PR-014.
For supervised accounts, Local Rule 8.11 requires accountings at least annually until the estate is declared settled and closed. Before a final account is approved, the representative must show final costs, the clerk's claim certificate, receipts or claim status, and evidence that any federal or Illinois estate tax has been paid or otherwise provided for.
Forms and documents
Probate forms in Kane County
Kane County publishes a large P1-PR probate form set through the Circuit Clerk. Common decedent-estate forms include P1-PR-040 New Case Probate Information Sheet, P1-PR-001a Petition for Probate of Will and Letters Testamentary, P1-PR-003a Petition for Letters of Administration, P1-PR-005 Affidavit of Eligibility, P1-PR-009a and P1-PR-009b Affidavits of Heirship, P1-PR-010 Order Declaring Heirship, P1-PR-011 and P1-PR-013 oath and bond forms, P1-PR-012 Qualification of the Principal and the Personal Sureties, P1-PR-014 Certification of Corporate Surety, P1-PR-015 Affidavit as to Copy of Will, P1-PR-016 Inventory, P1-PR-017 Certificate of Mailing and/or Publication, P1-PR-019 Mailed Notice to Creditors, P1-PR-021 Claim on Estate, P1-PR-023 Final Report of Independent Representative, and P1-PR-024 Receipt on Distribution.
Kane Local Rule 8.04(a) requires a copy of the will and an affidavit that the copy is accurate when a will is offered for admission. Kane's form for that affidavit is P1-PR-015. Kane Local Rule 2.04(d) also requires a New Case Information Sheet when an action is started with paper filings.
Kane does not publish a local 755 ILCS 5/Art. XXV small estate affidavit form. Illinois Legal Aid Online offers the automated Small Estate Affidavit Easy Form for matters that fit that Probate Act procedure, and that affidavit is presented to the holder of property rather than filed with the Circuit Clerk.
Fees
| Fee item | Amount | Notes |
|---|---|---|
| Administration of decedent's estate | $414.00, effective July 12, 2026 | Includes a $100.00 statutory guardianship and advocacy operations fee that the court can reduce, suspend or release and that is not imposed against a person the court finds indigent. |
| Appearance or answer | $239.00, effective July 12, 2026 | No fee under 705 ILCS 105/27.1b for an appearance filed only to consent or for the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem or special administrator. |
| Filing a will alone | No fee under 755 ILCS 5/6-1 | Copy and certification charges are separate. |
| Claim on an estate | $25.00, $40.00 or $60.00, effective July 12, 2026 | The amount depends on the claim tier listed in the Kane County 16th Judicial Circuit Fee Schedule. |
| Probate each account and report | $25.00, effective July 12, 2026 | Applies to accounts and reports listed in the Kane fee schedule. |
| Letters of office under 755 ILCS 5 | $2.00 each, effective July 12, 2026 | The clerk also states that the first letter is free and that letters can be ordered by mail with the correct fees. |
| Jury demand | $137.50, effective July 12, 2026 | Kane Local Rule 8.24 requires the demand and fee when the petition or claim is filed. |
Publication is not paid to the Circuit Clerk. Kane's publications page says the filer is responsible for contacting a local newspaper for publication prices, circulation and deadlines, and the clerk sends the publication to the newspaper only if an order and authorization are provided.
Timeline
- Before filing a petition that needs a hearing, call 630-232-3413, choose Scheduler, then Civil/Family Scheduling, and obtain a Courtroom 110 date.
- E-file the dated petition through eFileIL unless exempt. Kane's e-filing page says envelopes are processed within three business days in the order received.
- After documents with the scheduled date are filed, the clerk says there are no cancellations. Attend the date in person in Courtroom 110 or remotely if Rule 45 and the judge's case directions allow.
- General Order 24-11 lists decedents, estate motions and status at 9:30 a.m. Tuesday through Friday in Courtroom 110. Monday is listed for special settings and hearings, trials and conferences.
- In supervised administration, file the inventory within 60 days after letters of office under 755 ILCS 5 issue, as required by Kane Local Rule 8.10(a).
- Publish creditor notice under 755 ILCS 5/18-3 once each week for three successive weeks, with the claim date at least 6 months from first publication or three months from mailing or delivery, whichever is later.
- For supervised accounts, Kane Local Rule 8.11(a) requires accountings at least annually until the estate is declared settled and closed.
- For an account hearing, Kane Local Rule 8.12(a)(3) requires notice at least seven days before the hearing, or at least 21 days if the person resides outside the United States. Publication under Local Rule 8.12(a)(4) applies when a name or residence is unknown after due diligence and an affidavit is filed.
Local nuance
Kane County-specific considerations
| Local point | What it means in Kane County |
|---|---|
| Two buildings matter | File with the Circuit Clerk in St. Charles or by eFileIL if eligible, but expect the Estate and Probate call in Courtroom 110 at the Kane County Courthouse in Geneva. |
| Schedule before filing | Call 630-232-3413, choose Scheduler, then Civil/Family Scheduling before you file a petition that needs a hearing date. Once documents with that date are filed, the clerk says there are no cancellations. |
| Remote is the starting point for routine matters | Rule 45 allows remote attendance without advance approval for routine non-evidentiary probate matters. Kane Local Rule 1.17 exempts only jury trials, while the judge can still require in-person attendance for reasons specific to the case. |
| Original wills move on paper | Kane Local Rule 2A.01(a) excludes the WI case type from e-filing. File the original will on paper with the Circuit Clerk, and keep a copy. |
| Bond or surety can still be required | Kane Local Rule 8.06(c) says an individual bond or surety is required even though the will waives bond or security. |
| Aurora satellite closes earlier | The Aurora Branch Court satellite counter closes at 3:00 p.m. The Courthouse and Judicial Center satellites close at 4:30 p.m. after a lunch closure. |
Recent updates
| Change | Date | Where to check |
|---|---|---|
| Kane County's fee schedule lists administration of a decedent's estate at $414.00, appearance or answer at $239.00, claim tiers at $25.00, $40.00 and $60.00, each account and report at $25.00, certified letters of office under 755 ILCS 5 at $2.00 each and probate jury demand at $137.50. | Effective July 12, 2026 | https://cic.countyofkane.org/Documents/FeeSchedule.pdf |
| Illinois Supreme Court Rule 45 now lists Probate (PR) as a civil matter and allows remote attendance without advance approval for routine non-evidentiary matters, subject to the judge's case-specific discretion. Kane Local Rule 1.17 exempts only jury trials from remote proceedings. | Amended December 2, 2025, effective March 1, 2026 | https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/f06d63ba-828e-40f2-8ae2-ef4b11c9c66b/Rule%2045.pdf |
| General Order 24-11 assigned the decedent probate call to Courtroom 110 at the Kane County Courthouse in Geneva, with decedents' estate motions and status at 9:30 a.m. Tuesday through Friday. | Effective March 15, 2024 | https://www.kanecountybar.org/wp-content/uploads/2025/01/24-11.pdf |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Kane County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking title, account ownership and beneficiary designations before opening a case. If a court case is needed for assets in the decedent's name, file with the Circuit Clerk in St. Charles and attend the Courtroom 110 call in Geneva or remotely under Rule 45. | Sunset helps identify accounts, organize the asset list and prepare questions for a Kane probate attorney before estate settlement decisions are made. |
| Out-of-state adult child with small estate | If the matter fits the 755 ILCS 5/Art. XXV small estate affidavit process, the affidavit is handled with the property holder rather than filed with the Kane Circuit Clerk. If a Kane court case is needed, the original will still travels on paper, the petition is e-filed unless exempt, and routine hearings can usually be attended by Zoom. | Sunset helps the child gather institution information, distinguish court and non-court tasks, and prepare for remote participation if a Kane hearing is needed. |
| Parent settling predeceased child's estate, home must be sold | Real estate that must be sold often requires letters of office under 755 ILCS 5 and careful attention to bond, notice, claims and any court approvals. Kane's Estate and Probate call is in Courtroom 110, with local P1-PR forms and local inventory and accounting rules. | Sunset helps build the asset picture, generate the local packet and connect the family with a vetted attorney when the sale and court filings need legal support. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Kane County Circuit Clerk | Filing office for probate, P1-PR forms, fee schedule, e-filing instructions, court-date scheduling, letters of office under 755 ILCS 5 and online court records. | 540 South Randall Road, St. Charles, IL 60174. 630-232-3413. [email protected]. https://cic.countyofkane.org/ |
| Circuit Court of the Sixteenth Judicial Circuit | Publishes Kane County local rules, Article 8 probate procedures, Rule 1.17 remote appearance procedures, court addresses and judge assignments. | https://www.illinois16thjudicialcircuit.org/ |
| Kane Court Partners | Route to Join Zoom Court, the Zoom Court Directory, Courtroom 110 Estate and Probate listing, Find My Court Date and hearing reminders. | https://kanecourt.org/streaming-directory |
| Kane County Law Library and Self Help Legal Center | Public law library with computers, scanners, Zoom access, e-filing support and legal information. Staff cannot give legal advice. Its volunteer-lawyer programs are not published as probate programs. | Kane County Judicial Center, 37W777 IL Route 38, St. Charles, IL 60175. 630-406-7126. Monday, Tuesday, Thursday and Friday, 8:30 a.m. to 4:30 p.m.; Wednesday, 8:30 a.m. to 7:00 p.m. https://www.kclawlibrary.org/ |
| Kane County Court Hearing Reminder Service | Free email or text reminders two days and one day before a court event, plus a name-based case search that can help find Kane case numbers. | https://applications.kanecountyil.gov/courtnotifications/ and https://enotifysearch.kanecountyil.gov/ |
| Prairie State Legal Services, West Suburban Office | Free civil legal help for people who qualify. Prairie State lists Kane County among the counties served by its West Suburban Office. | 31W001 East North Avenue, Suite 200, West Chicago, IL 60185. 630-690-2130. Toll free 800-690-2130. https://pslegal.org/our-offices |
| Illinois Legal Aid Online | Plain-language Illinois estate guides and the 755 ILCS 5/Art. XXV Small Estate Affidavit Easy Form. | https://www.illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies |
| eFileIL | State electronic filing system for Kane civil probate filings, with provider information and self-help guides. | https://www.illinoiscourts.gov/eservices/efileil/ |
When to hire an attorney
Counsel often makes sense in Kane County when a petition asks for letters of office under 755 ILCS 5, when a bond or surety is needed despite a will waiver, when the estate has real estate, creditor claims, a disputed heirship issue, a will contest, a fee petition, supervised accounting or a sale that needs court approval. Kane's clerk and law library can provide forms and legal information, but they cannot give legal advice, and Illinois law generally does not allow a non-lawyer representative to litigate the estate's interests for beneficiaries and creditors. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, balances and other assets before estate settlement decisions are made.
Generate the probate packet. Sunset uses the information you provide to assemble a Kane County probate packet around the local P1-PR forms, the original-will paper filing rule, and the need to schedule Courtroom 110 before filing.
Find a local probate attorney. When the estate needs counsel for real estate, claims, bond or surety issues, supervised accounting, a dispute or a court appearance, Sunset can connect the family with a vetted Illinois probate attorney familiar with Kane County practice.
Sunset is free for families. Sunset helps organize the estate settlement workflow, identify what is missing and prepare the family for the next local step without charging families for the platform.
Frequently asked questions
Where do I file a Kane County probate case?
File with the Kane County Circuit Clerk. The main office and mailing address are 540 South Randall Road, St. Charles, Illinois 60174. The Estate and Probate call is heard separately in Courtroom 110 at the Kane County Courthouse, 100 South Third Street, Geneva.
Do I have to e-file probate papers in Kane County?
Civil probate filings are e-filed through eFileIL unless a self-represented filer has a Rule 9(d) exemption. Original wills are different: Kane Local Rule 2A.01(a) excludes the WI case type, and Illinois Supreme Court Rule 9(c)(1) excepts original wills, so the original will goes to the clerk on paper.
Is there a fee to file a will in Kane County?
No fee to file a will under 755 ILCS 5/6-1. Kane's fee schedule also lists filing a will as no fee, not including copy and certification charges.
How much does it cost to open a Kane County decedent's estate?
The Kane County 16th Judicial Circuit Fee Schedule lists administration of a decedent's estate at $414.00, effective July 12, 2026. That amount includes a $100.00 statutory guardianship and advocacy operations fee that the court can reduce, suspend or release and that is not imposed against a person the court finds indigent. The appearance or answer fee is $239.00, effective July 12, 2026, but there is no fee under 705 ILCS 105/27.1b for an appearance filed only to consent or for the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem or special administrator.
Can I attend a Kane County probate hearing by Zoom?
For routine non-evidentiary probate matters, yes. Illinois Supreme Court Rule 45 permits remote attendance without advance approval, and Kane Local Rule 1.17 exempts only jury trials from remote proceedings. The judge can still require in-person attendance for reasons specific to the case. Use the Join Zoom Court route at KaneCourt.org and the Courtroom 110 listing.
When is the Kane County decedent probate call?
General Order 24-11 places the decedent probate call in Courtroom 110. The published schedule lists decedents, estate motions and status at 9:30 a.m. Tuesday through Friday. Monday has special settings and hearings, trials and conferences. The court and clerk do not publish a filing-to-hearing wait for opening an estate.
How do I get a Kane County probate court date?
Call 630-232-3413 before filing, choose the Scheduler prompt, then Civil/Family Scheduling. The clerk checks calendar availability and gives the date. After documents with the scheduled date are filed, the clerk's page says there are no cancellations and you need to appear before the court.
How do I look up a Kane County probate case?
Kane is not on Judici. Use the Clerk's Odyssey portal at https://kanecoportal.co.kane.il.us/portal for online court records. The clerk's court notification case search at https://enotifysearch.kanecountyil.gov/ can help find a case number by name. The clerk says case-number searches use the four-digit year, case type and remaining numbers without dashes, following the pattern 2024MR3.
Do I have to travel to Kane County for probate?
You may need to send original paper documents to the Circuit Clerk, especially the original will. Routine non-evidentiary hearings can usually be attended remotely under Rule 45 and Kane Local Rule 1.17, but the judge can order in-person attendance for reasons specific to the case.
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.