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PROBATE
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Disabled Adult Guardianship |
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The Circuit Clerk’s Civil Division is responsible for all Probate cases filed in McHenry County. The Civil Division is located in Room 356, on the third floor of the McHenry County Government Center.
Generally, three types of matters are handled in Probate Court:
1. The administration of the property of a deceased person ("decedent's estate");
2. The administration of personal and financial affairs for any individual suffering from extreme mental and/or physical disabilities ("disabled's estate"); and
3. The supervision of the personal and financial affairs of someone less than eighteen years of age ("minor's estate").
The minors, disabled, guardian, or the deceased involved in these cases must be a resident of McHenry County. All Probate and Will filings are accepted in Room 356. There are 3 public viewing terminals located in Room 356. These public viewing terminals allow access to the Circuit Clerk court database and document imaging database. For more general information on Probate Court, click below for a booklet provided by the Judiciary of the Nineteenth Judicial Circuit
PROBATE INFORMATION
The following information explains the requirements and procedures for filing guardianship and 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.
Forms – Probate (Deceased) with Will:
Forms – Probate (Deceased) without Will:
Forms – Probate (Deceased) – Closing Estate:
Forms – Deceased – Not Probating Estate: