Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Detailed Answer
Under Illinois law, a probate estate officially begins when a petitioner files a petition in the circuit court of the county where the decedent resided at death. To confirm whether such a petition has been filed and an estate opened, follow these steps:
1. Identify the Proper County Circuit Court
Locate the county where the decedent lived at the time of death. Illinois probate matters are handled in the Circuit Court of that county. If the decedent did not reside in Illinois, check where real property is located.
2. Search Online Court Docket Systems
Many Illinois counties maintain online case management portals. Use the decedent’s full name and date of death (if known) to search for probate or estate case filings. For example, Cook County offers an online docket search at Cook County Clerk of the Circuit Court. Other counties have similar systems on their court clerk’s websites.
3. Review Published Estate Notices
Under 755 ILCS 5/8-1, the court often requires publication of a notice to creditors. These notices run in local newspapers. You can search newspaper archives—online or at the public library—for probate notices in the weeks following the decedent’s death.
4. Contact the Circuit Court Clerk’s Office
If online searches yield no results, call or visit the clerk’s office in person. Provide the decedent’s name, date of death, and any other identifying details. Clerks can confirm whether a probate case number exists and may provide copies of the petition or docket entries for a modest fee.
5. Check the Illinois Courts Electronic Filing (eFile) System
Illinois Supreme Court Rule 10(e) authorizes electronic filing in probate matters. If the county participates in eFile, registered users can search statewide records at Illinois eFile. Although public users have limited access, you may find docket summaries or case status.
Helpful Hints
- Gather the decedent’s full legal name, date of death, and last known address before searching.
- Check multiple county sites if the decedent owned property in different locations.
- Be prepared to pay nominal fees for certified document copies or detailed docket reports.
- If you hit a roadblock, consider hiring a probate researcher or attorney to conduct the search.
- Keep records of your inquiries and any case numbers you receive for future reference.