What information is needed to request estate files from a county probate division in Illinois?

Detailed Answer

In Illinois, probate court files—including wills, inventories, petitions, and orders—are generally public records once filed. Under the Illinois Probate Act, 755 ILCS 5/10-1, anyone may inspect probate court records at the county clerk or probate division unless sealed by court order. Before you request files, gather the following key details to streamline your inquiry:

1. Decedent’s Full Legal Name: Provide the exact spelling of the deceased person’s first, middle, and last names.
2. Date of Death (Approximate): If available, list the exact date of death. If unknown, an approximate year helps narrow the search.
3. Probate Case Number: Include this if you know it. Case numbers follow the format 20P123 or similar. If you don’t have the number, the clerk can search by name and date of death.
4. County of Filing: Identify the county where the probate proceeding took place (for example, Cook County, DuPage County, etc.).
5. Type of Proceeding: Note whether it’s a standard probate case, small estate affidavit, guardianship, or other ancillary matter.
6. Your Contact Information: Provide your name, mailing address, phone number, and email address in case the clerk has clarifying questions.
7. Request Details: Specify which documents you need (e.g., petition for probate, letters testamentary, inventory, final distribution order).
8. Method of Delivery: Indicate whether you prefer certified copies or plain photocopies and whether you will pick them up in person, receive them by mail, or via secure email (if available).
9. Payment Method: Most counties charge per page (often $0.50-$1.00) plus certification fees. Confirm accepted forms of payment (check, credit card, money order) by reviewing the clerk’s fee schedule.

Once you have this information, contact the county clerk or probate division in person, by phone, or via the clerk’s online portal. Many Illinois counties provide downloadable request forms on their websites. For general authority on public inspection of probate records, see 755 ILCS 5/10-1 (link) and the guidelines on inspection fees in 755 ILCS 5/10-25 (link).

Helpful Hints

• Visit the specific county clerk’s website for online forms and fee schedules.
• Call ahead to confirm office hours and any local procedural requirements.
• Bring valid photo identification when requesting in person.
• Ask about expedited services if you need documents quickly.
• If you cannot locate a case by name, provide additional details like decedent’s last residence.
• Retain a copy of your request form and payment receipt for your records.
• If you hit a roadblock, consider consulting an attorney for guidance on more complex or sealed records.