Probate Division of the Lake County Circuit Court
Illinois does not run a separate Surrogate's Court or Orphans' Court. Probate sits inside the Circuit Court. The 19th Circuit Probate Court page says Illinois Probate Court has power over administration of estates of deceased persons and living persons whom the law recognizes as unable to handle their own affairs, including minors and adults with disabilities. The Probate Court sits in the Main Courthouse at 18 N County Street, Waukegan, IL, and the Probate Division in the Circuit Clerk's Office can be reached at 847-377-3260.
The Circuit Clerk's Probate Records page states the Probate Division maintains wills and records of probate and guardianship, including deceased estates and guardianship of disabled and minor persons and their estates. Lake County Probate Court is busy, with nearly 3,000 cases pending at any one time according to the Probate Guide Handbook referenced on the Probate Court page.
Court dates on probate cases are scheduled Mondays, Tuesdays, and Thursdays at 9:00 a.m. according to the Circuit Clerk Wills and Probate page.
Decedent Estates
A probate estate is generally opened for a deceased Lake County resident when court administration of property is required. The court oversees collection of assets, payment of debts, payment of taxes, and distribution to heirs or beneficiaries. The Probate Act at 755 ILCS 5 sets the statutory framework. Forms used when opening a probate estate should be taken from Circuit Clerk or Illinois court resources rather than third-party form sites.
Probate is specialized. Even simple-looking estates can pull in heir issues, creditor claims, and tax matters. Lake County materials repeatedly recommend consulting an attorney when possible. The Lake County Bar Association Lawyer Referral Service at 847-244-3140 and Prairie State Legal Services at 847-662-6925 are starting points for residents who need help.
Minor Guardianship
Lake County operates a Probate Help Desk specifically for minor guardianship matters. The official procedure says help desk assistance is free and staffed by volunteers. The Help Desk sits on the second floor of the Main Courthouse, down the hall from Probate Courtroom C-201, and is open Fridays from 9:00 a.m. to 11:00 a.m. Petitioners must meet with the Help Desk before each court appearance. Unless the judge says otherwise, the minor does not need to come to court.
- Stop at the Probate Help Desk on a Friday morning before filing. Volunteers walk through the forms and procedure.
- Consent to criminal-record and DCFS background checks; these are required before the court can approve guardianship.
- Complete and file a Petition for Appointment of Guardian for a Minor before the first court appearance.
- The Clerk sets the first court appearance on the next available Friday morning.
- Bring valid ID and any supporting documents - birth certificate, school records, parental consent forms - to the hearing.
The older procedure listed a filing fee of $144, but the Illinois Supreme Court announced filing and appearance fee elimination for minor guardianship cases effective October 1, 2025. Verify Lake County's current fee schedule before relying on a specific amount.
Adult Guardianship
Guardianship of a disabled adult covers a person whom the court determines cannot make personal or financial decisions without assistance. The Probate Division handles these matters under 755 ILCS 5. The court can name a guardian of the person, a guardian of the estate, or both. Filings include medical reports, notice to the alleged disabled adult and family members, and a court hearing. A Guardian ad Litem may be appointed to advise the court on the alleged disabled adult's wishes and condition.
Estate fees vary by estate value. Lake County publishes a probate fee schedule that distinguishes small estates from larger ones, with separate categories for disabled-person estates, minor estates, and standard guardianship.
Lake County Probate Fee Schedule
The Clerk's Filing Fees page collects probate fees in a single table. The amounts below come from the Lake County schedule and reflect items most often encountered. Verify current numbers at the counter or by phone before paying.
| Probate Item | Fee |
|---|---|
| Administrator of disabled person's estate under $15,000 | $164 |
| Administrator of disabled person's estate over $15,000 | $199 |
| Administrator of minor estate under $15,000 | $164 |
| Administrator of minor estate over $15,000 | $199 |
| Guardianship of minor (older schedule) | $144 (subject to 10/1/2025 elimination) |
| Guardianship of disabled person | $144 |
| Guardianship person and estate over $15,000 | $199 |
| Accounting | $25 |
| Appearance fee | $154 (exempt for executor / administrator / guardian / GAL) |
| Certified Letters of Office (up to 3 pages) | $2 |
| Certified Letters over 3 pages | $1 per page |
| Claim $150-$499.99 | $20 |
| Claim $500-$9,999.99 | $40 |
| Claim $10,000+ | $60 |
| Jury demand | $137 |
| Petition to reopen estate (31+ days after order) | $75 |
For fee questions or to confirm whether an exemption applies to a specific appearance, call the Probate Division at 847-377-3260.
Probate Terms in Plain English
Probate has its own vocabulary. The terms below appear most often in Lake County probate dockets and forms.
- Testator
- A person who has made a will to direct what happens to property after death.
- Executor
- The person named in a will to carry out the testator's instructions and close the estate.
- Administrator
- A person appointed by the court when no will exists or no executor can serve.
- Intestate
- Dying without a valid will; Illinois statute then decides how the estate is divided.
- Guardian
- A person appointed by the court to make decisions for a minor or disabled adult.
- Conservator
- A person appointed by the court to handle the financial affairs of someone who cannot manage them.
- Letters of Office
- The court-issued document that proves the executor, administrator, or guardian has authority to act.
Probate and Guardianship Forms
The Lake County Probate Help Desk procedure lists the core forms used to open and continue a guardianship. Decedent-estate filings use a separate but related set of forms tied to the Probate Act and Illinois Supreme Court standards. The table below covers the items most often required.
| Item | Type | Notes |
|---|---|---|
| Petition for Appointment of Guardian for Minor | court form | Filed before the first court appearance. |
| Background check consent | authorization | Criminal-record and DCFS checks. |
| Order authorizing access to records | court order | May be requested if records are needed. |
| Publication forms | court / publication | If a living parent cannot be located after a diligent search. |
| Temporary guardianship motion | motion / order | For immediate needs such as school enrollment. |
| Letters of Office | court-issued document | Issued after appointment; allows guardian to act. |
Federal estate matters can intersect with probate when tax filings, bankruptcy claims, or veteran benefits enter the picture; the federal PACER system above is separate from the Lake County probate file.
Probate Record Access in Lake County
Probate cases are filed in the Circuit Court and appear in the Clerk's online portal once an account is set up. Public access follows the same Illinois Remote Access Policy that governs other case types. For certified copies of orders, Letters of Office, or letters of administration on non-restricted cases, use Clerk E-Certify. Sealed or impounded items are not available online.
For probate-related help, the Help Desk above is the central in-person resource. The Probate Division line at 847-377-3260 handles routine questions. Related pages on this site: court records, court dockets, Clerk of the Circuit Court, marriage and divorce records, and public records.