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 This is not an Official Court Website.

 

The website address for the Sixteenth Circuit Court of Illinois is: http://www.co.kane.il.us/judicial/index.htm This official website give you all the basic information about judges, courtrooms and the like.  Forms can be downloaded from  http://www.cic.co.kane.il.us/eForms.asp which is at the Circuit Court Clerk's web site.

 

Kane County, Illinois

16th Judicial Circuit

Kane County Judicial Center

St. Charles, IL 60175

(630) 232-3400

 

Chief Judge Phillip L. Dimarzio

Chief Circuit Court Clerk Deborah Seyller

540 S. Randall Rd.

St. Charles, IL 60174

(630) 232-3413

 

 

Probate Judges:

 

Judge Michael J. Colwell, Phone: 630-232-3441

Court Room  110 in the Old Kane County Courthouse located at 100 S. Third Street, Geneva, IL

 

Courtroom Clerks are rotated so there is no regular Probate Courtroom Clerk.

The Secretary for the Probate Judges is Phyllis, who's phone number is (630) 232-3441

The Probate Administrator is Diane Lilly, who's Phone Number is (630) 232-3461.

The Probate Administrator of Kane County Illinois handles the opening and closing of estates by mail in Kane County.

 

If one obtains the Probate forms from the Kane County, Illinois Circuit Court Clerk's office or online at: http://www.cic.co.kane.il.us/eForms.asp, fills them out properly and mails them to the Probate Administrator of Kane County, Illinois at the   100 S. Third Street Address, along with a check for the filing fee of $153.00, the Probate Administrator will see that the matter is heard by the judge to which the computer has assigned it when it is filed and letters of office will then be sent out.  All matters regarding a decedent's estate from initial filing or opening of the estate, to inventory, current and final accounts and closing of the estate can be handled by mail.

 

Minor and adult guardianship estates can be filed by mail, with a check for the $103.00 filing fee, but, because a summons must issue to the defendant minor or adult, a court appearance is required.

 

Additional certified copies of letters of office are $1.00 each.  Certified copies of orders are $4.00.

 

There is no Public Administrator or Public Guardian appointed currently in Kane County.

 

The Kane County Web Site address is http:\\www.co.kane.il.us\circuitclerk.

 

The Court Administrator is Doug Naughton.

 

Decedent’s Estate

 

Small Estate Affidavit

If the total value of the Decedent’s estate, excluding real estate, is less that $100,000.00 the assets can be transferred to those entitled to them either under a will or by intestate succession by the execution and delivery to those holding the assets of the decedent (i.e a bank, stock transfer company, safe deposit box company or the Illinois Secretary of State for auto titles) of a Small Estate Affidavit.  Frequently, banks and stock transfer companies will ask for letters of office; however, a small estate affidavit will usually serve the same function. 

 

Indemnity Bond

Another alternative to letters of office or the small estate affidavit is the transfer indemnity bond.  However these bonds may cost more than having an estate probated. 

 

The complete small estate statutes should be read before using this affidavit for transfers.  It can be found at Illinois Compiled Statutes Section 5/25-1 through 5/25-4. The online address for the Small Estate Act is:  http://www.legis.state.il.us/.  Click on the Illinois Compiled Statutes button, scroll down to Chapter 755 and look for “Small Estates” then click on that listing.  In addition, the Secretary of State driver’s license offices provides these forms for transfer of auto titles. The DuPage Circuit Court Clerk provides these forms also. 

 

Summary Administration

A summary probate estate administration of an estate of $100,000 or less may also be used to transfer assets and keep the costs to a minimum; however, this procedure really requires complete agreement by the heirs and anyone else entitled to the assets of the estate.   While the persons entitled to the assets may obtain them faster under this procedure, the expense will probably be nearly the same or slightly less than a regular probate proceeding but places those receiving a distribution at some risk for debts of the decedent.

 

For a Decedent Estate don't forget to tell them whether you want the forms for a Testate or Intestate Estate and whether this will be a Supervised Administration or an Independent Administration.

 

A Testate Estate is one where the decedent left a will.  An Intestate estate is one where there is no will. 

 

Independent administration is where the personal representative (Administrator of Executor) does not have to get certain actions approved in advance by the probate court judge. 

 

In a Supervised Administration, the personal representative must have their actions approved by Petition and Order signed by the probate court judge before the action is taken.  In Supervised Administration an inventory must be filed within 60 days of the appointment of the personal representative. 

 

In Independent Administration the inventory is not due until the estate is being closed and then it is due not less than 30 days prior to filing of the representative’s final report and accounting.  Also, an Independent Administration will be converted to a Supervised Administration by the Petition of any interested person.  If such a petition is filed there is no way to stop the conversion to Supervised Administration.

 

Forms Needed

Testate Estate:

 

Petition to admit will to probate and for letters of administration

Affidavit of heirship (either “spouse and descendants” or “collateral heirs”)

Affidavit of attesting witnesses (if the will does not have such an affidavit attached to it)

Oath of Office

Surety Bond or Non-surety Bond

Order declaring heirship

Order admitting will and appointing representative (i.e. Executor)

Notice to heirs and legatees

Appearance and Consent to proof of will by Affidavit (where notice is waived by heirs and/or legatees) or Appearance on proof of will

Publication Notice

 

Intestate Estate:

 

Petition for Letters of Administration

Affidavit of heirship (either “spouse and descendants” or “collateral heirs”)

Appearance for Letters of Administration (where notice is waived by heirs)

Oath of Office

Surety Bond

Order declaring heirship

Order appointing representative (i.e. Administrator)

Publication Notice

Notice of hearing (to heirs)

Independent Administration – Publication Notice

 

Disabled Persons Estate:

 

Petition for appointment of Guardian for Disabled Person

Report of Physician

Statement of Right to Discharge Guardian

Order Appointing Guardian ad Litem for Allegedly Disabled Person

Summons for Appointment of Guardian for Disabled Person

Summons (copy)

Oath of Office for Guardian of Minor of Disabled Person

Order of Appointment - Plenary Guardian or Disabled Person

Bond of Legal Representative – No Surety or

Bond of Legal Representative – Surety

 

Minor’s Guardianship Estate:

 

Petition for appointment of Guardian

Nomination for Guardian of Minor (where Minor over 12 years agrees to Guardian)

Order Appointing Guardian ad Litem

Summons

Summons (copy)

Oath of Office for Guardian of Minor or Disabled Person

Bond of Legal Representative – No Surety or

Bond of Legal Representative – Surety

 

Kane County Web addresses:

 

A library of downloadable court forms can be found at:  http://www.cic.co.kane.il.us/Library.htm

 

The probate forms for Kane County will be found at:

http://www.cic.co.kane.il.us/probate_forms.htm

 

Disabled and Minor Guardianships

 

FAQ Frequently Asked Questions

 

 

 

 

 

 

 

 

 

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Counties Included:
Kane County |
 
Cities Included:
Aurora | Batavia | Burlington | Carpentersville | Elburn | Elgin | Geneva | Gilberts | Hampshire | Lily Lake | North Aurora | Pingree Grove | Sleepy Hollow | St. Charles | South Elgin | Sugar Grove | Virgil | West Dundee |


This material provided by: The Law Offices of PAUL P. DIDZEREKIS, Attorney at Law, 610 W. Roosevelt Rd., Wheaton, IL 60187 (630) 653-7710, Fax (630)653-7731,
E-Mail: PPD@paul-didzerekis.com.

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