Cook County Probate Division: How to File and What It Costs

Cook County probate is handled by the Probate Division of the Circuit Court of Cook County, located in the Richard J. Daley Center in Chicago. If the person who died was a Cook County resident — or if they owned property in Cook County — and their estate requires formal probate, this is where you file.

But before spending time on the mechanics of how to file, it is worth confirming whether you actually need probate at all. Many Illinois estates do not.

Do You Actually Need to Go Through Probate?

Formal probate is required when:

• The estate includes real estate held solely in the decedent's name (not jointly, not with a Transfer on Death designation), or
• The gross value of personal property (excluding Illinois-registered vehicles) exceeds $150,000

If neither condition applies, the estate likely qualifies for the Illinois Small Estate Affidavit under 755 ILCS 5/25-1, which allows heirs to collect bank accounts, financial accounts, and other personal property without going to court at all. As of August 2025, vehicles are excluded from the $150,000 threshold calculation entirely.

If the estate includes real estate but full probate seems disproportionately expensive, there is a middle path: a Bond in Lieu of Probate, issued by a title insurance company. For a premium (typically 1–2% of the property's purchase price), the title company insures the transfer of real estate to buyers or heirs without a court order. On a $300,000 property, that premium runs $3,000–$6,000 — often less than the cost of formal probate.

What Formal Probate in Cook County Involves

If probate is necessary, the nominated executor (or an interested party if there is no will) must hire a licensed Illinois attorney to file a Petition for Letters of Office with the Probate Division. This is not optional — under Illinois law, a non-attorney executor who tries to file court documents or appear in probate court on behalf of the estate is engaged in the unauthorized practice of law, regardless of the fact that they are the executor. The estate is a separate legal entity, and it must be represented by a licensed attorney.

Once the petition is filed and the court issues Letters of Office, the executor gains the legal authority to collect assets, pay creditors, and distribute the estate.

The creditor claim period runs for six months from the date the executor publishes notice to unknown creditors in a local newspaper (required for three successive weeks). No assets can be distributed to beneficiaries until this period expires and all valid claims are resolved. In Cook County, expect probate to take nine to twelve months for a straightforward estate — and longer if there are creditor disputes or will contests.

Cook County Probate Filing Fees and Local Rules

Cook County is the most expensive and procedurally complex probate jurisdiction in Illinois.

Filing fees: Opening a new probate case in Cook County costs approximately $479 to $492.84 depending on the specific petition type and current court fee schedules.

Certified copies of Letters of Office: $2 each. Most financial institutions require multiple certified copies — order at least 5 to 10 at the time of filing.

e-Filing requirements: Cook County, like all Illinois circuit courts, mandates electronic filing through the eFileIL system. All documents must be submitted through an approved Electronic Filing Service Provider (EFSP). Paper filings are not accepted for new cases.

Critical local requirement — Probate Division Cover Sheet: All new e-filed probate cases in Cook County must include a specific Probate Division Cover Sheet uploaded as the lead document in the filing envelope. Failing to include this cover sheet causes the clerk to reject the entire filing. This is a Cook County-specific requirement that does not exist in other counties.

Attorney codes: When filing through eFileIL, the system requires an attorney code. For self-represented filers attempting to file on behalf of themselves personally (not the estate), a specific non-attorney code must be used. Given that self-represented executors cannot legally represent the estate anyway, this is primarily relevant for individuals filing on their own behalf in matters incidental to the estate.

Sheriff's service fee: A $5 fee is collected for the Sheriff's Office upon filing for service of process.

What Happens After Letters of Office Are Issued

Once the court issues Letters of Office, the executor's formal duties begin:

1. Inventory all estate assets within 60 days of appointment and, if a surety bond was required, provide a verified copy of the inventory to the surety within 90 days.
2. Publish notice to creditors in a local newspaper for three successive weeks.
3. Notify known creditors in writing.
4. Hold assets during the six-month claims period — pay no debts to lower-priority creditors until the full creditor picture is clear.
5. File any required tax returns — decedent's final Form 1040 and IL-1040, and if the estate generates income, a Fiduciary Income Tax Return (Form 1041 and Illinois IL-1041).
6. File the Illinois Estate Tax Return (Form 700) within nine months of death if the gross estate exceeds $4,000,000.
7. File a Verified Report with the court after all claims are paid and assets are ready for distribution. Beneficiaries have 42 days to object. If no objections are filed, the estate closes automatically.

Cook County vs. Other Counties

Cook County's filing fees and procedural requirements are the most demanding in the state. For comparison:

• DuPage County: approximately $350 to open a new probate case; self-represented filers use code "99500" in the Case Cross Reference field.
• Will County: approximately $239.
• Lake County: tiered fee schedule based on estate size.

All Illinois counties use eFileIL, but each has its own local standing orders and form requirements. Mistakes in e-filing — wrong attorney codes, missing county-specific cover sheets, attachments filed incorrectly — cause rejection loops that delay the issuance of Letters of Office, leaving assets inaccessible and bills unpaid.

Deciding whether to open probate, pursue the Small Estate Affidavit route, or explore a Bond in Lieu of Probate is one of the first and most important decisions an executor makes. The Illinois Estate Settlement Guide walks through each option with concrete cost comparisons, the exact Cook County filing requirements, and step-by-step instructions for the scenarios where you can legally avoid court entirely.

See more Illinois guides →