Probate

A Probate "P" case number shall be assigned to estates of decedents and guardianship matters.

This list of subcategories is not intended to be comprehensive: rather, it is intended to illustrate the kinds of actions that are to be filed under the Probate "P" category.

Deceased Estate
Deceased Letter of Office
Foreign Judgment
Guardian Estate
Guardian Letter of Office
Construction of Will
Will Contest

Question: How to file a Probate “P” case?

Answer: It is highly recommended a petitioner consult a licensed practicing attorney to prepare the proper forms necessary to file this type of case. The Law Library located on the third floor of the Winnebago County Courthouse is also available for research purposes.

Upon completion of the forms necessary for your case, you will need to file your forms at the Winnebago County Circuit Clerk’s Office room 108 at the civil counter. Fee due upon filing.

If necessary, the clerk will issue one summons per party, and the filer will be responsible to have it served appropriately. If you choose to use the Winnebago County Sheriff’s Office for service, the clerk will collect the appropriate fees at this time.

It is the petitioner’s duty to follow the events of the case and appear for the court dates. Failure to do so may result in the case being dismissed.

Question: What do I do if I have been served with a summons?

Answer: Read the summons carefully and follow the instructions on the summons. If you wish to file an Answer and Appearance, download and complete the forms to the left. Fee due upon filing.

You must mail copies of the Answer and Appearance to the opposing party/attorney of record.

Pursuant to Illinois Statute (705 ILCS 110 / 1) the Circuit Clerk’s Office is unable to assist in the preparation of documents or give any legal advice.

 
 

 

Mailing Address: 400 West State St., Rockford, IL 61101
Phone: 1-815-319-4500 (8:00AM - 5:00PM CDT) 

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