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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.

 Administration of Estate of a Guardianship/ Ward - Up to $15,000.00
 Administration of Estate of a Guardianship/Ward - $15,000.01 or More
• Administration of Estate of Ward (Letters of Office to Guardian)
 Construction of Will
 Decedent Estate - Up to 15,000.00
• Deceased Estate Letter of Office
 Decedent Estate - $15,000.01 or More
 Guardianship of Person With Disability (No Estate)
 Guardianship of Minor (No Estate)
• 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.

Go to Probate Forms for a complete list of all available forms. 

Upon completion of the forms necessary for your case, you will need to efile your forms. Approved service providers may be found  at  http://Efile.illinoiscourts.gov/service-providers.htm. You may file with the provider of your choice; however, the Winnebago County Circuit Clerk's Office staff has been trained to assist with Odyssey eFileIL. Please note that you will first be required to register and set up a payment option.  Fee due upon filing.

Upon review of your submitted filing, you will receive an email with your acceptance or rejection information. If you have opened a new case, you will then need to submit your summons to be issued via eFileIL. You will need one summons per party, and the filer will be responsible for having it correctly served. If you choose to use the  Winnebago County Sheriff’s Office for service, you will need to select the appropriate fee in the Optional Services section of the efiling page. 

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, you must download, complete, and efile the forms at http://Efile.illinoiscourts.gov/service-providers.htm

There may be a 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.

 
 

 

© Winnebago County 17th Judicial Circuit Clerk. All Rights Reserved.
Mailing Address: 400 West State St., Rockford, IL 61101
Phone: 1-815-319-4500 (8:00AM - 5:00PM CT)

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