Illinois Court Records
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Cook County Probate Records
Cook County probate records encompass dockets, orders or decrees, and other documentation created in or submitted to the Probate Division of the Cook County Circuit Court. The Probate Division handles matters pertaining to the estates of disabled individuals, minors, wards, and individuals who resided in Cook County before their passing. The court also hears claims against estates, will disputes, and conservatorships and oversees the appointment of estate administrators.
Probate records are often sought by parties seeking clarification about inheritances or the administration of deceased people's properties. Like other Cook county court records, probate records can be used to investigate and verify real estate transactions, including titles and financial histories. Moreover, genealogists often rely on probate records for lineage research.
Are Probate Records Public?
Yes. The Illinois Court Record and Document Accessibility Act (705 ILCS 86/) declares that records created and collated during official court proceedings are open to the public. However, certain case documents and information, such as sealed records, are closed to members of the public. For instance, Rules 15 and 138 of the Illinois Supreme Court Rules prohibit the dissemination of Social Security numbers and other sensitive information that appear in court records. Also, records containing trade secrets and financial information are deemed confidential.
What is Probate Court in Cook County?
General Order 1.2,2.1(e) of the Circuit Court of Cook County authorizes the Probate Division to handle matters under 755 ILCS 5/ (the Illinois Probate Act of 1975).
The Probate Division’s Decedent Estates section is responsible for hearing intestate and testate estate administration matters. These matters include will execution and contest, petitions for letters of office, claims filed against estates, and petitions to establish heirships, among others. The section has five courtrooms at the Richard J. Daley Center. Members of the public can visit or contact the Division using the following details:
Richard J. Daley Center
50 West Washington Street
Chicago, Illinois 60602
Phone: (312) 603-5943, (312) 603-7545, (312) 603-7546
Fax: (312) 603-6721
Probate Court Case Lookup
Looking up probate cases in Cook County, Illinois, involves using research resources provided by the county's circuit court clerk. One can visit the clerk's office to view or order case documents. Computer terminals are available on-site to look up probate cases and documents. Access to these terminals is free, and users can obtain updated case proceedings, especially recent court filings and submissions.
The clerk's office also accepts mail-in records requests, which involves filling out the Record Search Request Form (CCG 0026) and sending it to:
Richard J. Daley Center
50 West Washington Street
Room 1202
Chicago, Illinois 60602
The first section of the form contains fields to provide any of the following details:
- Case Number
- Division/Department/District where the case was filed
- Name of Plaintiff(s)
- Name of Defendant(s)
- Filing Date
- Disposition Date
While it is not compulsory to enter every data, one is advised to provide as many details as possible to simplify the search process and ensure accurate results. The second section must be completed in full.
Fees for records requests include the following:
- Record search: $6 per year searched
- Copies of court documents: $2 for the first page, 50 cents per page for pages 2 to 19, and 25 cents per page for subsequent pages
- Certification: $6 per certification
Individuals whose documents will be delivered by mail are required to cover the cost of postage and pay the mailing fee communicated by the clerk's office.
Additionally, the Cook County Treasurer’s office preserves records of estate monies deposited in the county treasury pursuant to court order. Individuals can visit the office to request such details or submit a Freedom of Information Act (FOIA) request. The FOIA request can be submitted online or by mail. The mail-in process involves printing and filling out the FOIA request form, then sending it to:
Cook County Treasurer's Office
118 North Clark Street
Room 112
Chicago, IL 60602
Fax: (312) 603-6967
The form can also be filled out and submitted by email to foia@cookcountytreasurer.com.
How to Find Probate Records Online Free
Members of the public can access basic Cook County probate records for free using the circuit clerk's Online Case Information portal. One can use the Probate Docket Search function to find details about claims against estates and guardianships or the Probate Will Search function to view information about wills filed in the county.
Either search function allows users to search by name (person or company name) or case number and reveals details such as the filing date, court division, case type, claimant, estate owner's name, and case events.
The online Estate Search tool provided by the Cook County Treasurer is another free option for checking probate records. However, intending users must note that the application only displays estate names, case numbers, and the dollar amounts deposited to the treasurer’s office upon a court order. One can enter a name (full or partial) or case number to initiate a search.
How Long Does Probate Take in Illinois?
Probate in Illinois can last from less than a year to several years, depending on the type of case. Generally, factors such as estate size and value, estate complexity, number of heirs and claimants, disputes or contests, and other related issues can prolong or shorten probate cases.
Are Wills Public Record?
Yes. Wills become public records once filed with the county's probate division. While not all wills are filed with the court, they are required to be submitted upon the testator's passing. Still, courts can seal or restrict access to wills in specific situations.
How to Find Out If Someone Has a Will
Confirming whether someone has a will involves going through a circuit court clerk's office if the will was filed with a probate court. However, it can be difficult to get confirmation if the decedent’s will was not filed in that particular county. As such, one can check with the deceased person’s attorney or executor (if known) to verify a will's existence.
Cook County Family Court Case Search
Family cases in Cook County are handled by the local circuit court’s Domestic Relations Division. Thus, individuals interested in records generated from such proceedings can approach the Clerk of the Circuit Court of Cook County. One has the following options:
- Use the clerk's Record Search Request Form to order copies of case documents by mail.
- Use public access terminals located in courthouses to research case events or view documents.
- Access the clerk's Online Case Information portal to review basic case details and docket entries.
