Lake County Probate Records

Lake County probate records are legal documents that track the administration and distribution of a deceased person's estate within the county's probate court. "Probate" in this context refers to transferring ownership of a deceased person's assets to their rightful beneficiaries, heirs, creditors, or other entitled entities under the court's supervision.

In Lake County, Illinois, probate records typically include wills, letters of administration, petitions, dockets, bonds, judicial decrees, estate inventories, and other documents normally created during probate proceedings. Like other Lake County court records, these records can be preserved on paper, microfilm, or digital archives and are relevant for numerous reasons, including inheritance dispute resolution, genealogical research, historical documentation, and property title verification.

Probate is usually necessary if the decedent had assets or real estate in Lake County that exceeded a legally defined threshold and lacked a legitimate trust. According to Illinois state law, probate proceedings apply to estates that are worth over $100,000; however, this number is subject to periodic revisions.

Are Probate Records Public?

Yes. According to Illinois's Freedom of Information Act (FOIA) and Illinois state law, Lake County probate records are generally considered public. The Illinois Probate Act ensures that all Lake County Probate proceedings, including estate inventories, wills, and court rulings, are available for public access and review.

However, per statutory limitations, certain probate records are exempted from public disclosure, including:

• Confidential records include medical records, financial account numbers, and Social Security details.
• The court seals Certain sensitive records, including records such as minors' estates or protected individuals.
• While most probate filings are open to the public, only interested parties—such as heirs, beneficiaries, and attorneys—may sometimes access restricted documents.

What is Probate Court in Lake County?

In Lake County, the Circuit Court typically holds jurisdiction over probate matters within its authority. All cases related to the administration of estates for deceased individuals fall under the management of the Court's Probate Division. This also includes guardianships for minors and conservatorships for adults who are not capable of managing their affairs due to disability. Probate proceedings are governed and administered by the local rules established by the 19th Judicial Circuit Court as well as the Illinois Probate Act. Below is the physical address for probate-related matters:

Lake County Courthouse and Administration Building
18 N. County Street
Waukegan, IL 60085
Phone: (847) 377-3380

Probate Court Case Lookup

Individuals interested in Lake County Probate records can access these records by utilizing the avenues provided by the office of the Lake County Circuit Clerk. The Lake County Circuit Clerk's Office is the designated custodian of records for all probate matters, including conservatorships, estate administrations, and guardianships. The clerk's office makes probate records available to interested individuals through the following avenues:

Remote Case Lookup

Interested parties can use the online Portal provided by the Lake County Circuit Clerk to search for all public records related to probate cases. Users must create an account per the Illinois Remote Access Policy to use the Online Portal. Upon proper registration, users can search for probate records by inputting details related to the record, including case numbers or party names.

In-Person Records Access

Individuals interested in accessing records but prefer in-person access can visit the Probate division at the above address.

How to Find Probate Records Online Free

To access records for free in Lake County, interested parties can use the online Portal provided on the County Circuit Clerk's website to find certain public records, including probate case summaries. As stated earlier, interested parties must register an account to use this.

Alternatively, certain third-party websites offer free access to a collection of Illinois Probate Records. While probate records can be available on certain third-party websites, the accuracy and authenticity of these records should be confirmed, as these sites often have no affiliation with government agencies. Additionally, researchers should note that while certain essential records may be available for perusal, obtaining comprehensive and detailed records often requires a fee.

How Long Does Probate Take in Illinois?

In Illinois, the probate process typically takes at least 6 months to meet the mandatory claims notice period for creditors. Ultimately, the overall probate period may extend to 12 months or more depending on numerous factors such as creditor claims, estate complexity, and possible disputes among heirs.

For smaller estates, which are typically valued at $100,000 or less and do not include real estate, state law allows the use of a Small Estate Affidavit to bypass the formal probate process. This affidavit allows the transfer of personal property without court supervision.

Are Wills Public Record?

In Lake County, Wills typically become public records following the testator's death and subsequent filing with the probate court. According to state law, the person with the original will have 30 days from the date of the testator's death to file it with the circuit court clerk in the county where the decedent lived.

Upon proper filing, the will and all associated probate documents become accessible to the public. This allows interested parties to examine how the decedent's assets were distributed and other relevant information. However, the court may sometimes seal specific papers or sensitive material, restricting public access.

How to Find Out If Someone Has a Will

As stated earlier, once wills are filed with the probate court in Lake County or wherever the decedent resided, they become public records. Individuals interested in obtaining a will in Lake County can contact the Probate Division of the Lake County Circuit Court. Alternatively, interested parties can also contact the decedent's attorney regarding the will's existence and location.

Additionally, some individuals store their wills in safe places within their homes, such as filing cabinets, safes, or other documents.

Lake County Family Court Case Search

Interested parties can access family court records by utilizing the search portal provided by the Lake County Circuit Clerk's Office.

The clerk's office keeps on file all civil, criminal, and traffic cases in the 19th Judicial Circuit Court, including family law cases.

It is worth noting that certain records, especially records involving minors, adoption, or sensitive family matters, may be sealed by the court to protect the privacy of the individuals involved.

Researchers can visit the 19th Judicial Circuit Court's official website to learn more about how to obtain public records.