Kane County Probate

When someone dies in Illinois, oftentimes his/her estate will need to pass through the Probate court process. In order to begin Probate proceedings, the will (if one exists) and a petition to administer the estate needs to be filed in the local county court. If your loved one passed away while residing in Kane County, Illinois, his/her Probate estate will need to pass through the Kane County Probate court located in downtown Geneva, Illinois.

Kane County Probate Court

In the Kane County Probate court, there is currently one judge, Judge Grady, who handles all probate administration matters. The court call for probate is heard on weekday mornings in Courtroom 110 of the Kane County Courthouse located at 100 S. 3rd Street, in downtown Geneva, Illinois.

Also, the Kane County Probate Court system utilizes a Probate Administrator to coordinate all probate matters in its court system. The Probate Administrator acts as a liaison between the attorneys and the judges, and helps to organize the scheduling and handling of all probate cases for the County.

When is Probate Required in Kane County, Illinois?

In Kane County, as in any county in Illinois, probate will generally be required when an individual dies holding real estate in his/her name alone, or when an individual dies holding over $100,000.00 in personal assets in his/her name alone, with no beneficiary designated to receive the property at death. In these two instances, probate will likely be needed to properly handle the estate.

Aside from these two situations, probate could be necessary in the following scenarios as well:

When there are significant claims against an estate
When a decedent owned real property assets with other owners as a tenant in common
When there are contested issues related to an estate
When the decedent, while being domiciled in Kane County at the time of death, held an interest in real estate in another state or country

And if you would like to find out more about when probate is needed, check out our in-depth page on when probate is required in Illinois.

How do I know for sure if Kane County is the right county for my loved one's Probate estate?

In Illinois, a Probate case is handled by the local county Probate court where your loved one was domiciled at the time of death. Thus, if your loved one's primary residence was in Kane County and he/she received his/her mail at this residence, then the Court will presume that Kane County is the county of domicile. This is true even if your loved one owned real estate or other property in another county, state, or country.

Aurora, Illinois is located in four counties. How does Probate work if my loved one resided in Aurora at the time of death?

The main part of Aurora, Illinois is actually situated in Kane County, with smaller parts located in DuPage, Kendall, and Will Counties. Generally, the Kane County Probate court will handle any Probate estate in which the deceased died in Aurora, Illinois. However, with the advancements in mapping technology (such as with Google Maps), it is fairly easy to determine the exact county of an address.

How long does Probate take in Kane County?

As with most Probate cases in Illinois, a typical Probate case will be completed in Kane County in six to twelve months. However, if there are circumstances that complicate the estate, it could potentially take much longer. If you would like to learn more about what causes delays in Illinois Probate estates, check out our page on how long a Probate takes in Illinois.

How does hiring an experienced Kane County Probate Attorney make a difference when handling a Probate case in Kane County?

When looking for the right attorney to represent you in a Kane County Probate proceeding, it is important to find a lawyer that you can trust. Since you will likely interact with this particular attorney for several months to a few years, you should consider how well your personality fits with the attorney you choose. Some lawyers are very aggressive and pushy, while other lawyers are calm and laid back.

In addition, because Illinois Probate Law can become very complicated, it can be very helpful to find an attorney who concentrates his or her practice in the local Probate courts. As with any profession, those professionals who focus on one or two specific areas are typically better able to handle both routine and complex matters more efficiently and more competently than those professionals who have a more general practice.

With all of this in mind, hiring an experienced Kane County Probate Attorney for probate matters in the Kane County court system can provide several benefits, including:

A more efficient probate process
A more cost-effective administration
Familiarity with the Kane County Probate judge and court staff (which can be particularly helpful with complicated and contested probate cases)
Peace of mind knowing that the overall process is handled properly, pursuant to Illinois Probate Law and the Kane County local court rules

And since Attorney Kevin Williams has handled dozens of probate cases in Kane County over the past several years, he has become very experienced with the Kane County court system. Contact our firm to hire a knowledgeable Kane County Probate Lawyer today!

Contact our Firm

Our firm has helped many individuals with routine and complicated Probate estates in Kane County. If you have questions regarding a Probate estate, complete the form below to set up a free initial consultation:

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