Probate and Recording Deeds in DuPage County (Wheaton), Illinois
Where to file a will or open probate, and where to record a deed, in DuPage County (Wheaton) — with the state rules that apply.
Probate court
18th Judicial Circuit Court (DuPage County) - Probate & Guardianship
Address: 505 N. County Farm Rd., Wheaton, IL 60187 (address shown for a probate/guardianship judge, Room 2009)
Recording deeds
E-recording: yes - Corporation Service Company (CSC), eRecording Partners Network (EPN), Simplifile (https://www.dupagecounty.gov/elected_officials/recorder/online-recording.php)
Recording fee: Deeds (Document Class 1): $86.00 (includes recording, Document Storage System $10, GIS $31, Real Property $1 and Rental Housing Support Program $18 fees) Fee schedule
Illinois rules that apply
| Small estate affidavit | A small estate affidavit can be used to collect personal property when no letters of office are outstanding or planned anywhere and the decedent's personal estate passing by will or intestacy is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State (registered vehicles can also be transferred with it). It covers money, bank accounts, safe deposit boxes, stocks and other personal property; it cannot transfer real estate. The affidavit must list each asset and its value, the debts, and the heirs or beneficiaries, and a death certificate must be attached. The $150,000 limit applies to deaths on or after August 15, 2025 (Public Act 104-346); the earlier limit was $100,000. A further amendment effective January 1, 2027 (Public Act 104-624) narrows which vehicles are left out of the value (for example, motor homes and commercial vehicles will count). Source: 755 ILCS 5/25-1 |
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| Probate steps | Probate is filed in the circuit court of the county where the decedent lived (or, for nonresidents, where most of the real estate or personal property is). A person who learns they are named executor must file the will for probate or decline to act within 30 days. Main steps: petition for probate and letters of office; oath and bond; letters issued; publish notice to creditors once a week for 3 weeks and mail notice to known creditors; file a verified inventory within 60 days after letters are issued; pay claims and expenses; and account and distribute before the estate is closed. |
| Signing and recording a deed | A deed must be in writing and signed by the grantor, who must be of full age and sound mind. Deeds may be acknowledged before a notary public (with official seal) or other listed officer. Illinois imposes a state real estate transfer tax of 50 cents per $500 of value, based on the transfer declaration that must be filed with the transfer. Some counties and cities add their own transfer taxes, and some transfers are exempt; check with the county recorder. |
| Transfer-on-death deed | Yes. Illinois allows a transfer on death instrument for real estate. It must have the formalities of a recordable deed (consideration and beneficiary addresses not required), state that the transfer occurs at the owner's death, be signed by the owner, be attested in writing by at least two credible witnesses, be acknowledged before a notary along with the witnesses' signatures, and be recorded with the county recorder before the owner's death. A transfer on death instrument that is not witnessed by two credible witnesses is void. |
All Illinois wills, probate and estate rules · Eviction court and tenant help in DuPage County (Wheaton)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.