About Probate Division Cases

The Probate Division hears matters concerning wills and administration of estates. This includes a wide variety of cases related to probate and contest of wills and testamentary instruments, claims against an estate arising in contract, tort or otherwise, administration of estates of decedents, disabled persons, minors and wards, contracts to make a will, construction of wills, actions arising under the Illinois Power of Attorney Act, and orders of protection filed in conjunction with a probate proceeding. 

Matters arising under the Illinois Power of Attorney Act, the Elder Abuse and Neglect Act, and matters involving structured settlements are also heard in the Probate Division.

Filing a Case

The Clerk of the Circuit Court is responsible for accepting filings, which must be filed electronically. To learn more about electronic filing and to access a step-by-step guide, click here. For assistance with e-filing, you may contact the Clerk’s Office either by emailing eFilehelp@cookcountycourt.com or calling 312-603-5030.

Please note that certain groups and filings have been exempted from the electronic filing requirement. For more information and to learn whether you are exempted, click here.

Fee Waivers

Instructions on how to request a fee waiver for Probate Division cases are available in this guide to Rule 298 Fee Waivers. Additional information and resources can be found on the For People Without Lawyers page.

For more information about the procedure for or costs associated with filing, please visit the Clerk of the Circuit Court’s website.

Organization of the Probate Division

The Probate Division is organized as follows:

    Decedent Estates

    Decedent Estates

    The five decedent estate courtrooms are:

    Adult Guardianship Estates

    Adult Guardianship Estates

    The five adult guardianship courtrooms are:

    Minor Guardianship Estates

    Minor Guardianship Estates

    The two minor guardianship courtrooms are:

    Mediation/Settlement

    Mediation/Settlement

    Presiding Judge Daniel B. Malone handles the Probate Division’s Mediation Calendar 14, in Courtroom 1803A.  

    General Inquiries

    General Inquiries

    Courtroom Clerks do not have phone access. 
    For inquiries regarding courtesy copies, scheduling, zoom information, and proposed orders, please first review Judge Malone’s Standing Order.

    For administrative or procedural inquiries, contact Joseph Fleming at (312) 603-7546 or joseph.fleming@cookcountyil.gov or the Probate Division Staff Attorney at (312) 603-7545 or probate.divatty@cookcountyil.gov.

    Minor Guardianship Help Desk

    The Circuit Court maintains a Guardianship Assistance Help Desk for Minors. Help Desks assist self represented petitions seeking to file an action to obtain guardianship. Specifically, the Help Desk can:

    • Assist with Applications for Guardianship of a Minor
    • Provide Free Assistance in Preparing Court Documents
    • Make Referrals for More Complex Cases

      Minor Help Desk Hours and Location

      69 West Washington Street, Room 1020
      Chicago, IL 60602
      (across the street from the Richard J. Daley Center)

      Phone: (312) 603-0135
      Fax: (312) 603-9766

      By appointment only
      Hours: 8:30 a.m. - 4:30 p.m., Monday - Friday, except court holidays

      Volunteer attorneys at the Guardianship Help Desks provide information and assistance to people without lawyers who are representing themselves in court (also known as pro se litigants) on petitions to obtain guardianship. Staff do not provide legal advice and do not represent petitioners in court. Persons who require legal advice or legal representation are referred to legal aid organizations and lawyer referral services.

      Additional information about Guardianship for Minors if available in a brochure: Guardianship for Minors: What Prospective Guardians Need to Know.

      Additional Information

      For additional information, including links to important forms and how to connect with Probate Division courtrooms, click on the tabs below. 

        Inquiries

        Inquiries

        Courtroom Clerks do not have phone access. 

        For inquiries regarding courtesy copies, scheduling, zoom information, and proposed orders, please first review the assigned judge’s Standing Order. You may contact Joseph Fleming at 312-603-7546 or joseph.fleming@cookcountyil.gov or the Probate Division Staff Attorney at 312-603-7545 or probate.divatty@cookcountyil.gov with administrative or procedural inquiries.

        Court Forms

        Court Forms

        To access forms routinely used in the administration of guardianship estates, click on the links below, or go to Clerk of the Circuit Court of Cook County website to download all probate forms.