Illinois Probate Records

Portal:United States Probate &gt;Illinois

Record Overview
Probate encompasses all matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate). Various types of records are created throughout the probate process. These may include, wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. They may also include information about adoption or guardianship of minor children and dependents. Probate records may not give an exact death date, but the death most often occurred within a few months of the date of probate. Wills usually mention the names of heirs and frequently specify how those heirs are related. Names of children are given, as well as married names of daughters.

While probate records are one of the most accurate sources of genealogical evidence, they have limitations.

Jurisdictions
Clerk of County's Commissioners' Court (1819 - 1821) County Probate Court (1821 - 1848) County Probate Court (for counties with 50,000+ population) (1870 - 1964) County Court (1848 - 1964) Circuit Court (1964 - present)

State Statutes
Understanding the Illinois probate laws and how they changed over time can help us learn how the estate was administered, taxed, and distributed and might help to solve difficult genealogical problems. For additional information about Illinois state statutes relating to probate matters, see:


 * Jones, William C. A Practical Treatise upon the Jurisdiction of...Probate Courts of Illinois....Chicago: T.H. Flood &amp; Co., 1892.View a free digital version onInternet Archive. 
 * North, Levi. A Treatise on the Practice in Probate Courts...in the State of Illinois....Chicago: Callaghan &amp; Co., 1875. View a free digital version on Internet Archive.
 * Simons, Franklin Pierce. A Treatise on the Probate Practice and Law of Estates in the State of Illinois....Chicago: Callaghan &amp; Co., 1907. View a free digital version on Internet Archive.

Obtaining the Records
Indexes

The Illinois Regional Archives Depositories includes some online Illinois probate indexes.

National Repositories

The Family History Library has microfilmed many Illinois probate records, generally from the date of the county’s creation until the early 1900s. Probate records can be found in the Family History Library Catalog by using a Place Search.

Web Sites


 * DeathIndexes.com provides links to several Illinois probate records.
 * USGenWeb, Illinois A cooperative volunteer effort with links to resources in the state and counties.

Learn More

 * Anne Roach, Courthouse Records Overview (35 minute online video) FamilySearch Research Classes Online, 2010.
 * Eichholz, Alice, Editor. Redbook: American State, County, and Town Sources. Third Edition. Provo, Utah: Ancestry, 2004. (See page 185.)
 * North, Levi. A Treatise on the Practice in Probate Courts in the Probate of Wills and Settlement of Estates...Illinois.... Chicago: Callaghan &amp; Company, 1875. Available free online.
 * Rose, Christine.Courthouse Research for Family Historians: Your Guide to Genealogical Treasures. San Jose, California: CR Publications, 2004.