The Probate Division is responsible for maintaining wills and records of probate and guardianship.
Procedures for filing Wills and/or Probate:
- Wills must be filed within thirty days after the date of death.
- Wills cannot be filed prior to death.
- The original Will must be filed.
- The deceased must have been a resident of Lake County
- The clerk will maintain the original Will.
- Forms to probate a Will or to probate without a Will are provided on this website or the probate clerks.
- The petition to have a Will probated and the original Will can be filed at the same time.
- The petition is provided by the clerk and must be filed prior to receiving a court date.
- The clerk will maintain the original petition.
- Court dates are scheduled on Mondays, Thursdays and Fridays at 9:00 AM
Forms required for filing a Testate Estate:
Petition for Probate of Will and for Letters Testamentary
Chart of Heirship & Affidavit of Heirship
Order Declaring Heirship
Appearance on Proof of Will
Waiver of Notice
Oath and Bond of Representative-No Surety
Order Admitting Will to Probate and Appointing Representative
Acceptance of Office
Declination of Office
Claim Notice
Oath of Office
Forms required for filing an Intestate Estate:
Petition for Letters of Administration
Chart of Heirship
Order Declaring Heirship
Oath and Bond of Representative-Surety
Appearance for Letters of Administration
Declination of office
Acceptance of Office
Order Appointing Representative of Decedent's Estate-Intestate
Claim Notice
Guardianship of Minors Information Packet - This information is designed to inform perspective guardians of the requirements for obtaining and terminating guardianship.
Procedures for establishing guardianship of a disabled person:
- The disabled person in need of a guardian must be at least 18 years old.
- Forms (petition) for guardianship are provided by the probate clerks.
- One person may be appointed guardian of the estate and another person appointed guardian of the person
- A medical report is needed; these forms are provided by the clerk.
- The petition for guardianship must be filed prior to receiving a court date.
- Court dates are scheduled on Mondays, Thursdays and Fridays at 9:00 AM.
Forms required for filing for Guardianship of a Minor:
Petition for Appointment of Guardian for a Minor
Acceptance and Oath of Office
Order Appointing Guardian for a Minor
Affidavit and Order for Service by Publication
Affidavit of Petitioning Guardian of the Person for a Minor Child
Appearance and Consent Petition for Appointment/Discharge of Guardianship for Minor
Order Allowing Petitioner to Obtain Birth/Death Certificate
Nomination of Guardian for Minor
Notice to Guardians of Disabled Adults - This publication explains the duties and responsibilities of someone acting as the guardian of a disabled adult.
Forms required for filing for Guardianship of a Disabled Person:
Petition for Appointment of Guardian for Disabled Person
Report
Order Waiving Presence
Order Appointing Guardian Ad Litem for Alleged Disabled Person
Summons for Appointment of Guardian for Disabled Person and Notice of Rights
Statement of Guardian Ad Litem to Respondent
Order Allowing Compensation for Guardian Ad Litem
Order Appointing Plenary Guardian for a Disabled Person
Statement of Right to Discharge Guardian or Modify Guardianship Order
Oath of Office
FAQ’s
Should the Small Estate Affidavit be filed with the Circuit Clerk’s Office?
No, the Small Estate Affidavit should be brought to the financial institution that is holding the funds.
I need to publish in the newspaper. What newspaper(s) may I use?
You may use the News Sun or the Pioneer Press.
On what days and times are probate hearings held?
Mondays, Thursdays and Fridays
9:00 a.m.
10:30 a.m. (pro se)
10:30 a.m. (contested)
What is the fee for Letters of Office?
Letters of Office are $2.00 each
Can I file an original Will by mail?
Yes, the original Will can be filed by mail. Please make copies of the Will for yourself before mailing the original.
What information is needed to file a Will?
We will need the original Will and the date of death.
Is there a fee to file a Will?
No, there is not a fee to file a Will.
Is there a fee to file a claim?
Amount of claims less than $150.00 = No fee
Amount of claim $150.00 to $499.99 = $20.00
Amount of claim $500.00 to $9,999.99 = $40.00
Amount of claim $10,000 or more = $60.00
Can a new Estate be opened through the mail?
Yes.
What forms are needed to open an Estate?
The original petition and the fee.
Once the Estate is open do I call to set the court date?
Yes, you may call to set the court date or you can indicate the date in the cover letter when you file the Estate.
Is there a fee to file an accounting?
Yes, the fee is $25.00
