Joliet Living Trust: Will County Circuit Clerk Probate and Recorder of Deeds

By Rozsa Gyene, California estate planning attorney, State Bar of California #208356. Published October 4, 2026. Last reviewed October 4, 2026.

Which county this page covers

This page covers Will County. The City of Joliet's About Us page says: "The City of Joliet is located in Will and Kendall counties in the U.S. state of Illinois, 30 miles (48 km) southwest of Chicago. It is the county seat of Will County." The city clerk's page confirms the two counties from the other direction, saying the City Clerk "records and files necessary documents with Will and Kendall Counties." Under 755 ILCS 5/5-1 an estate is administered "In the county where he has a known place of residence", and a deed is recorded with the recorder of the county where the land is, so a Joliet family in the Kendall County part of the city uses the Kendall County Circuit Clerk and the Kendall County Recorder. The Kendall County Circuit Clerk is at 807 W. John Street, Yorkville, Illinois 60560, phone 630-553-4183, open Monday through Friday 8:30 a.m. to 4:30 p.m., and the Kendall County Recorder is at 502 S. Main Street, Yorkville, Illinois 60560, phone 630-553-4112, open Monday through Friday 8:00 a.m. to 4:30 p.m. (documents are recorded until 4:00 p.m.); both post their fee schedules on kendallcountyil.gov. The Will County offices below serve the rest of Joliet.

Probate: the Will County Circuit Court Clerk and the Twelfth Judicial Circuit

The clerk's site explains the office: "The Circuit Clerk is a state constitutional officer elected by the citizens of Will County for a four-year term. The Circuit Clerk is a non-judicial office of the Judicial Branch of Illinois state government. The Clerk of the Circuit Court files all cases and maintains official records of all cases that come before the Will County court system." "Court cases are heard at the Will County Courthouse on Jefferson Street in Joliet and in a number of branch locations throughout Will County", and the courts are the 12th Judicial Circuit, whose own locations page lists the courthouse at 100 West Jefferson as "Full service", a limited service annex at 57 N. Ottawa, and branch courts in Bolingbrook, Braidwood, Lockport and Peotone that are "Court only. No services."

The clerk files probate as case type PR, which "includes the following: Administration of Decedent's Estate; Administration of a Missing Person's Estate; Wrongful Death/Collection of Judgment". Its probate questions and answers set out the mechanics. "Is there a fee to file a Will? No, there is no fee to file a Will." "Can I file an original Will by mail? Yes", and "We will need the original Will and the date of death." "Can a new estate be opened by mail? No, new estate cases must be filed electronically." "What forms are needed to open an estate? The original petition and the fee." The clerk posts a "Decedent Estate Packet" that "Contains All Forms to Probate a Decedent's Estate - Not Every Form is Used in Every Case". Illinois also allows independent administration, which 755 ILCS 5/28-1 describes as letting "an executor or administrator to administer the estate without court order or filings, except to the extent that court order or filing is required by this Article or is requested by any interested person".

Fee schedule effective 07/12/2026 (updated 09/03/2026)

Small estates: the affidavit the clerk posts

The Will County clerk posts the Small Estate Affidavit with a plain explanation: it "Can Be Used in Certain Cases Without Requiring Court-Supervised Probate", that you do not have to file it with the court, and that "The purpose of this form is to avoid having to file probate documents with the court. This form, along with a death certificate, is generally all that is required to access property of a decedent in a small estate. Please contact the individual agency (e.g., a bank) to see what they require." The statute, 755 ILCS 5/25-1, limits it to a decedent whose personal estate, "excluding motor vehicles registered with the Secretary of State", is "tangible and intangible personal property not exceeding $150,000", with "no letters of office ... outstanding" and no petition pending. The $150,000 figure was set by Public Act 104-0346, effective August 15, 2025, and applies to "a decedent whose date of death is on or after" that date; Public Act 104-0624 (effective January 1, 2027) adds a list of vehicles, such as motor homes and commercial vehicles, that will count toward the limit. The affidavit transfers personal property; a Joliet house in the decedent's own name is not personal property and still needs the court. See the Illinois small estate affidavit guide.

The spouse's award

Whether or not there is a will, 755 ILCS 5/15-1 allows the surviving spouse, "as the surviving spouse's own property, exempt from the enforcement of a judgment, garnishment or attachment in the possession of the representative", a sum the court finds reasonable for 9 months of support, "in no case ... less than $20,000, together with an additional sum not less than $10,000 for each" minor child who lived with the spouse, and "at least $5,000" for each dependent adult child who did; the court may pay it in up to 3 installments. The will can displace it only if it "expressly provides that the provisions thereof for the surviving spouse are in lieu of the award and the surviving spouse does not renounce the will". The section was last amended by P.A. 100-478, effective June 1, 2018. The Illinois spouse's rights guide explains the award and the right to renounce a will.

Recording a deed with the Will County Recorder of Deeds

"The Will County Recorder's Office is a repository for all documents recorded in Will County since its inception in 1836. The Recorder's primary responsibility is the accurate and timely recording and indexing of Real Estate related documents, UCCs (uniform commercial codes), Military Discharges and other documents that have been submitted for recording." Recorded documents are kept "for approximately 3 days for processing" and then returned by mail or through the title company, attorney or lender that recorded them. The office "is not permitted to complete forms, help customers fill out forms, or to check forms to make sure the result is what the customer intended", and it "strongly recommends that you consult with an attorney" when using the deed forms it posts.

Fees effective October 1, 2025

The Recorder's notice explains the current schedule: "In accordance with Public Act 103-0884, the County must adopt a resolution revising the predictable fee schedule to be consistent with 55 ILCS 5/3-5018.2. At the Will County Board meeting on Thursday, August 21, 2025 the board approved Resolution #25-224, updating our predictable fee schedule. The new fee schedule reflecting these changes will be effective October 1, 2025." Section 3-5018.2 is the statute that makes a county recorder charge one "predictable fee" per document class, "inclusive of all county and State fees"; the older section 3-5018 that the Recorder's guidelines page still cites was repealed by P.A. 103-400 effective January 1, 2024.

A standard document, in the Recorder's words, is on "8 1/2 x 11, white paper, black ink, minimum 10 point type, 3 x 5 blank space in upper right corner", with a clear half inch margin on all sides and "no attachments stapled and/or taped to any page", and "contains up to five Property Identification Number (PIN) references" and up to five related document numbers. Its standardization page adds two practical notes: it is permissible to print documents on both sides of a sheet of paper, and the blank space in the top right corner is for the recorder's use only, so filers must not write in it or affix transfer tax stamps there, "since doing so would cause the document to be charged at the non-standard rate."

What a deed must contain

The Recording Guidelines warn that "If any of the following items are missing from a document at the time of Recording (when applicable), a Document may not be Recorded." Every document needs the "Prepared By Name & Mailing Address" (55 ILCS 5/3-5022) and a "Document Return Name & Mailing Address" (55 ILCS 5/3-5020.5); every real estate document needs the "Permanent Index Number" (55 ILCS 5/3-5027). A deed also needs a legal description, must be notarized (765 ILCS 5/35c), and must show the "Grantee Name & Address", a "Tax Bill To Name & Mailing Address", and the "Property Address (Commonly Known As)", which "Must be physical address or nearest cross streets". Then two tax items: "Municipal Transfer Tax Stamps (Aurora, Bolingbrook, Channahon, Joliet, Naperville, Park Forest, Romeoville, University Park, Woodridge)" and a "Real Estate Transfer Tax Declaration or Exemption Properly Completed". Finally, "Deed Must Be Original, Not Copy". The deed forms the Recorder posts include a warranty deed, a quit claim deed and a transfer on death instrument.

The Illinois declaration and the Joliet stamp

35 ILCS 200/31-25 requires that when a deed or trust document "is presented for recordation" a declaration signed by a seller and a buyer, or their attorneys or agents, be presented with it, and that, except for the exemptions in section 31-45, the document "shall not be accepted for recordation unless it is accompanied by a declaration". The Recorder's FAQ says the declaration is the state's own form: "The Illinois Real Estate Transfer Declaration (PTAX-203 & PTAX-203A) are forms created and required by the State of Illinois", and its forms page says the "PTAX-203 and PTAX-203-A forms may also be filled out online in a guided and interactive fashion at the Illinois Department of Revenue website", with a MyDec link. For an exempt deed the Recorder reproduces the section 31-45 list, including "(E) Deeds or trust documents where the actual consideration is less than $100", and says the following statement must be added directly onto the deed or trust document: "Exempt under provisions of Paragraph ______ Section 31-45 Property Tax Code. Date: ____ Buyer / Seller / Representative: ____".

The City of Joliet's stamp is the other item. Its Real Estate Transfer page says "The cost is $3.00 per $1,000 of purchase price" and "Sellers of residential or commercial properties in Joliet located within city limits are responsible for purchasing the tax stamp." For a deed with no sale: "An exempt stamp is required on all properties in Joliet within city limits when there is a deed change on owned property. Some examples include marriage and adding another name, name change, putting in or removing from a Trust, refinancing or divorce/removal of a name." And: "There is a charge for purchase of a real estate transfer stamp, but no charge for exempt stamps." The city asks for the "Real Estate Declaration form", the "Deed" and "The P-Tax form" (a residential disclosure form only for new construction), and a completed water and lien letter received "at least four (4) business day prior to closing". Stamps are issued at 150 W. Jefferson Street, Joliet, IL 60432, Monday to Friday 8:00 a.m. to 4:30 p.m., phone (815) 724-3902, email realestatestamps@joliet.gov; the Recorder's FAQ lists Joliet, with that number, among the municipalities whose stamps must be bought "prior to recording".

E-recording and corrections

The Recorder calls e-recording "a quick and easy option for getting your documents recorded" through approved vendors that "collect the applicable fees for the recordings"; its page lists the approved vendors. Re-recordings "cannot be recorded via e-recording. They must be mailed in or brought into the office", and for a re-recorded deed "a new statement of transfer tax exemption is needed and a new municipal stamp/exemption may also be needed".

What a living trust changes for a Joliet homeowner

A Joliet home titled in the owner's name alone goes through the Will County Circuit Court at death: the $314.00 electronic petition, letters of office, claims and an order before the house can be sold or passed on, as the Illinois probate process guide describes. The small estate affidavit the clerk posts reaches bank accounts and other personal property up to $150,000, not real estate. A home that was deeded to the trustee of the owner's living trust while the owner was alive is simply not in that estate; the successor trustee holds it under the trust and deals with it without letters of office. The whole cost of that step in Joliet is one standard $90.00 recording at 158 N. Scott Street, on conforming paper, with the PTAX-203 declaration or exemption statement and the city's exempt stamp, which Joliet issues for a deed "putting in or removing from a Trust". The Illinois Complete Estate Plan includes the living trust, a pour-over will for anything left outside it, and funding instructions for the deed.