Wills

An original Last Will & Testament, and additional Codicils (if applicable) of a deceased McHenry County resident should be filed at the Circuit Clerk Civil Division – Room 136. The Clerk will file and assign a number to the Will, and provide the filer with a Will Receipt for their records. Please provide a date of death of the decedent at the time of filing.

There is no fee to file a Will with the Circuit Clerk. Certified copies of the Will may be purchased upon filing, for a fee of $2.00 for the first page and $.50 for each page thereafter, plus $6.00 for each certification. If you provide additional copies of the Will at the time of filing, the Circuit Clerk will file stamp your additional copies at no charge.  If certification of the additional copies is required, that will be assessed at $6.00 per certification. 

• Wills must be filed within thirty (30) days after the date of death.
• The original Will must be filed with the Circuit Clerk’s Office.
• Wills cannot be filed electronically.
• Wills cannot be filed prior to death.
• The petition to have a Will probated (if applicable) and the original Will can be filed at the same time.
• The Circuit Clerk will maintain the original Will.

(755 ILCS 5/6-1) Duty to file will – altering, destroying or secreting.)
(a) Immediately upon the death of the testator any person who has the testator’s will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will, subject to the provisions of Section 5.15 of the Secretary of State Act.