Guardianship involves the appointment by a court of a legally responsible individual or agency on behalf of a
person who is not able to independently manage his or her affairs due to a disability or minor status (person
under the age of 18).
With adoption, birth parents give up all rights and responsibilities for the child. With guardianship, parents
keep some of their rights and responsibilities. For instance, with guardianship, parents can visit the child or
challenge the guardian’s power and they can get custody back by going to court. Also, if able, the parents
must contribute money to support the child. The guardian can seek this support in Child Support Court.
A petition for guardianship must be filed in the Clerk’s Office. Once guardianship papers (the Petition) are
filed with the court, parties appear in court in about three (3) to six (6) weeks. This time is used to let the
parents (or interested party) know what is going on. The judge reviews the petition and, for guardianship of
a minor, a background check is conducted on all potential guardians. Finally, a judge will make the
determination of who will be appointed guardian.
For further assistance, contact:
The Guardianship Assistance Desk for Minors: 69 W. Washington, Room 1020 Chicago, IL 60602 (312) 603-
0135.
The Adult Guardianship Assistance Desk: 205 W. Randolph Street, Suite 1610, Chicago, IL 60606 (312) 376-
1880.
To open a Probate Estate, you need to hire an attorney. Copies of court forms and a listing of free and low-
cost legal help are available in the Probate Division.
Yes. Please deliver it to the Probate Division in person or mail it using tracking or certified mail. Include the
date of death and a self-addressed stamped envelope to receive a Will Receipt for your records. If you want a
certified copy of the will, enclose a check for $2.00 for the first page, $.25 for pages 2-20, and $.50 each for
additional pages, plus a certification fee of $2.00.
You may request a certified copy of a will that was filed with the Probate Division by writing us or visiting our
office. To expedite this request, it would be helpful to provide either the Probate case number or the name
of the decedent and the date/year of death (if this information is available).
The fees for this service are: Photocopies $2.00 for the first page, $.25 for pages 2-20, and $.50 each for
additional pages. Certification $2.00 per document certified.
If making your request by mail, please include a self-addressed stamped envelope, otherwise a mailing fee
and a fee for postage will be charged.
Frequently Asked Questions:
What is Guardianship?
How does guardianship differ from adoption?
How does someone become a guardian?
My mother has passed away. How do I open a Probate Estate?
My husband passed away and left a will. Do I need to file it with the court?
My father’s will was filed with your office in 1999 and I need a certified copy of the will to make a claim with
the State Treasurer’s Office. How can I get this and how much will it cost?
Clerk of the Circuit
Court of Cook County
Probate
Division
Estates, wills, settlements, withdrawals, guardian-ships and testamentary instruments;
Claims against an estate arising in contract, tort, or otherwise;
Administration of estates of decedents, disabled persons, minors, and wards;
Petitions to sell or assign annuity contracts; and
Problems that arise under the Illinois Power of Attorney Act.
The Probate Division hears proceedings regarding:
Other Services:
The Clerk’s Office offers Passport Services in the Probate Division. Interested persons may complete
passport applications.
Frequently Asked Questions Continued
What are the fees for a passport and may I use a credit
card to pay them?
We accept the following methods of payment: cash, personal
check, company check, or money order. Passport fees are set
by the Department of State., effective January 2023 are
as follows:
FEES FOR U.S. PASSPORT (Form DS-11) These fees are non-refundable.
You may renew your passport via
mail only if you:
1. Already have a passport that is not
damaged;
2. Received it within the past 15
years;
3. Were over age 16 when it was
issued; and
4. Still have the same name as
in your passport (or you can legally
document your name change).
You must apply for your U.S.
passport in person if:
1. You are applying for a U.S.
passport for the first time.
2. Your previous U.S. passport was
lost, stolen, or damaged.
3. Your previous U.S. passport has
expired and was issued more than
15 years ago.
4. Your previous passport has expired and it was issued when you were under the age of 16.
5. Your name has changed since your passport was issued and you do not have a legal document
formally changing your name.
Expedited Service
1. Cost, in addition to regular application fees, is $60 per application plus overnight delivery costs.
2. Two-way overnight delivery is strongly suggested. If you mail-in, clearly mark Expedited on the
envelope.
If scheduled international departure is in less than 14 days, or a passport is needed for foreign visas,
application at a Regional Passport Agency is advised. An appointment is required. Visit
www.travel.state.gov/passport for more information on passport requirements and applications.
Clerk of the Circuit
Court of Cook County
$130 $35 $165
$100 $35 $135
$130
Office of the Clerk of the Circuit Court of Cook County
Probate Division
Richard J. Daley Center
50 West Washington St., Room 1202 Chicago, IL 60602
(312) 603-6441; (312) 603-6457
Hours of Operation:
Monday - Friday
8:30 a.m. to 4:30 p.m.
Excluding Court Holidays
www.cookcountyclerkofcourt.org
This handout is not a substitute for professional legal advice.
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