Solo practice on South Whittle Avenue in Olney, serving Richland County and southeastern Illinois since 1979. Drafts wills and powers of attorney and advises on the tax implications of asset distribution, alongside real estate closings — including sales of inherited property — and business formation. Attorney Jeffrey Fleming has a background as a CPA.
What to Do When Someone Dies in Clay County, Illinois
How probate works in Clay County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Clay County Circuit Court
Clay County · 4th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
111 East Chestnut Street, Louisville, IL 62858
Website
E-filing
Self-represented filing
Allowed
E-filing
Required for attorneysProbate filings are e-filed through eFileIL by attorneys and self-represented filers alike. An original will cannot be e-filed and is filed with the clerk on paper. A self-represented filer without home internet access, an email account, or a credit card or bank account can file on paper after filing the Certification for Exemption From E-filing. On paper: Original wills, which are filed with the clerk on paper (Ill. S. Ct. R. 9(c)(1)).
Self-represented filing
AllowedA public terminal at the counter is available for self-represented filings.
Accepted payment
- At the counterPersonal checks from individuals or self-represented filers are not accepted for filing fees, fines or costs.
Self-help center
- Flora Public Library, Flora
P.O. Box 100
Louisville, IL 62858
Fax
1-618-665-3543
Verified October 16, 2026 · Source
How Probate Works in Clay County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Clay County, probate runs through the Circuit Court at 111 East Chestnut Street, Louisville. The court sits in the 4th Judicial Circuit.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Illinois intestacy law when there is no will.
Most Illinois estates take 9 months to 14 months to move through this process. Creditors have 6 months755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source to present a claim, counted from the first publication of the notice to creditors.
What Probate Costs in Clay County
What probate costs in Clay County, Illinois comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at 111 East Chestnut Street, Louisville. The court is part of the 4th Judicial Circuit.
Illinois caps the clerk's filing fee for a decedent's estate at $266, or $362 in Cook County, with the amount set by each county board. The $100 guardianship and advocacy fee that counties added through June 2026 has been repealed. Most county schedules issued since then post totals from $256 to $314, and publication is paid to the newspaper directly705 ILCS 105/27.1b(a)(2) (Clerks of Courts Act, as last amended by P.A. 104-468, eff. 7-1-26); former 705 ILCS 105/27.3f repealed by P.A. 104-468, eff. 7-1-26Verified Oct 17, 2026View source. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Illinois are negotiated, typically 1.9%Modeled estimate under 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3%Modeled estimate under 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Illinois allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules pay755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Illinois requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under 755 ILCS 5/12-2 (bond required), 5/12-4 (security excused by will)Verified Sep 8, 2026View source of estate value annually.
Probate in Illinois typically runs 9 months to 14 months, and costs accrue throughout that period.
How to File Probate at the Circuit Court
Probate cases in Clay County, Illinois are filed at the Circuit Court. The court sits in the 4th Judicial Circuit.
The court lists a self-help service at Flora Public Library, Flora.
Can You File Without an Attorney?
In Illinois, informal probate is not available755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
For a full cost comparison and filing checklist, see the Clay County Self-Filing Assessment.
Clay County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
A petition to admit a will attaches a copy of the will; a handwritten or non-English will also needs a typewritten copy.
A handwritten will goes in with a typewritten copy and an affidavit that it is true; a will in another language goes in with a typewritten English copy and a qualified translator's certification (Fourth Circuit Rule 13-2).
SourceThe affidavit of heirship follows a set outline, and a proposed order declaring heirship is filed with it.
The affidavit covers the death, every marriage and civil union, all children and the descendants of any who died, the efforts made to find unknown heirs, and traces each heir to the decedent; the representative submits a separate proposed order declaring heirship in the same words (Fourth Circuit Rule 13-3).
SourceOther Requirements
An estate with no activity for a year can be set for a status call.
The clerk notices the attorney or representative, and an estate found dormant at the call is handled under the periodic-accounting rule (Fourth Circuit Rule 13-7).
SourceWhat to Bring
Filed with the opening petition at the Circuit Court: Copy of the death certificate, which the Cook County Clerk asks for when the will is filed; the Probate Act and the court rules do not require one, and a plain copy serves; Original will and any codicils, filed with the clerk on paper (755 ILCS 5/6-1 "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"; Ill. S. Ct. R. 9(c)(1) excepts original wills from e-filing entirely — they "may not be electronically filed")755 ILCS 5/6-2, 5/6-8 (admit will & issue letters testamentary); 755 ILCS 5/9-3, 5/9-4 (letters of administration & preference); 755 ILCS 5/12-2 to 12-5 (oath & bond); 755 ILCS 5/28-2 (independent administration); 755 ILCS 5/6-13, 5/9-1 (who may act)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Clay County
In Illinois a death is registered locally, and in Clay County certified copies of the death certificate are issued by Clay County Clerk & Recorder as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
County Clerk
Clay County · Clay County Clerk & Recorder
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
111 East Chestnut Street, Room 106, Louisville, IL 62858
Website
Certified copies
At the counter
Order online
Fax
1-618-665-3607
Local rule
- In person the Clerk takes cash or check with a valid photo identification and has no card reader in the office. A request by a non-relative carries a letter or document from the agency or office that needs the certificate.
Certified copy fees
| First certified copy | $20 |
| Each additional copy ordered at the same time | $11 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Clay County · Clay County Coroner
Verified November 2, 2026 · Source
Transferring Property in Clay County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the County Clerk and Recorder.
Deeds and other real property documents for Clay County are recorded with the County Clerk and Recorder at 111 East Chestnut Street, Room 106, Louisville, IL 62858. Phone: 1-618-665-3626. Hours: Monday-Friday 8:00 AM-4:00 PM.
The County Clerk and Recorder charges $94 flat, regardless of page count.
Clay County accepts electronic recording through CSC, Simplifile, Hopdox and ePN.
Recording Office Record
County Clerk and Recorder
Clay County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
111 East Chestnut Street, Room 106, Louisville, IL 62858
Website
E-recording
available via CSC, Simplifile, Hopdox and ePN
Fax
1-618-665-3607
Recording fees
| Flat fee (any length) | $94 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; Clay County Predictable Fee Schedule (effective October 28, 2025)
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Clay County
Illinois allows independent administration755 ILCS 5/28-1, 5/28-2 (independent administration granted unless the will forbids it or an interested person objects)Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Illinois are based on reasonable compensation, billed hourly or as a flat fee. Ask a Clay County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Edwardsville firm serving the Metro East and southern Illinois from additional offices in Swansea, Mt. Vernon, and Centralia. Handles probate and the administration of estates after a death, and prepares wills, trusts, powers of attorney, and healthcare directives alongside elder-law, special-needs, and veterans-benefits work. Founded by attorney Todd W. Sivia in 2006.
Taylorville firm practicing in Christian County since 1928. Guides executors and trustees through probate and estate administration and litigates disputes between heirs, estate challenges, trustee misconduct, and misappropriation of assets. Also drafts wills, trusts, and powers of attorney and handles guardianships for minors and incapacitated adults.
Macomb general-practice firm on West Side Square, serving McDonough, Hancock, Henderson, Fulton, Schuyler, Warren, and Knox county families. Estate administration work covers probate, small estate affidavits, will contests, and inheritance and estate tax returns. Farm estates and farm succession planning are a recurring emphasis.
Lake Forest office on S. Saunders Road serving Chicago, the North Shore, and clients throughout Illinois and Missouri. Guides executors and trustees through probate — validating the will, inventorying and valuing assets, creditor and beneficiary notice, court filings, and distribution — plus guardianship and digital-asset planning. Attorney Shanise Evans meets clients in person or virtually.
Frankfort firm on West Lincoln Highway serving Will, Cook, and Kankakee counties and clients across Illinois. Opens estates in the county probate court, prepares inventories and creditor notices, and handles ancillary probate for out-of-state decedents with Illinois property, alongside trust administration, guardianships, and special needs trusts. Free consultation.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
(10)·
- 705 ILCS 105/27.1b(a)(2) (Clerks of Courts Act, as last amended by P.A. 104-468, eff. 7-1-26); former 705 ILCS 105/27.3f repealed by P.A. 104-468, eff. 7-1-26
- 755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12
- 755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)
- 755 ILCS 5/28-1, 5/28-2 (independent administration granted unless the will forbids it or an interested person objects)
- 755 ILCS 5/6-2, 5/6-8 (admit will & issue letters testamentary); 755 ILCS 5/9-3, 5/9-4 (letters of administration & preference); 755 ILCS 5/12-2 to 12-5 (oath & bond); 755 ILCS 5/28-2 (independent administration); 755 ILCS 5/6-13, 5/9-1 (who may act)
- 755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)
- 55 ILCS 5/3-5018.2; Clay County Predictable Fee Schedule (effective October 28, 2025)
- Clay County Circuit Court, official page
- Clay County Clerk and Recorder, official page
- Clay County vital records and death investigation offices, official page
Data sourced from Illinois statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Illinois
Free tools for settling an estate in Illinois: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Illinois.
How Do I Settle an Estate?
Settling an estate in Illinois: the personal representative files the estate inventory within 60 days755 ILCS 5/14-1Verified Oct 10, 2026View source of appointment; creditors have 6 months755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Illinois happens outside court: the trustee acts under the state's Uniform Trust Code760 ILCS 3/101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 days760 ILCS 3/813.1Verified Oct 10, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Illinois, informal probate is not available755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
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