What to Do When Someone Dies in Clinton County, Illinois

How probate works in Clinton County: the Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Clinton County Circuit Court

Clinton County · 4th Judicial Circuit

Hours

Monday-Friday 7:30 AM-4:00 PM

Office

850 Fairfax Street, Room 220, Carlyle, IL 62231

Self-represented filing

Allowed

Self-help forms

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

AllowedThe clerk's court forms page groups guardianship forms and the small estate affidavit under Probate and links the statewide forms and Illinois Legal Aid Online.

Self-help center

  • Circuit Clerk's Office, Room 220Computer access and resources for self-represented filers are at the circuit clerk's office, where an e-filing kiosk by the front counter has a scanner and printer. The law library is on the third floor outside Courtroom B.

Verified October 16, 2026 · Source

How Probate Works in Clinton 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 Clinton County, probate runs through the Circuit Court at 850 Fairfax Street, Room 220, Carlyle. 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 Clinton County

What probate costs in Clinton 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 850 Fairfax Street, Room 220, Carlyle. 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 Clinton County, Illinois are filed at the Circuit Court. The court sits in the 4th Judicial Circuit.

Computer access and resources for self-represented filers are at the circuit clerk's office, where an e-filing kiosk by the front counter has a scanner and printer. The law library is on the third floor outside Courtroom B.

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 Clinton County Self-Filing Assessment.

Clinton 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).

Source

The 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).

Source

Other 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).

Source

What 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 Clinton County

In Illinois a death is registered locally, and in Clinton County certified copies of the death certificate are issued by Clinton County Clerk & Recorder as well as by Illinois Department of Public Health - Division of Vital Records.

Vital Records Office Record

County Clerk

Clinton County · Clinton County Clerk & Recorder

Hours

Monday-Friday 7:30 AM-4:00 PM

Office

850 Fairfax Street, Carlyle, IL 62231

Fax

1-618-594-0195

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Clinton County · Clinton County Coroner

Hours

Monday-Friday 7:30 AM-4:00 PM

Mail and offices

Fax

1-618-526-4945

Verified November 2, 2026 · Source

Transferring Property in Clinton 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 Clinton County are recorded with the County Clerk and Recorder at 850 Fairfax Street, Carlyle, IL 62231. Phone: 1-618-594-6620. Hours: Monday-Friday 7:30 AM-4:00 PM.

The County Clerk and Recorder charges $70 flat, regardless of page count.

Recording Office Record

County Clerk and Recorder

Clinton County

Hours

Monday-Friday 7:30 AM-4:00 PM

Office

850 Fairfax Street, Carlyle, IL 62231

Fax

1-618-594-0195

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Clinton 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 Clinton 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.

FirmCentralia, IL

Crain, Miller & Wernsman, Ltd.

Since 1939 · Serves 5 counties

Centralia firm founded in 1939, serving Marion County and the surrounding southern Illinois counties. Collects and manages estate assets and debts, pays taxes, distributes property to heirs, and closes the estate, and also handles trust administration, nonprobate administration, contested wills, and guardianships of minors and disabled adults.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
623 E. Broadway StreetCentralia, IL 62801

FirmO'Fallon, IL

Dodd & Wambold

Serves 3 counties

O’Fallon estate and elder-law firm on Insight Avenue serving Metro East families in St. Clair County. Guides executors and trustees through probate and trust administration — inventorying assets, paying debts and taxes, and distributing to heirs — plus guardianships and special needs trusts. Attorneys Heidi Dodd and Kelly Wambold also handle long-term-care planning.

PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more

Office
723 Insight Ave, Suite 100O'Fallon, IL 62269

FirmBelleville, IL

Embrich & Elliott Law, LLC

Since 2023 · Serves 8 counties

Belleville firm serving the Metro East (St. Clair and Madison counties), with an Edwardsville office by appointment. Handles probate for executors and heirs — filing the will, appointing the representative, inventorying assets, creditor notice, tax filings, and distribution — plus will contests and estate mediation. Both founding partners are certified mediators.

PracticesEstate PlanningProbateProbate LitigationSpecial Needs Planningand 2 more

Office
120 West Main Street, Suite 201Belleville, IL 62220

FirmEdwardsville, IL

Opel Bash Group

Serves 5 counties

Edwardsville firm founded by attorneys Kathie Opel and Erica Bash, serving Madison and St. Clair counties in the Metro East. Handles probate and trust administration for executors and beneficiaries — managing estate assets, tax matters, and distribution — plus wills, trusts, and powers of attorney alongside a business-law practice.

PracticesEstate PlanningTrust AdministrationProbateWills Trusts

Office
517 Saint Louis StreetEdwardsville, IL 62025
Free consultation

FirmEdwardsville, IL

Sivia Business & Legal Services, P.C.

Since 2006 · Serves 5 counties

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.

PracticesEstate PlanningProbateElder LawSpecial Needs PlanningWills Trusts

Office
217 S Main StEdwardsville, IL 62025
Free consultation

FirmBelleville, IL

Wilson, Dabler & Associates, L.L.C.

Since 1991 · Serves 5 counties

Belleville firm serving St. Clair, Monroe, Clinton, Madison, and Randolph counties, with a by-appointment satellite office in Waterloo. Identifies and secures estate assets, orders property appraisals, manages estate bank accounts, files probate court documents, satisfies estate tax obligations, and transfers assets to beneficiaries. Primarily a family-law and mediation practice.

PracticesEstate PlanningProbateWills Trusts

Office
14 South Second StreetBelleville, IL 62220
See all 16 firms serving Clinton County →

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.

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Legal Sources

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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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