What to Do When Someone Dies in Edwards County, Illinois

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

Probate Court Record

Edwards County Circuit Court

Edwards County · 2nd Judicial Circuit

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

50 East Main Street, Suite 7, Albion, IL 62806

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

AllowedFree legal self-help centers for Edwards County are at the Albion and West Salem public libraries.

Verified October 15, 2026 · Source

How Probate Works in Edwards 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 Edwards County, probate runs through the Circuit Court at 50 East Main Street, Suite 7, Albion. The court sits in the 2nd 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 Edwards County

What probate costs in Edwards 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 50 East Main Street, Suite 7, Albion. The court is part of the 2nd 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 Edwards County, Illinois are filed at the Circuit Court. The court sits in the 2nd Judicial Circuit.

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 Edwards County Self-Filing Assessment.

Edwards 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

An affidavit of heirship comes with a proposed Order Declaring Heirship.

Heirship is proved by court testimony, an affidavit or a deposition, and the affidavit follows the Chief Judge's form. With the affidavit the representative hands the clerk a separate proposed Order Declaring Heirship that repeats the affidavit's concluding section (Second Circuit Local Rule 20).

Source

An individual surety can file an affidavit of net assets.

An individual who signs as surety on an executor's, administrator's or guardian's bond may file an affidavit that their net assets equal or exceed the bond in place of a sworn schedule of property (Second Circuit Local Rule 11(C)).

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 Edwards County

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

Vital Records Office Record

County Clerk

Edwards County · Edwards County Clerk and Registrar

Office

50 East Main Street, Suite 12, Albion, IL 62806

Fax

1-618-445-4941

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Edwards County · Edwards County Coroner

Verified November 2, 2026 · Source

Transferring Property in Edwards 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 Edwards County are recorded with the County Clerk and Recorder at 50 East Main Street, Suite 12, Albion, IL 62806. Phone: 1-618-445-2115.

The County Clerk and Recorder charges $83 flat, regardless of page count.

Recording Office Record

County Clerk and Recorder

Edwards County

Office

50 East Main Street, Suite 12, Albion, IL 62806

Fax

1-618-445-4941

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Edwards 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 an Edwards 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.

FirmCarbondale, IL

Barrett, Twomey, Broom, Hughes & Hoke, LLP

Since 1949 · Serves 20 counties

Carbondale firm serving Jackson County and the southern Illinois region since 1949. Handles probate and estate settlement — filing probate paperwork, resolving the decedent’s debts, distributing assets under the will, and guiding executors through the process — alongside testamentary trusts for minor beneficiaries.

PracticesEstate PlanningProbateElder LawConservatorshipand 2 more

Office
100 N Illinois AveCarbondale, IL 62901

Solo PracticeOlney, IL

Bartley C. Zuber, Attorney at Law

Serves 4 counties

Olney practice on South Kitchell Avenue in Richland County, serving southeastern Illinois. Settles estates and prepares wills, trusts, and powers of attorney, and handles guardianships and adoptions. Attorney Bartley Zuber is a certified mediator and guardian ad litem, and the practice also covers real estate transactions and title insurance.

PracticesEstate PlanningProbateConservatorshipGuardianshipWills Trusts

Office
117 South Kitchell AvenueOlney, IL 62450

Solo PracticeOlney, IL

Jeffrey Fleming Attorney at Law

Since 1979 · Serves 4 counties

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.

PracticesEstate PlanningBusiness LawReal EstateWills Trusts

Office
420 S Whittle AveOlney, IL 62450

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

FirmTaylorville, IL

Beavers, Calvert, & Brotherton

Since 1928 · Serves the whole state

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.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
221 West Main Cross StreetTaylorville, IL 62568

FirmMacomb, IL

Bougher, Krisher & Clark, Attorneys at Law, P.C.

Serves the whole state

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.

PracticesEstate PlanningProbateProbate LitigationTax Planningand 3 more

Office
32 West Side SquareMacomb, IL 61455
See all 14 firms serving Edwards 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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