Estate Planning & Probate in Franklin County, Illinois
Franklin County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. Pick the path that fits, then work from the local Circuit Court details.
Someone died — settling an estate
Filing probate at the Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Franklin County →Planning ahead as a property owner
Keep a Franklin County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Franklin County →The Probate Process in Franklin 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 Franklin County, probate runs through the Circuit Court at 100 Public Square, Benton. The court sits in the 2nd Judicial Circuit.
Full Franklin County probate guide: cost, how to file & attorneys →Probate Court Record
Franklin County Circuit Court
Franklin County · 2nd Judicial Circuit
Phone
Hours
Office
Website
E-filing
Self-represented filing
Self-help forms
How to file probate in Franklin County →
Verified October 15, 2026 · Source
Recording Office Record
County Clerk and Recorder
Franklin County
Phone
Office
Website
Recording fee
E-recording
Verified October 16, 2026 · Source
Vital Records Office Record
County Clerk
Franklin County · Franklin County Clerk / Recorder
Phone
Office
Website
Certified copies
Order online
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Franklin County · Franklin County Coroner's Office
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Circuit Court
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). 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)).
Forms for Planning and Settling an Estate in Illinois
Free Illinois forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Illinois.
Last Will and Testament
In Illinois, a will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavit755 ILCS 5/4-3Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Illinois, a pour-over will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Illinois requires 1755 ILCS 45/4-10Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required755 ILCS 45/4-10Verified Oct 15, 2026View source.
Financial Power of Attorney
Illinois treats a power of attorney as durable by default755 ILCS 45/2-3, 45/2-5, 45/2-8, 45/2-10.6, 45/3-3, 45/3-3.6, 45/3-4; 765 ILCS 5/28; 755 ILCS 5/11-1Verified Sep 18, 2026View source, and it is signed before 1755 ILCS 45/2-3, 45/2-5, 45/2-8, 45/2-10.6, 45/3-3, 45/3-3.6, 45/3-4; 765 ILCS 5/28; 755 ILCS 5/11-1Verified Sep 18, 2026View source witness and a notary.
Tools for Planning and Settling an Estate in Illinois
Free calculators and checklists to plan or settle an estate in Illinois: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Illinois, estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less skip probate with the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source.
Who Inherits Without a Will?
Without a will in Illinois, a surviving spouse takes half of the estate755 ILCS 5/2-1Verified Oct 21, 2026View source when a child or other descendant survives, and descendants divide what passes to them per stirpes755 ILCS 5/2-1Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Illinois costs an estimated $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 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 the estate under a reasonable-compensation standard.
Illinois Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Franklin County.
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