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 Countyprobate guide: cost, how to file & attorneys →Probate Court Record
Circuit Court
Franklin County · 2nd Judicial Circuit
Recording Deeds & Property Documents
Recording Office Record
County Clerk & Recorder
Franklin County · County Clerk & Recorder · Paris Dunk
Address
Phone
Fax
E-recording
$50 flat, regardless of page count; required form fees may include PTAX-203 Illinois Real Estate Transfer Declaration (MyDec / PTAX-203) ($0); TOD deeds are generally transfer-tax exempt.
Full recording details →Verified July 13, 2026 · Source
Frequently Asked Questions
The Circuit Court for Franklin County is located in Benton, Illinois. Full address, phone, hours, and e-filing details are listed on this page.
E-filing is mandatory for attorneys in Franklin County, but families handling probate without an attorney are exempt. Self-represented filers can submit paper documents at the Circuit Court in person or by mail.
No. Illinois allows estates under $150,000 to use a Small Estate Affidavit and skip formal probate. There is no statutory waiting period. Use the Illinois probate decision tool to see if the estate qualifies.
When there is no will, Illinois' intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Franklin County probate court applies the state rules without variation. See who inherits in Illinois for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Franklin County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Illinois Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Franklin County.
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