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.
What to Do When Someone Dies in Franklin County, Illinois
How probate works in Franklin County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Franklin County Circuit Court
Franklin County · 2nd Judicial Circuit
Phone
1-618-435-9800 (option 1, then option 1 for the Circuit Clerk)
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
100 Public Square, Benton, IL 62812
Website
E-filing
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 Franklin County are at the West Frankfort and Benton public libraries.
County forms
- Affidavit Regarding Heirship (Spouse or Descendants)The Second Circuit's heirship affidavit when the decedent left a spouse, partner or descendants.
- Affidavit Regarding Heirship (No Descendants)The Second Circuit's heirship affidavit when the decedent left no spouse or descendants.
- Affidavit of SuretyAn individual surety's affidavit of net assets on the bond of an executor, administrator or guardian.
P.O. Box 485
Benton, IL 62812
Fax
1-618-435-9848
Departments
- Traffic1-618-438-6731
Verified October 15, 2026 · Source
How Probate Works 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.
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 Franklin County
What probate costs in Franklin 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 100 Public Square, Benton. 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 Franklin County, Illinois are filed at the Circuit Court. The court sits in the 2nd Judicial Circuit.
Beside the filing office, the court lists a separate line for Traffic.
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 Franklin County Self-Filing Assessment.
Franklin 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).
SourceAn 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)).
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 Franklin County
In Illinois a death is registered locally, and in Franklin County certified copies of the death certificate are issued by Franklin County Clerk / Recorder as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
County Clerk
Franklin County · Franklin County Clerk / Recorder
Phone
Office
901 Public Square, Benton, IL 62812
Website
Certified copies
At the counter
Order online
P.O. Box 607
Benton, IL 62812
Fax
1-618-435-3405
Local rule
- A request for a death certificate is made in writing, in person, by mail or online. A mail request carries a copy of a valid photo identification, payment and a self-addressed stamped envelope.
Certified copy fees
| First certified copy | $27 |
| Each additional copy ordered at the same time | $13 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Franklin County · Franklin County Coroner's Office
Mail and offices
Fax
1-618-200-4218
Verified November 2, 2026 · Source
Transferring Property in Franklin 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 Franklin County are recorded with the County Clerk and Recorder at 901 Public Square, Benton, IL 62812. Phone: 1-618-435-9800.
Documents submitted by mail go to P.O. Box 607, Benton, IL 62812.
The County Clerk and Recorder charges $84 flat, regardless of page count.
Franklin County accepts electronic recording.
Recording Office Record
County Clerk and Recorder
Franklin County
Phone
Office
901 Public Square, Benton, IL 62812
Website
E-recording
P.O. Box 607
Benton, IL 62812
Fax
1-618-435-3405
Recording fees
| Flat fee (any length) | $84 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; Franklin County Clerk & Recorder recording fee notice (effective July 1, 2023)
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Franklin 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 Franklin 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.
Mt. Vernon firm practicing in Jefferson County since 1938 and handling matters across the southern third of Illinois. Advises executors and trustees on whether to probate, on the inventory and accounting of assets, and on distributions, and represents beneficiaries in estate and trust administration. Also establishes guardianships over minors and disabled adults.
Marion solo practice serving Williamson, Jackson, and Franklin counties, with clients in Anna, Benton, Carbondale, and Harrisburg. Assists executors with probating an estate whether or not there is a will, and prepares wills, revocable and irrevocable trusts, powers of attorney, and living wills. In practice since 1997, pairing probate with the family-law matters that surface during an estate.
Carbondale firm on West Main Street, established in 1909, serving Jackson County and southern Illinois. Handles probate administration — appointing personal representatives, preparing inventories and accountings — plus trust administration, retitling assets to beneficiaries, estate and fiduciary income tax returns, adult and minor guardianships, and business succession.
Marion firm on West Main Street serving Williamson County and southern Illinois. Guides executors through probate and estate administration — closing the estate, filing the paperwork, and corresponding with interested parties — and litigates will contests, trust disputes, and breach-of-fiduciary-duty claims for beneficiaries, trustees, banks, and trust companies.
Marion firm in Williamson County serving southern Illinois, from Carbondale and Herrin to Mount Vernon, Benton, Harrisburg, and Anna. Handles probate — validating a will and administering the distribution of an estate — along with guardianship petitions, Medicaid and special needs planning, estate protection, and veterans benefits. Founded by attorney Tiffanny H. Sievers.
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; Franklin County Clerk & Recorder recording fee notice (effective July 1, 2023)
- Franklin County Circuit Court, official page
- Franklin County Clerk and Recorder, official page
- Franklin 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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