Biggsville solo practice serving Henderson County and the surrounding western Illinois farm communities. Handles probate administration and drafts wills, living trusts, powers of attorney, and Medicaid plans. Pairs estate work with farm and business succession planning, and practices in both Illinois and Iowa.
What to Do When Someone Dies in Henderson County, Illinois
How probate works in Henderson County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Henderson County Circuit Court
Henderson County · 9th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
307 Warren Street, Oquawka, IL 61469
Website
E-filing
Self-represented filing
Allowed
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)).
P.O. Box 546
Oquawka, IL 61469
Fax
1-309-867-3207
Verified October 16, 2026 · Source
How Probate Works in Henderson 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 Henderson County, probate runs through the Circuit Court at 307 Warren Street, Oquawka. The court sits in the 9th Judicial Circuit. The same 9th Judicial Circuit also serves Fulton, Hancock, Knox, McDonough and Warren.
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 Henderson County
What probate costs in Henderson 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 307 Warren Street, Oquawka. The court is part of the 9th Judicial Circuit.
Procedures at this court that affect cost: Notice of a hearing on a final account goes out at least eight days ahead.
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 Henderson County, Illinois are filed at the Circuit Court. The court sits in the 9th 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 Henderson County Self-Filing Assessment.
Henderson County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
The first inventory is due within 60 days after letters issue.
Except in independent administration, each inventory is presented to the circuit clerk for filing, the first within 60 days after letters issue, and a safe deposit box is listed with a certified itemized statement of its contents (Ninth Circuit Rules 9.25 and 9.30).
SourceDocument Requirements
A handwritten or foreign-language will needs a typed copy or translation.
A handwritten will is filed with a typewritten copy and an affidavit that the copy is true, and a will in another language with a typewritten translation certified by a qualified translator (Ninth Circuit Rule 9.10).
SourceOther Requirements
An estate with no account after a year can be moved to inactive status.
Where no verified account is presented within 60 days after the first year from letters, or the case sits inactive for a year, the court may remove the representative or, after an order to show cause, move the case to inactive status (Ninth Circuit Rules 9.35 and 9.40).
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 Henderson County
In Illinois a death is registered locally, and in Henderson County certified copies of the death certificate are issued by Henderson County Clerk and Registrar as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
County Clerk
Henderson County · Henderson County Clerk and Registrar
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
307 Warren Street, Oquawka, IL 61469
P.O. Box 308
Oquawka, IL 61469
Fax
1-309-867-2033
Certified copy fees
| First certified copy | $19 |
| Each additional copy ordered at the same time | $4 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Henderson County · Henderson County Coroner
Phone
Verified November 2, 2026 · Source
Transferring Property in Henderson 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 Henderson County are recorded with the County Clerk and Recorder at 307 Warren Street, Oquawka, IL 61469. Phone: 1-309-867-2911. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 308, Oquawka, IL 61469.
The County Clerk and Recorder charges $83 flat, regardless of page count.
Recording Office Record
County Clerk and Recorder
Henderson County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
307 Warren Street, Oquawka, IL 61469
P.O. Box 308
Oquawka, IL 61469
Fax
1-309-867-2033
Recording fees
| Flat fee (any length) | $83 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2 (counties of the first and second class); 55 ILCS 5/4-12002.3 (county of the third class — Cook)
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Henderson 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 Henderson 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.
Macomb firm on East Jackson Street serving McDonough County and western Illinois since 1979, with a second office in Roseville. Handles probate matters and estate tax planning for farm families, farm owners, and local businesses, and prepares wills, trusts, and health care and property powers of attorney.
General-practice firm in Carthage, the Hancock County seat, serving western Illinois. Estate work covers wills, powers of attorney for healthcare and property, transfer-on-death instruments, revocable living trusts, supplemental needs trusts, and estate and income tax minimization. The firm traces its roots to Wilbur D. Capps, who began practicing in 1941.
Serves Champaign and McLean counties from offices in Champaign and Bloomington. Its estate and trust group handles estate administration and probate alongside estate and charitable gift planning, with eight attorneys in the practice, two of them at the Bloomington office.
Woodford County firm based in Eureka since its founding by Don B. Pioletti Sr. in 1938, with offices in Bloomington, Peoria, Springfield, and Kankakee. Drafts wills, living and life insurance trusts, special needs trusts, powers of attorney, and health care directives, and handles creditor claims, fiduciary litigation, trust contests, and guardianships.
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.
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 (counties of the first and second class); 55 ILCS 5/4-12002.3 (county of the third class — Cook)
- Henderson County Circuit Court, official page
- Henderson County Clerk and Recorder, official page
- Henderson 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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