Estate Planning for Jefferson County, Illinois Property Owners

For most Jefferson County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

Record a TOD deedWhere to recordLocal attorneys

For a Jefferson County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Jefferson County home out of probate are a transfer-on-death deed recorded with the County Clerk and Recorder, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Jefferson County property passes through the Circuit Court — even simple Illinois probates run 6+ months and start with about $284 in filing fees. Illinois also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Jefferson County

A transfer on death instrument names a beneficiary who receives Jefferson County property automatically at the owner's death, without probate. It is recorded with the County Clerk and Recorder during the owner's lifetime and can be revoked at any time.

Before recording, an Illinois transfer on death instrument is signed with 2755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source witnesses and notary acknowledgment755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's death755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source.

Create a Illinois TOD deed →Jefferson County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Jefferson County are recorded with the County Clerk and Recorder at 100 South 10th Street, Room 105, Mt. Vernon, IL 62864. Phone: 1-618-244-8020. Hours: Monday-Friday 8:00 AM-4:00 PM.

The County Clerk and Recorder charges $86 flat, regardless of page count. Recording a 2-page transfer on death instrument in Jefferson County comes to $86. A transfer on death instrument is exempt from transfer tax.

Jefferson County accepts electronic recording through CSC, ePN, Hopdox, Indecomm and Simplifile.

Recording Office Record

County Clerk and Recorder

Jefferson County

Hours

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

Office

100 South 10th Street, Room 105, Mt. Vernon, IL 62864

Open in Google Maps

Fees

Recording fees

Flat fee (any length)$86
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

55 ILCS 5/3-5018.2; Jefferson County Recorder Fee Schedule (effective March 1, 2025)

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Jefferson County

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

FirmMount Vernon, IL

Black, Ballard, McDonald, P.C.

Since 1938 · Serves 7 counties

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.

PracticesEstate PlanningTrust AdministrationProbateTax Planningand 3 more

Office
108 S. 9th StreetMount Vernon, IL 62864
Free consultation

FirmMarion, IL

SI Elder Law, LLC

Serves 6 counties

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.

PracticesEstate PlanningProbateElder LawConservatorshipand 3 more

Office
201 W. Main StreetMarion, IL 62959
Free consultation

FirmMount Vernon, IL

Villani Johnson Law Group, LLC

Serves 5 counties

Mount Vernon firm on Broadway Street representing individuals and families from Jefferson County and the surrounding southern Illinois communities. Handles estate planning and probate alongside family law, criminal defense, business law, and civil litigation, with more than 60 years of combined experience.

PracticesEstate PlanningProbate

Office
2215 Broadway Street, Suite AMount Vernon, IL 62864
Virtual consultations

FirmCentralia, IL

Crain, Miller & Wernsman, Ltd.

Since 1939 · Serves 5 counties

Centralia firm founded in 1939, serving Marion County and the surrounding southern Illinois counties. Collects and manages estate assets and debts, pays taxes, distributes property to heirs, and closes the estate, and also handles trust administration, nonprobate administration, contested wills, and guardianships of minors and disabled adults.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
623 E. Broadway StreetCentralia, IL 62801

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
See all 15 firms serving Jefferson 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.

SimplyTrustSimplyTrust Editorial·

Legal Sources

Data sourced from Illinois statutes and official state code. How we research.

Forms for Planning Your Estate in Illinois

Free forms for planning your estate in Illinois: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Illinois.

Free

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.

Get Started
Free

Codicil to a Will

In Illinois, a codicil is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, like a will.

Get Started
Free

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.

Get Started
Free

HIPAA Release

In Illinois, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information, mental health records and genetic information410 ILCS 305/9(1)(b); 740 ILCS 110/5; 410 ILCS 513/15(a) and 410 ILCS 513/30(a)(2)Verified Jun 19, 2026View source expressly before a provider releases them.

Get Started
Free

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.

Get Started
Free

Transfer on Death Deed

In Illinois, a transfer on death instrument is signed before a notary755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source and 2755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's death755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source. Illinois does not recognize a Lady Bird deed.

Get Started
Free

Vehicle Transfer on Death

Illinois allows a transfer-on-death beneficiary designation on a vehicle title625 ILCS 5/3-104(a-5), 3-107(b-5)Verified Oct 21, 2026View source, filed through the Illinois Secretary of State, Vehicle Services Department using Form VSD 773.

Get Started
Free

Living Will

In Illinois, the living will is the Living Will Declaration755 ILCS 35 (Illinois Living Will Act), §§ 1-10Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

Get Started

All Illinois forms

Tools for Planning Your Estate in Illinois

Free tools for planning your estate in Illinois: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Illinois and read its answer.

How Do I Sign Estate Documents?

In Illinois, a will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and notarization is not required755 ILCS 5/4-3Verified Oct 18, 2026View source.

Check the Rules

Will My Estate Documents Transfer?

Illinois recognizes a will signed under the law of the place where it was signed755 ILCS 5/7-1Verified Oct 18, 2026View source; a will signed in Illinois itself needs 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and notarization is not required755 ILCS 5/4-3Verified Oct 18, 2026View source.

Get the Answer

Trust or Will: Which Costs Less?

In Illinois, a will-based plan pays probate attorney fees of 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 the estate; a funded revocable trust keeps those assets out of probate and off that fee.

Calculate Costs

How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Illinois runs $3,680Estimate: 10 hours at $368, Clio's Illinois Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,520Estimate: 15 hours at $368, Clio's Illinois Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

Calculate Costs

How Much Does a Will Cost?

An attorney-prepared will in Illinois runs $1,002Estimate: 3 hours at $334, Clio's Illinois Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,004Estimate: 6 hours at $334, Clio's Illinois Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.

Calculate Costs

How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

Compare Options

How Do I Name a Guardian for My Minor Children?

In Illinois, a parent names a guardian for a minor child in a will or a separate signed writing755 ILCS 5/11-5(a-1), 11-5(a)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18755 ILCS 5/11-1Verified Sep 15, 2026View source.

See the Steps

Do I Need a Revocable Trust?

Probate in Illinois takes 6 months to 9 months for a simple estate and charges attorney fees of 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 the estate; assets held in a revocable trust skip both.

Get the Answer

All Illinois tools

Illinois Estate Planning Articles

Estate planning articles for Illinois.