What to Do When Someone Dies in Jefferson County, Illinois

How probate works in Jefferson County: the Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Jefferson County Circuit Court

Jefferson County · 2nd Judicial Circuit

Hours

Monday-Friday 8:30 AM-4:30 PM

Office

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

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)).

Accepted payment

  • At the counterCash, Money order, Credit card.Cashier's checks are accepted; personal checks are not.

Verified October 15, 2026 · Source

How Probate Works in Jefferson 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 Jefferson County, probate runs through the Circuit Court at 100 South 10th Street, Mt. Vernon. 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 Jefferson County

What probate costs in Jefferson 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 South 10th Street, Mt. Vernon. 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 Jefferson County, Illinois are filed at the Circuit Court. The court sits in the 2nd 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 Jefferson County Self-Filing Assessment.

Jefferson 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

Heirship is proved by testimony in open court, by affidavit or by deposition, and the affidavit follows the circuit's prescribed form.

Under Second Judicial Circuit Rule 20, the affidavit lists every child and the descendants of any deceased child, says there are no others, and traces each heir's relationship to the decedent. The representative files a separate proposed Order Declaring Heirship with it.

Source

What 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 Jefferson County

In Illinois a death is registered locally, and in Jefferson County certified copies of the death certificate are issued by Jefferson County Clerk & Recorder as well as by Illinois Department of Public Health - Division of Vital Records.

Vital Records Office Record

County Clerk

Jefferson County · Jefferson County Clerk & Recorder

Phone

1-618-244-8020 (ext. 3, then option 2)

Hours

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

Office

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

Fax

1-618-244-8023

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Jefferson County · Jefferson County Coroner

Phone

Office

100 South 10th Street, Room 1, Mt. Vernon, IL 62864

Verified November 2, 2026 · Source

Transferring Property in Jefferson 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 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.

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

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

Forms that put a death on the title

Probate Attorneys Serving Jefferson 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 Jefferson 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.

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.

Since 1949Serves 20 countiesEstate PlanningProbateElder LawConservatorshipGuardianshipWills Trusts

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.

Since 1938Serves 7 countiesFree consultationEstate PlanningTrust AdministrationProbateTax PlanningConservatorship+2

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.

Serves 6 countiesFree consultationEstate PlanningProbateElder LawConservatorshipGuardianship+2

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.

Since 1939Serves 5 countiesEstate PlanningTrust AdministrationProbateProbate LitigationElder Law+4

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.

Since 2006Serves 5 countiesFree consultationEstate PlanningProbateElder LawSpecial Needs PlanningWills Trusts

See all 16 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.

Legal Sources

(10)·

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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