Pontiac firm on North Mill Street serving Livingston County and central Illinois, practicing in Pontiac for more than 60 years with a history reaching back into the 1800s. Handles probate administration, small estate affidavits, and gift and estate tax returns, and drafts wills, trusts, and powers of attorney. Pairs the estate work with farm and business succession planning.
What to Do When Someone Dies in Livingston County, Illinois
How probate works in Livingston County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Livingston County Circuit Court
Livingston County · 11th Judicial Circuit
Phone
Hours
Office
Website
E-filing
Self-represented filing
E-filing
Fax
About the court
- The Circuit Clerk's office is in the Law & Justice Center in Pontiac.
Verified October 16, 2026 · Source
How Probate Works in Livingston 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 Livingston County, probate runs through the Circuit Court at 110 North Main Street, Pontiac. The court sits in the 11th Judicial Circuit. Livingston County shares the 11th Judicial Circuit with Ford, Logan, McLean and Woodford.
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 Livingston County
What probate costs in Livingston 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 110 North Main Street, Pontiac. The court is part of the 11th 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 The $100 guardianship and advocacy fee that counties added through June 2026 has been repealed.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 Livingston County, Illinois are filed at the Circuit Court. The court sits in the 11th 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 Livingston County Self-Filing Assessment.
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 Livingston County
In Illinois a death is registered locally, and in Livingston County certified copies of the death certificate are issued by Livingston County Clerk & Recorder as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
County Clerk
Livingston County · Livingston County Clerk & Recorder
Phone
Hours
Office
Website
Fax
Local rule
- Death records go back to 1878, and a request carries a copy of a photo identification.
Certified copy fees
| First certified copy | $22 |
| Each additional copy ordered at the same time | $10 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Livingston County · Livingston County Coroner
Phone
Office
Website
Mail and offices
Fax
Verified November 2, 2026 · Source
Transferring Property in Livingston 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 Livingston County are recorded with the County Clerk and Recorder at 112 West Madison Street, Pontiac, IL 61764. Phone: 1-815-844-2006. Hours: Monday-Friday 8:00 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 618, Pontiac, IL 61764.
The County Clerk and Recorder charges $72 flat, regardless of page count.
Livingston County accepts electronic recording through ePN, CSC, Simplifile and Hopdox.
Recording Office Record
County Clerk and Recorder
Livingston County
Phone
Hours
Office
Website
Fax
Recording fees
| Flat fee (any length) | $72 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; Livingston County Schedule of Office/Recording Fees (effective July 1, 2023)
Document format requirements
- County ruletype no smaller than 10 point
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Livingston 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 Livingston 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.
La Salle firm serving the Illinois Valley, traced to a sole practice James Eugene Malone opened in La Salle circa 1909 and formerly Herbolsheimer, Duncan, Eiten & Hintz. Handles probate administration, will and trust contests, and guardianships. John S. Duncan counsels on advanced estate tax planning, marital and bypass trusts, and estate tax return preparation.
Serves McLean County estates through the Bloomington probate court, working with Bloomington-Normal families since 1990. Handles estate and trust administration, wills, powers of attorney, and contested estates. Carries a probate-litigation track for disputed administrations.
Serves McLean County estates through the Bloomington probate court near the county courthouse, with coverage extending across Logan, DeWitt, Livingston, Woodford, and Tazewell counties. Works with executors, administrators, and personal representatives to prepare and file probate documents and complete estate settlement from appointment through final distribution.
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; Livingston County Schedule of Office/Recording Fees (effective July 1, 2023)
- Livingston County Circuit Court, official page
- Livingston County Clerk and Recorder, official page
- Livingston 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.
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.
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.
Hire an Illinois Probate Attorney
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