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)).
Filing in person
Walk-ins acceptedFilers can come to the courthouse, where clerk staff help e-file documents on a county computer; probate and other civil filers go to Room 120. The Alton satellite office at 1700 E. Broadway is open Tuesday and Friday only, 8 AM to 4 PM.
Self-represented filing
AllowedThe clerk's probate page carries the county's fillable Status Report for Decedent's Estates and Estate Claim Form, the Small Estate Affidavit, and guardianship forms. Clerk staff cannot advise how to complete a form.
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 Madison County, probate runs through the Circuit Court at 155 North Main Street, Edwardsville. The court sits in the 3rd Judicial Circuit. Madison County shares the 3rd Judicial Circuit with Bond.
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 Madison County
What probate costs in Madison 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 155 North Main Street, Edwardsville. The court is part of the 3rd Judicial Circuit.
The Circuit Court charges $284705 ILCS 105/27.1b(a)(2) (Clerks of Courts Act, as last amended by P.A. 104-468, eff. 7-1-26); former 705 ILCS 105/27.3f repealed by P.A. 104-468, eff. 7-1-26Verified Oct 17, 2026View source to open a probate case. 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 Madison County, Illinois are filed at the Circuit Court. The court sits in the 3rd Judicial Circuit.
Beside the filing office, the court lists a separate line for Probate (Civil Section).
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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Court Appearances
A status report can stand in for an appearance at a decedent estate status setting
When a decedent's estate is set for a status hearing, the personal representative can file the county's Status Report form instead of appearing, describing the work done, the work remaining, any contested issues and the time needed, and asking for the next setting.
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 Madison County
In Illinois a death is registered locally, and in Madison County certified copies of the death certificate are issued by Madison County Clerk as well as by Illinois Department of Public Health - Division of Vital Records.
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 Recorder.
Deeds and other real property documents for Madison County are recorded with the County Recorder at 157 North Main Street, Suite 211, Edwardsville, IL 62025. Phone: 1-618-296-4475. Hours: Monday-Friday 8:30 AM-4:30 PM.
The County Recorder charges $70 flat, regardless of page count.
Madison County accepts electronic recording through ePN, CSC, Simplifile, Indecomm and Hopdox.
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 Madison 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.
O’Fallon estate and elder-law firm on Insight Avenue serving Metro East families in St. Clair County. Guides executors and trustees through probate and trust administration — inventorying assets, paying debts and taxes, and distributing to heirs — plus guardianships and special needs trusts. Attorneys Heidi Dodd and Kelly Wambold also handle long-term-care planning.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
Belleville firm serving the Metro East (St. Clair and Madison counties), with an Edwardsville office by appointment. Handles probate for executors and heirs — filing the will, appointing the representative, inventorying assets, creditor notice, tax filings, and distribution — plus will contests and estate mediation. Both founding partners are certified mediators.
PracticesEstate PlanningProbateProbate LitigationSpecial Needs Planningand 2 more
Office
120 West Main Street, Suite 201Belleville, IL 62220
Edwardsville practice serving Madison County and the nearby communities of Belleville, Carlinville, Jerseyville, Vandalia, Hillsboro, and Greenville. Deb Hawkins handles probate and guardianships and drafts wills, testamentary trusts, living wills, and powers of attorney. Offers a free 30-minute initial consultation for estate planning and probate matters, alongside a family law practice.
Belleville firm on South Charles Street serving St. Clair, Madison, and Monroe county families across the Metro East. Handles estate administration and guardianships after a death, and drafts wills, trusts, health care directives, living wills, and powers of attorney.
Litchfield and Nokomis offices serving Montgomery County and surrounding central Illinois counties. Guides executors through probate — filing the will with the circuit clerk, appraising property, paying debts, and distributing to heirs — plus small estate affidavits, guardianship administration, and probate litigation. Attorneys Trent S. West and Michael G. Ginos also draft wills and trusts.
PracticesEstate PlanningProbateProbate LitigationConservatorshipand 2 more
Edwardsville firm founded by attorneys Kathie Opel and Erica Bash, serving Madison and St. Clair counties in the Metro East. Handles probate and trust administration for executors and beneficiaries — managing estate assets, tax matters, and distribution — plus wills, trusts, and powers of attorney alongside a business-law practice.
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.
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.
Enter the estate value to see Illinois attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Illinois lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
