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.
What to Do When Someone Dies in Marion County, Illinois
How probate works in Marion County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Marion County Circuit Court
Marion County · 4th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
100 East Main Street, Room 204, Salem, IL 62881
Website
E-filing
Self-represented filing
Allowed
Self-help forms
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)).
Self-represented filing
AllowedThe clerk's forms page links the Illinois Supreme Court standardized forms, including the Small Estate Affidavit and guardianship accounting forms. Clerk staff cannot give legal advice or say what to write in a filing.
Accepted payment
- At the counterCash, Money order, Check.The clerk's office takes cash, money orders and certified checks, and does not take personal checks. Credit and debit cards are taken online.
Hearing schedule
- Civil court, which includes probate cases, sits on Monday, Tuesday and Thursday.
Self-help center
- Room 204, Marion County CourthouseMonday-Friday 8:00 AM-4:00 PMThe Legal Self-Help Center in the clerk's office has computers, scanners, pre-printed forms, free Westlaw access, e-filing instructions and a copier. No appointment is needed, and copy fees may apply.
Fax
1-618-740-0118
About the court
- A filer without a computer or internet access can e-file from the Legal Self-Help Center in Room 204.
Verified October 15, 2026 · Source
How Probate Works in Marion 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 Marion County, probate runs through the Circuit Court at 100 East Main Street, Room 204, Salem. The court sits in the 4th Judicial Circuit. Marion County uses marioncountyil.gov for probate e-filing, while most Illinois counties file through efile.illinoiscourts.gov.
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 Marion County
What probate costs in Marion 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 East Main Street, Room 204, Salem. The court is part of the 4th Judicial Circuit.
Procedures at this court that affect cost: Executors and administrators account within 14 months, then yearly.
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 Marion County, Illinois are filed at the Circuit Court. The court sits in the 4th Judicial Circuit.
The Legal Self-Help Center in the clerk's office has computers, scanners, pre-printed forms, free Westlaw access, e-filing instructions and a copier. No appointment is needed, and copy fees may apply.
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 Marion County Self-Filing Assessment.
Marion 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
A petition to admit a will attaches a copy of the will
A petition to admit a will to probate has a copy of the will attached. A handwritten will also needs a typewritten copy and an affidavit that it is accurate, and a will in another language needs a typewritten English copy with a qualified translator's certification.
SourceAn affidavit of heirship is filed with a proposed Order Declaring Heirship
Heirship is proved by testimony in open court or by affidavit, and the affidavit lists the spouse, children and other relatives and traces each heir's relationship to the decedent. When the affidavit is filed, the representative gives the clerk a separate proposed Order Declaring Heirship that follows the affidavit's concluding section.
SourceOther Requirements
An estate with no activity for a year can be set for a status call
When an estate shows no activity for at least a year, the court can set a status call and the clerk notifies the attorney and the personal representative.
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 Marion County
In Illinois a death is registered locally, and in Marion County certified copies of the death certificate are issued by Marion County Clerk & Recorder as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
County Clerk
Marion County · Marion County Clerk & Recorder
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
100 East Main Street, Salem, IL 62881
Website
P.O. Box 637
Salem, IL 62881
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
Marion County · Marion County Coroner
Phone
Hours
Monday-Friday 8:00 AM-noon
Office
200 East Schwartz Street, Salem, IL 62881
Website
Verified November 2, 2026 · Source
Transferring Property in Marion 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 Marion County are recorded with the County Clerk and Recorder at 100 East Main Street, Salem, IL 62881. Phone: 1-618-548-3400. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 637, Salem, IL 62881.
The County Clerk and Recorder charges $83 flat, regardless of page count.
Recording Office Record
County Clerk and Recorder
Marion County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
100 East Main Street, Salem, IL 62881
Website
P.O. Box 637
Salem, IL 62881
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 Marion 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 Marion 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.
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.
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.
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.
Macomb general-practice firm on West Side Square, serving McDonough, Hancock, Henderson, Fulton, Schuyler, Warren, and Knox county families. Estate administration work covers probate, small estate affidavits, will contests, and inheritance and estate tax returns. Farm estates and farm succession planning are a recurring emphasis.
Lake Forest office on S. Saunders Road serving Chicago, the North Shore, and clients throughout Illinois and Missouri. Guides executors and trustees through probate — validating the will, inventorying and valuing assets, creditor and beneficiary notice, court filings, and distribution — plus guardianship and digital-asset planning. Attorney Shanise Evans meets clients in person or virtually.
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)
- Marion County Circuit Court, official page
- Marion County Clerk and Recorder, official page
- Marion 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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