What to Do When Someone Dies in McDonough County, Illinois
Probate in McDonough County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in McDonough County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Circuit Court
McDonough County · 9th Judicial Circuit
Address
#1 Courthouse SqMacomb, IL 61455
Phone
Fax
309-833-4493
Hours
Monday - Friday, 8:00 AM - 4:00 PM
Paper filing availableE-filing required for attorneys
Clerk: Ian Fischer. Part of 9th Judicial Circuit.
Verified June 2, 2026 · Source
How Probate Works in McDonough 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 McDonough County, probate runs through the Circuit Court at #1 Courthouse Sq, Macomb. The court sits in the 9th 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 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified Jun 19, 2026View source to 14 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified Jun 19, 2026View source to move through this process. The 6 months755 ILCS 5/18-3Verified Jun 19, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in McDonough County
What probate costs in McDonough 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 #1 Courthouse Sq, Macomb. The court is part of the 9th Judicial Circuit.
Illinois charges $479705 ILCS 105/27.1b(a)(2) (P.A. 103-0605 eff. 7/1/2024); 705 ILCS 105/27.3fVerified Jun 19, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
E-filing is mandatory for attorneys filing at the Circuit Court (https://efile.illinoiscourts.gov/). Self-represented filers can request a paper-filing exemption.
Estimate the costs for this estate:
Attorney fees in Illinois are negotiated, typically 2%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of estate value, based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Illinois requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%755 ILCS 5/12-2Verified Jun 19, 2026View source of estate value annually.
Probate in Illinois typically runs 9 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified Jun 19, 2026View source to 14 months755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified Jun 19, 2026View source, and costs accrue throughout. The 6 months755 ILCS 5/18-3Verified Jun 19, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Circuit Court
If you're handling probate yourself in McDonough County, Illinois, you can file at the Circuit Court in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms. The court sits in the 9th Judicial Circuit.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in McDonough County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
For a full cost comparison and filing checklist, see the McDonough County Self-Filing Assessment.
What to Bring
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in McDonough County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the County Clerk & Recorder.
Recording Office Record
County Clerk & Recorder
McDonough County · County Clerk & Recorder · Jeremy Benson
Address
#1 Courthouse SquareMacomb, IL 61455
Phone
Hours
Mon-Fri 8:00am-4:00pm
E-recording
Not available
Recording fees
| Base recording fee | $50 |
Illinois recording fees are NOT uniform statewide. Total fees for a standard document range from approximately $50 to $99 depending on the county. Fees include a base recording fee plus county-specific surcharges for GIS, automation, document storage, and the Rental Housing Support Program (RHSP, $18 per real estate document). Contact the specific county recorder for the current total fee. Documents must meet "standard document" formatting requirements per 55 ILCS 5/3-5018.1 or may incur a non-standard surcharge.
55 ILCS 5/3-5018; 55 ILCS 5/3-5018.1 through 5/3-5018.10
Transfer tax
$0.50 per $500 of value or fraction thereof (35 ILCS 200/31-10) State; Some counties and municipalities impose additional transfer taxes (e.g., Cook County $0.25 per $500; City of Chicago $3.75 per $500 for seller, $7.50 per $500 for buyer). local. Transfer-on-death deeds are generally exempt (No consideration exchanged at recording. TOD instruments are revocable instruments recorded during the owner's lifetime with no transfer of interest until death (755 ILCS 27/).). Illinois real estate transfer tax applies only to transfers for consideration. Exemptions listed in 35 ILCS 200/31-45.
County Clerk serves as ex officio recorder.
Verified June 3, 2026 · Source
Probate Attorneys Serving McDonough County
Illinois uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in McDonough County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Illinois are based on reasonable compensation — typically 2%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source to 4%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Jun 19, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a McDonough 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.
Central Illinois (Springfield Area) Firms
Bougher, Krisher & Clark, Attorneys at Law, P.C.
FirmFull-service general practice law firm in Macomb, Illinois, with an emphasis on estate planning, probate, farm estates, real estate, and elder law, serving McDonough County and surrounding communities.
Location
32 West Side SquareMacomb, IL 61455
Phone
(309) 833-1702
Service Area
4 counties
Estate PlanningProbate AdministrationWills TrustsAgricultural LawElder Law
Visit site
McMillan, Hennenfent & DeJoode
FirmSince 1979, McMillan, Hennenfent & DeJoode (formerly McMillan, Hennenfent, DeJoode & Humbert) has served farm families and local businesses in Macomb and western Illinois with estate planning, estate tax planning, trust administration, probate, and real estate transactions.
Location
402 E Jackson StreetMacomb, IL 61455
Phone
(309) 837-2904
Established
1979
Service Area
5 counties
Estate PlanningProbate AdministrationWills TrustsTax PlanningAgricultural Law
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The Law Firm of Capps, Ancelet, Icenogle & Wallace
FirmGeneral-practice firm based in Carthage, the Hancock County seat, providing estate planning, wills, trusts, powers of attorney, and probate services to western Illinois. The firm traces its roots to Wilbur D. Capps, who began practicing in 1941.
Location
55 S. Adams StreetCarthage, IL 62321
Phone
(217) 357-2107
Service Area
5 counties
Estate PlanningWills TrustsProbate AdministrationReal EstateAgricultural LawFamily LawBusiness Law
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Gates, Wise & Schlosser, P.C.
FirmSpringfield law firm with 190+ years combined legal experience providing estate planning, trusts, wills, and probate services.
Location
1231 S. 8th StreetSpringfield, IL 62703
Phone
(217) 522-9010
Established
1997
Estate PlanningWills TrustsProbate Administration
Visit site
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
- 705 ILCS 105/27.1b(a)(2) (P.A. 103-0605 eff. 7/1/2024); 705 ILCS 105/27.3f
- 755 ILCS 5/12-2
- 755 ILCS 5/18-3
- 755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)
- 755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)
- 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)
Data sourced from Illinois statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Circuit Court in McDonough County, attaching the original will (if any), the death certificate, and the filing fee ($479). Once the court issues letters, the personal representative can act.
Total probate costs usually run 3–8% of the estate value. For McDonough County, that means filing fees ($479 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Circuit Court in McDonough County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Illinois self-filing assessment scores whether this estate can be handled without one.
A simple Illinois probate typically closes in 6–9 months; average estates run 9–14 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of McDonough County probate.
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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