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.
What to Do When Someone Dies in Montgomery County, Illinois
How probate works in Montgomery County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Montgomery County Circuit Court
Montgomery County · 4th Judicial Circuit
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
120 North Main Street, Room 125, Hillsboro, IL 62049
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 standard forms, Illinois Legal Aid Online and the Small Estate Affidavit. Clerk staff cannot give legal advice.
Accepted payment
- At the counterPersonal checks drawn on banks outside Montgomery County are not accepted.
Fax
1-217-532-2142
About the court
- The clerk's office is on the first floor of the Courts Complex, just north of the historic courthouse.
Verified October 16, 2026 · Source
How Probate Works in Montgomery 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 Montgomery County, probate runs through the Circuit Court at 120 North Main Street, Room 125, Hillsboro. The court sits in the 4th 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 Montgomery County
What probate costs in Montgomery 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 120 North Main Street, Room 125, Hillsboro. 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 Montgomery County, Illinois are filed at the Circuit Court. The court sits in the 4th 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 Montgomery County Self-Filing Assessment.
Montgomery 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 Montgomery County
In Illinois a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by Montgomery County Clerk & Recorder as well as by Illinois Department of Public Health - Division of Vital Records.
Vital Records Office Record
County Clerk
Montgomery County · Montgomery County Clerk & Recorder
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
1 Courthouse Square, Hillsboro, IL 62049
Website
Certified copies
At the counter
Order online
P.O. Box 595
Hillsboro, IL 62049
Fax
1-217-532-9581
Local rule
- The Clerk holds death records from 1877 for people who died in Montgomery County or who lived there at the time of death. A completed Death Record Request Form and proof of identity are required, and a payment is not refunded when no record is found.
Certified copy fees
| First certified copy | $23 |
| Each additional copy ordered at the same time | $10 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Coroner
Montgomery County · Montgomery County Coroner
Phone
Office
120 North Main Street, Hillsboro, IL 62049
Website
Cremation authorization
Signed by this office
Verified November 2, 2026 · Source
Transferring Property in Montgomery 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 Montgomery County are recorded with the County Clerk and Recorder at 1 Courthouse Square, Hillsboro, IL 62049. Phone: 1-217-532-9530. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 595, Hillsboro, IL 62049.
The County Clerk and Recorder charges $88 flat, regardless of page count.
Montgomery County accepts electronic recording through CSC, ePN, Hopdox and Simplifile.
Recording Office Record
County Clerk and Recorder
Montgomery County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
1 Courthouse Square, Hillsboro, IL 62049
Website
E-recording
available via CSC, ePN, Hopdox and Simplifile
P.O. Box 595
Hillsboro, IL 62049
Fax
1-217-532-9581
Recording fees
| Flat fee (any length) | $88 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; Montgomery County Recording Fee Sheet (effective January 1, 2025)
Verified October 16, 2026 · Source
Forms that put a death on the title
- Free forms: Affidavit of Death Form
Probate Attorneys Serving Montgomery 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 Montgomery 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.
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.
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.
Serves Champaign and McLean counties from offices in Champaign and Bloomington. Its estate and trust group handles estate administration and probate alongside estate and charitable gift planning, with eight attorneys in the practice, two of them at the Bloomington office.
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; Montgomery County Recording Fee Sheet (effective January 1, 2025)
- Montgomery County Circuit Court, official page
- Montgomery County Clerk and Recorder, official page
- Montgomery 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.
Get the Answer
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