What to Do When Someone Dies in Washington County, Illinois

How probate works in Washington County: the Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Washington County Circuit Court

Washington County · 24th Judicial Circuit

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

125 East Elm Street, Nashville, IL 62263

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 statewide forms suites, including the fee waiver, appearance and proof of delivery forms.

Self-help center

  • Main floor of the Judicial CenterThe legal self-help center on the main floor has a computer with internet access and a scanner, which also serves as the e-filing station, and circuit clerk staff help litigants on request and make copies. The law library on the same floor has a computer with Westlaw access and a printer.

Verified October 16, 2026 · Source

How Probate Works in Washington 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 Washington County, probate runs through the Circuit Court at 125 East Elm Street, Nashville. The court sits in the 24th Judicial Circuit. The same 24th Judicial Circuit also serves Monroe, Perry and Randolph.

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 Washington County

What probate costs in Washington 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 125 East Elm Street, Nashville. The court is part of the 24th 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 Washington County, Illinois are filed at the Circuit Court. The court sits in the 24th Judicial Circuit.

The legal self-help center on the main floor has a computer with internet access and a scanner, which also serves as the e-filing station, and circuit clerk staff help litigants on request and make copies. The law library on the same floor has a computer with Westlaw access and a printer.

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 Washington County Self-Filing Assessment.

Washington County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Before You File

A petition to admit a will attaches a copy of the will, with a typewritten copy of a handwritten will and a certified translation of a will in another language.

A handwritten will is filed with a typewritten copy and an affidavit that the copy is correct, and a will in another language with an English copy certified by a qualified translator (Twenty-Fourth Circuit Rule 11-2).

Source

Document Requirements

Heirship proved by affidavit names every heir and states there are no others, and a proposed Order Declaring Heirship is filed with it.

The affidavit covers the surviving spouse and prior marriages, every child and descendant, any civil union, unknown heirs and the search made for them, and traces each heir's relationship to the decedent; the representative files a separate proposed Order Declaring Heirship with the clerk at the same time (Twenty-Fourth Circuit Rule 11-3).

Source

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 Washington County

In Illinois a death is registered locally, and in Washington County certified copies of the death certificate are issued by Washington County Clerk's Office as well as by Illinois Department of Public Health - Division of Vital Records.

Vital Records Office Record

County Clerk

Washington County · Washington County Clerk's Office

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

101 East St. Louis Street, Nashville, IL 62263

Certified copies

At the counter

Fees

Certified copy fees

First certified copy$19
Each additional copy ordered at the same time$9

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Washington County · Washington County Coroner

Office

224 South Washington Street, Nashville, IL 62263

Verified November 2, 2026 · Source

Transferring Property in Washington 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 Washington County are recorded with the County Clerk and Recorder at 101 East St. Louis Street, Nashville, IL 62263. Phone: 1-618-327-4800. Hours: Monday-Friday 8:00 AM-4:00 PM.

The County Clerk and Recorder charges $78 flat, regardless of page count.

Washington County accepts electronic recording through CSC, ePN, Simplifile and Hopdox.

Recording Office Record

County Clerk and Recorder

Washington County

Hours

Monday-Friday 8:00 AM-4:00 PM

Office

101 East St. Louis Street, Nashville, IL 62263

Fees

Recording fees

Flat fee (any length)$78
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

55 ILCS 5/3-5018.2; Washington County Clerk & Recorder Fee Schedule (effective March 11, 2025)

Verified October 16, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Washington 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 Washington 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.

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.

Since 1939Serves 5 countiesEstate PlanningTrust AdministrationProbateProbate LitigationElder Law+4

Carbondale firm serving Jackson County and the southern Illinois region since 1949. Handles probate and estate settlement — filing probate paperwork, resolving the decedent’s debts, distributing assets under the will, and guiding executors through the process — alongside testamentary trusts for minor beneficiaries.

Since 1949Serves 20 countiesEstate PlanningProbateElder LawConservatorshipGuardianshipWills Trusts

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.

Since 1938Serves 7 countiesFree consultationEstate PlanningTrust AdministrationProbateTax PlanningConservatorship+2

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.

Since 1928Serves the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationConservatorship+2

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.

Serves the whole stateEstate PlanningProbateProbate LitigationTax PlanningSpecial Needs Planning+2

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.

Solo PracticeServes the whole stateFree consultationVirtual consultationsEstate PlanningTrust AdministrationProbateConservatorshipGuardianship+2

See all 13 firms serving Washington County →

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)·

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

Hire an Illinois Probate Attorney

Browse vetted Illinois attorneys handling probate matters.

Browse firms

All Illinois tools