Overview
Adams County is located in Illinois with a population of approximately 64,109. The Eighth Judicial Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Illinois probate is governed by the Probate Act of 1975 (755 ILCS 5/). The process begins with filing a Petition for Probate of Will and for Letters Testamentary (or Petition for Letters of Administration) to admit the will and appoint a personal representative. The court then issues Letters of Office (Letters Testamentary or Letters of Administration).
Small Estate Affidavit: For estates valued at $150,000 or less (effective for decedents dying on or after August 15, 2025) that do not include real estate, heirs may be able to use a Small Estate Affidavit to transfer assets without formal court administration.
Statutory Fees: Illinois does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate. Fees must be "reasonable" based on the services rendered and are subject to court approval.
This guide provides an informational overview of the Adams County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Adams County Courthouse
Probate matters in Adams County are handled at the Adams County Courthouse.
Address: 521 Vermont Street, Quincy, IL 62301
Phone: (217) 277-2100 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM (verify with court)
The Circuit Clerk's office is located on the main floor. The Eighth Judicial Circuit serves Adams, Brown, Calhoun, Cass, Mason, Menard, Pike, and Schuyler counties, but filings for Adams County residents should be made in Quincy.
Parking and Access
Street parking is available around the courthouse square (Vermont, 5th, and 6th Streets). There are also public parking lots nearby. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the personal estate is valued at $150,000 or less and there is no real estate, you may be able to use a Small Estate Affidavit (755 ILCS 5/25-1).
- Joint Tenancy/Transfer on Death: Assets held in joint tenancy or with designated beneficiaries (TOD/POD) pass directly to the survivor.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Adams County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original Will (if applicable)
- Affidavit of Heirship
- Oath and Bond of Representative (Surety bond may be required unless waived by the will)
- Filing fee (approx. $356.00)
Note: Illinois requires mandatory e-filing for civil cases, including probate, through an approved Electronic Filing Service Provider (EFSP) like Odyssey eFileIL.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days of the issuance of Letters.
- Publish notice in a newspaper of general circulation in Adams County (e.g., Quincy Herald-Whig) once a week for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to formally admit the will and appoint the representative. In many uncontested cases, this can be handled administratively or via "independent administration" which requires fewer court appearances.
Step 5: Administer the Estate
After receiving Letters of Office, the personal representative must:
- Notify creditors: The claim period is 6 months from the date of first publication.
- Inventory: Prepare an inventory of estate assets within 60 days.
- Pay valid claims: Debts and administrative expenses must be paid from estate assets.
- Distribute assets: After the claims period expires and debts are paid, distribute remaining assets to beneficiaries.
- Close the estate: File a final report and accounting with the court to be discharged.
Local Requirements
Adams County-Specific Procedures
- E-Filing: Adams County mandates e-filing for all civil case types. Pro se litigants may use public terminals at the courthouse or apply for an exemption.
- Local Forms: While Illinois Standardized Forms are accepted, the Adams County Circuit Clerk may have specific local cover sheets or preferences. Check the "Forms" section of the county website.
- Publication: Notice is typically published in the Quincy Herald-Whig or Liberty Bee-Times.
- Bond: Even if the will waives bond, the court may still require a personal bond (without surety). If there is no will, a surety bond is usually required.
Timeline & Fees
Filing Fees (Adams County)
- Probate (Decedents' Estates): approximately $356.00
- Guardianship (Minor/Disabled): approximately $256.00
- Small Estate Affidavit: No court filing fee (unless filed with the court for specific reasons, then fees apply)
- Certified Copies: approximately $2.00 - $5.00 per copy
- Publication costs: approximately $150 - $300 depending on the newspaper
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and credit/debit cards (service fees apply). E-filing fees are paid via credit card or e-check through the EFSP.
Estimated Timelines
- Simple estates (Independent Administration): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period is the primary factor determining the minimum duration of probate.
Local Resources
Adams County Court Resources
- Court Website: adamscountyil.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Standardized Forms: illinoiscourts.gov
Legal Aid and Attorney Referrals
- Adams County Bar Association: Local attorney listings
- Land of Lincoln Legal Aid: (217) 529-8400 — Legal assistance for low-income residents
- Illinois State Bar Lawyer Finder: isba.org
Publication
- Quincy Herald-Whig: (217) 223-5100 — whig.com
- Liberty Bee-Times: (217) 645-3611