Overview
Alexander County is located in Illinois with a population of approximately 4,594. The Circuit Court of Alexander County handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Illinois probate is governed by 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 Testamentary for testate estates or Letters of Administration for intestate estates.
Illinois offers a Small Estate Affidavit for estates valued at $150,000 or less (effective Aug 2025) that do not include real estate. This allows heirs to collect assets without formal court administration.
Illinois does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" based on the complexity of the estate and services rendered.
This guide provides an informational overview of the Alexander 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
Alexander County Courthouse
Probate matters in Alexander County are handled at the Alexander County Courthouse.
Address: 2000 Washington Ave, Cairo, IL 62914
Phone: (618) 734-0108 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM
The Circuit Clerk's office is located in the main courthouse building. This office accepts filings and maintains probate records.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $150,000 or less (effective Aug 2025) and contains no real estate, you may be able to use a Small Estate Affidavit to transfer assets without court supervision.
- Transfer on Death Instrument (TODI): For real estate, a TODI recorded before death transfers title directly to beneficiaries without probate.
- 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 Letters of Office with the Circuit Court of Alexander County. Include:
- Petition for Probate of Will (if applicable) or Letters of Administration
- Original Will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $250-$350)
- Affidavit of Heirship
E-filing is mandatory for civil cases in Illinois, including probate, through an approved EFSP (e.g., Odyssey eFileIL).
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing
- Publish notice in a newspaper of general circulation in Alexander County (e.g., The Cairo Citizen) once a week for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 30 days after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice for claims (initiating the 6-month creditor claim period)
- Inventory and appraise all estate assets within 60 days
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Alexander County-Specific Procedures
- E-Filing: Mandatory via eFileIL for all probate documents.
- Bond: A surety bond is generally required for personal representatives unless waived by the will or by the court in specific circumstances.
- First Judicial Circuit Rules: Alexander County follows the uniform rules for the First Judicial Circuit of Illinois.
- Publication: Notice must be published in a newspaper of general circulation in Alexander County for three consecutive weeks.
Always check with the Circuit Clerk for any unwritten local practices regarding scheduling or courtesy copies.
Timeline & Fees
Filing Fees (Alexander County)
- Opening Estate: approximately $250-$350
- Small Estate Affidavit: approximately $50-$100 (if filed)
- Certified copies of Letters: approximately $5-$10 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Appearance fee: approximately $180 (for responding parties, if applicable)
Illinois law provides for "reasonable compensation" for attorneys and executors, rather than a fixed percentage.
Payment Methods
The court accepts cash, certified checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months
- Average estates: 12-15 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period is a primary factor affecting the minimum duration of probate.
Local Resources
Alexander County Court Resources
- Court Website: alexandercounty.illinois.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Standardized Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — Lawyer Finder
- Land of Lincoln Legal Aid: (618) 457-7800 — Legal assistance for qualifying low-income residents
- ISBA Lawyer Finder: isba.org
Publication
- The Cairo Citizen: (618) 734-4242 — Local newspaper for legal notices
- Southern Illinoisan: (618) 529-5454 — Regional newspaper