Overview
Cass County is located in Illinois with a population of approximately 12,700. The Cass County 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 (if there is a will) or a Petition for Letters of Administration (if there is no will) 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.
For smaller estates, Illinois offers a Small Estate Affidavit procedure. As of 2026, this is available for estates valued at $150,000 or less (excluding real estate, which must be transferred separately or require formal probate if not held in joint tenancy or a trust).
Illinois does not have a statutory percentage fee for attorneys or executors. Fees must be "reasonable" based on the complexity of the estate, time spent, and results achieved.
This guide provides an informational overview of the Cass 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
Cass County Circuit Court
Probate matters in Cass County are handled at the Cass County Courthouse.
Address: 100 E. Springfield St., Virginia, IL 62691
Phone: (217) 452-7225 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The courthouse is a historic building located in the county seat of Virginia, Illinois. The Circuit Clerk's office is responsible for maintaining court records and accepting filings.
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 personal estate is valued at $150,000 or less and there is no real estate involved (or it is held in a way that transfers automatically), you may be able to avoid court by using a Small Estate Affidavit.
- Joint Tenancy/Beneficiary Designations: Assets held in joint tenancy or with named beneficiaries (like life insurance or payable-on-death accounts) bypass 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 Probate with the Cass County Circuit Court. Include:
- Petition for Probate of Will (or Letters of Administration)
- Original Will and codicils (if applicable)
- Certified Copy of Death Certificate
- Filing fee (approximately $250–$360)
- Affidavit of Heirship
- Oath and Bond of Representative
Note: E-filing is mandatory for attorneys in Illinois civil cases. Self-represented litigants are encouraged to e-file but may be able to file in person at the Clerk's office.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days of the order admitting the will or appointing the representative.
- Publish notice in a newspaper of general circulation in Cass County (such as the Cass County Star-Gazette) for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If the petition is in order and the will is proven (if applicable), the judge will sign the order appointing the representative and the Clerk will issue Letters of Office.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice for claims (creditors have 6 months from the date of first publication to file claims).
- Inventory and appraise all estate assets within 60 days.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state law.
- File a final report and account with the court to close the estate.
Local Requirements
Cass County-Specific Procedures
- E-filing: Cass County utilizes the statewide e-filing system (eFileIL). Attorneys must file electronically.
- Bond: A surety bond is typically required for administrators, or executors if the will does not waive it. The amount is usually 1.5x the value of the personal estate (if a surety company is used) or 2x (if individual sureties are used).
- Publication: Notice to creditors must be published in a local newspaper like the Cass County Star-Gazette.
- Local Rules: The 8th Judicial Circuit rules apply. Always check with the Circuit Clerk for specific local forms or standing orders.
Timeline & Fees
Filing Fees (Cass County)
- Petition for Probate: approximately $250–$360
- Claims: approximately $50
- Certified copies of Letters: approximately $2.00 for the first page + $0.50 per additional page (plus certification fee)
- Publication costs: approximately $200–$250 depending on the newspaper
- Appearance Fee: approximately $100–$190 (for responding parties)
Payment Methods
The court accepts cash, money orders, cashier's checks, and credit cards (subject to a convenience fee). Personal checks may not be accepted from pro se litigants.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years+
The 6-month creditor claim period sets the minimum duration for most formal probate cases.
Local Resources
Cass County Court Resources
- Court Website: co.cass.il.us
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Standardized Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — Lawyer Finder
- Land of Lincoln Legal Aid: (217) 529-8400 — Provides legal assistance to eligible low-income residents
- ISBA Lawyer Referral: isba.org
Publication
- Cass County Star-Gazette: (217) 323-3040 — Beardstown, IL
- Journal-Courier: (217) 245-6121 — Jacksonville, IL (serves region)