Overview
Clark County is located in Illinois with a population of approximately 15,455. The Clark 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 August 2025, this option is available for estates valued at $150,000 or less (excluding the value of motor vehicles), provided no petition for letters of office has been filed.
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 Clark 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
Clark County Circuit Court
Probate matters in Clark County are handled at the Clark County Courthouse.
Address: 501 Archer Avenue, Marshall, IL 62441 (Mailing: P.O. Box 187)
Phone: (217) 826-8311 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is responsible for maintaining court records and processing filings. The probate call is typically heard by the presiding judge.
Parking and Access
Street parking is generally available around the courthouse square in Marshall. 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 (excluding vehicles) and there is no real estate involved (or real estate is held in a way that transfers automatically), you may be able to use a Small Estate Affidavit instead of formal probate.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass directly to the surviving owner.
- 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 Clark County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original will and codicils (if any)
- Affidavit of Heirship
- Certified death certificate
- Filing fee (approximately $356.00)
- Oath and Bond of Representative (Surety or No Surety)
Electronic filing (e-filing) is mandatory for civil cases in Illinois, including probate, for attorneys and self-represented litigants (unless an exemption applies).
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 Clark County (such as the Clark County Herald or Marshall Advocate) 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 done "on the papers" without a formal court appearance if all waivers and consents are filed. Once approved, the Clerk issues Letters of Office.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow for the 6-month claims period to expire.
- Inventory and appraise all estate assets.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state law.
- File a final report or accounting with the court to close the estate.
Local Requirements
Clark County-Specific Procedures
- E-filing: Illinois requires e-filing for most civil cases. You must use an approved Electronic Filing Service Provider (EFSP).
- Bond: A surety bond is typically required unless the will waives it or all heirs/legatees waive the requirement.
- Publication: Notice to creditors must be published in a local newspaper like the Clark County Herald or Marshall Advocate.
- Local Rules: Check with the Circuit Clerk for any specific local forms or standing orders required by the judge.
The Clark County Circuit Clerk's office can provide information on local filing mechanics but cannot give legal advice.
Timeline & Fees
Filing Fees (Clark County)
- Probate - Estate: $356.00
- Probate - Guardianship: $256.00
- Certified copies of Letters: approximately $8.00 ($2.00 for document + $6.00 certification)
- Publication costs: approximately $200-$400 depending on the newspaper
- Claims ($500-$10,000): $40.00
- Claims (over $10,000): $60.00
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and major credit/debit cards (service fees may apply).
Estimated Timelines
- Simple estates: 9-12 months (minimum 6 months for creditor claims)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The timeline is largely dictated by the mandatory 6-month claims period that begins after the first publication of notice.
Local Resources
Clark County Court Resources
- Court Website: clarkcountyil.org
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Approved Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Land of Lincoln Legal Aid: (618) 398-0958 — lincolnlegal.org
Publication
- Clark County Herald: (217) 826-3600 — Newspaper of general circulation in Marshall
- Marshall Advocate: (217) 826-3600 — Local newspaper for legal notices