Overview
Crawford County is located in Illinois with a population of approximately 18,388. The Circuit Court of the Second Judicial Circuit 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 appoint a personal representative. The court then issues Letters of Office authorizing the representative to act.
Small Estate Affidavit: For estates valued at $150,000 or less (effective August 2025) that do not involve 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 percentage fee for attorneys or executors. Fees must be "reasonable" based on the complexity of the estate and services rendered, subject to court approval.
This guide provides an informational overview of the Crawford 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
Crawford County Courthouse
Probate matters in Crawford County are handled at the Crawford County Courthouse.
Address: 100 S. Douglas Street, Robinson, IL 62454
Mailing Address: P.O. Box 655, Robinson, IL 62454
Phone: (618) 544-3512 (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 accepting filings. The probate call is typically heard by the presiding Circuit Judge.
Parking and Access
Street parking is generally available around the courthouse square in Robinson. 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 includes no real estate, you may be able to use a Small Estate Affidavit (755 ILCS 5/25-1) 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 the appropriate petition with the Crawford County Circuit Clerk. Include:
- Petition for Probate: (Will & Letters Testamentary OR Letters of Administration)
- Original Will: If the decedent left a will, the original must be filed.
- Affidavit of Heirship: Detailing the decedent's family tree.
- Filing Fee: Approximately $300-$360 (verify exact amount with Clerk).
- Oath and Bond: The representative must sign an oath; a surety bond may be required unless waived by the will.
Note: Illinois requires mandatory e-filing for civil cases, including probate, for attorneys and most self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days of the issuance of Letters of Office.
- Publish notice to creditors in a newspaper of general circulation in Crawford County (e.g., Robinson Daily News) once a week for three successive weeks.
- File proof of mailing and publication with the court.
Step 4: Administer the Estate
After receiving Letters of Office, the personal representative must:
- Inventory: Prepare an inventory of estate assets.
- Claims: Review and pay valid creditor claims. The claims period is generally 6 months from the date of first publication.
- Taxes: File final income tax returns and estate tax returns if applicable.
- Distribute: Distribute remaining assets to beneficiaries/heirs according to the will or state intestacy laws.
Step 5: Close the Estate
Once administration is complete, file a Final Report with the court. If all interested parties consent, the estate may be closed more quickly. The court will then discharge the representative and close the case.
Local Requirements
Crawford County-Specific Procedures
- E-Filing: Crawford County participates in the Illinois statewide e-filing system (eFileIL). Paper filings are generally not accepted from attorneys.
- Publication: Notice is typically published in the Robinson Daily News.
- Bond: A surety bond is usually required for intestate estates (no will). If there is a will, it often waives the surety requirement, but a personal bond is still needed.
- Local Rules: The Second Judicial Circuit rules apply. Always check with the Circuit Clerk for specific local forms or standing orders.
Timeline & Fees
Filing Fees (Crawford County)
- Probate Petition: Approximately $300-$360 (Fees vary by case type; contact Clerk for current schedule).
- Small Estate Affidavit: Generally a lower fee or no court filing fee if not filed with the court (though recording fees may apply if real estate is involved in other contexts, but Small Estate Affidavits cannot transfer real estate).
- Certified Copies: Approximately $5-$10 per copy.
- Publication Costs: Approximately $150-$250 depending on the newspaper and length of notice.
Payment Methods
The Circuit Clerk typically accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
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 6-month creditor claim period is a mandatory statutory minimum waiting period before the estate can be fully closed.
Local Resources
Crawford County Court Resources
- Circuit Clerk Website: crawfordcountyil.org
- Illinois Standardized Forms: illinoiscourts.gov
- Probate Act: ilga.gov
Legal Aid and Attorney Referrals
- Illinois Legal Aid Online: illinoislegalaid.org
- Illinois State Bar Association: isba.org
Publication
- Robinson Daily News: (618) 544-3151 — suncommercial.com