Overview
Edwards County is located in Illinois with a population of approximately 6,245. 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 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) that do not require formal probate.
Illinois does not have a statutory percentage for attorney or executor fees; fees must be "reasonable" based on the services performed.
This guide provides an informational overview of the Edwards 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
Edwards County Courthouse
Probate matters in Edwards County are handled at the Edwards County Courthouse.
Address: 50 E. Main St., Albion, IL 62806
Phone: (618) 445-2016 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located within the courthouse and serves as the filing location for all probate documents.
Parking and Access
Street parking is generally available around the courthouse square in Albion. The building is accessible to the public during court hours.
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 real estate is transferred via other means), 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 prior to death can transfer title 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 Probate with the Circuit Clerk. Include:
- Original Will and codicils (if any)
- Affidavit of Heirship
- Certified copy of death certificate
- Filing fee (approximately $376.00)
- Oath and Bond of Representative
E-filing is mandatory for most civil cases in Illinois, including probate, through an approved Electronic Filing Service Provider (EFSP) via 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 (or as required by statute for admission of the will).
- Publish notice in a newspaper of general circulation in Edwards County (such as the Albion Journal Register) for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. 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 to creditors and mail notice to known creditors (claims period is 6 months from first publication).
- 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
Edwards County-Specific Procedures
- E-filing: Illinois requires mandatory e-filing for civil cases. Self-represented litigants may apply for an exemption but should be prepared to e-file.
- Appearance: Self-represented litigants must file an Appearance form with the court.
- Forms: Edwards County typically accepts the standardized statewide probate forms approved by the Illinois Supreme Court.
- Publication: Notice must be published in a newspaper of general circulation in Edwards County, such as the Albion Journal Register, for three successive weeks.
Always check with the Circuit Clerk for any specific local rules or standing orders regarding probate administration.
Timeline & Fees
Filing Fees (Edwards County)
- Probate Administration (Petition): approximately $376.00
- Small Estate Affidavit: No court fee if not filed; if filed, fees vary (check with clerk).
- Certified copies of Letters: approximately $25.00 per copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Sheriff Service: Fees apply if personal service is required.
Illinois law requires attorney and executor fees to be reasonable; there is no statutory percentage schedule.
Payment Methods
The court accepts cash, certified checks, money orders, and credit/debit cards (convenience fees apply).
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2 years
The 6-month creditor claim period sets a minimum duration for formal probate.
Local Resources
Edwards County Court Resources
- Court Website: edwardscircuitclerk.com
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Approved Statewide Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — Lawyer Referral Service
- Land of Lincoln Legal Aid: (618) 398-0958 — Legal aid for qualifying low-income residents
- ISBA LawyerFinder: isba.org
Publication
- Albion Journal Register: (618) 445-2331 — Local newspaper for legal notices