Overview
Franklin County is located in Illinois with a population of approximately 37,033. 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 admit the will and appoint a personal representative. The court then issues Letters of Office to the representative.
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) if no personal representative has been appointed.
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 Franklin 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
Franklin County Courthouse
Probate matters in Franklin County are handled at the Franklin County Courthouse.
Address: 100 Public Square, Benton, IL 62812
Phone: (618) 435-9800 (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 division is part of the Civil Division.
Parking and Access
Public parking is available around the Public Square and on adjacent streets. Security screening is required upon entering the courthouse.
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 to transfer assets without court supervision.
- 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 Franklin County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original will and codicils (if applicable)
- Affidavit of Heirship
- Certified death certificate
- Filing fee (approximately $326)
- Oath and Bond of Representative (Surety or No Surety)
E-filing is mandatory for civil cases in Illinois, 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.
- Publish notice in a newspaper of general circulation in Franklin County (such as the Benton News) once a week for three successive weeks to notify creditors.
- File proof of mailing and publication with the court.
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 are signed. Once approved, the court issues Letters of Office.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors and allow the 6-month claim period to run.
- Inventory and appraise all estate assets.
- 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 intestacy laws.
- File a Final Report and accounting with the court to close the estate.
Local Requirements
Franklin County-Specific Procedures
- E-filing: Illinois requires e-filing for all civil cases. You must use an approved Electronic Filing Service Provider (EFSP) like Odyssey eFileIL.
- Bond: A surety bond is typically required unless the will waives it or the representative is a corporate fiduciary.
- Publication: Notice to creditors must be published in a local newspaper such as the Benton News or The Southern Illinoisan.
- Local Rules: The Second Judicial Circuit may have specific local rules regarding probate administration; check with the Circuit Clerk or local counsel.
Timeline & Fees
Filing Fees (Franklin County)
- Petition for Probate (New Case): approximately $326
- Small Estate Affidavit: No court filing fee (unless filed to contest), but recording fees may apply if real estate is involved (though the affidavit cannot transfer real estate).
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Appearance Fee: approximately $180 (for responding parties)
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and credit/debit cards (with a processing fee). E-filing fees are paid via credit card or e-check through the EFSP.
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 or more
The 6-month creditor claim period begins after the first publication of notice.
Local Resources
Franklin County Court Resources
- Court Website: franklincountyil.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: illinoiscourts.gov
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Land of Lincoln Legal Aid: (618) 457-7800 — lincolnlegal.org
Publication
- Benton News: (618) 439-3939 — franklincounty-news.com
- The Southern Illinoisan: (618) 529-5454 — thesouthern.com