Overview
Fulton County is located in Illinois with a population of approximately 32,510. The Circuit Court of the Ninth 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 (for testate estates) or a Petition for Letters of Administration (for intestate estates) 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 is available for estates valued at $150,000 or less that do not include real estate (unless the real estate passes by survivorship or transfer on death instrument).
Illinois does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate. Instead, the law allows for "reasonable compensation" based on the complexity of the work performed.
This guide provides an informational overview of the Fulton 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
Fulton County Courthouse
Probate matters in Fulton County are handled at the Fulton County Courthouse.
Address: 100 N. Main St., Lewistown, IL 61542
Phone: (309) 547-3041 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located in the courthouse and manages all probate filings. The Ninth Judicial Circuit serves Fulton, Hancock, Henderson, Knox, McDonough, and Warren counties.
Parking and Access
Street parking is generally available around the courthouse square in Lewistown. Visitors should be prepared for security screening upon entering the building.
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, you may be able to use a Small Estate Affidavit to transfer assets without court supervision.
- Transfer on Death Instrument (TODI): Real estate may bypass probate if a TODI was recorded prior to death.
- 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 Court of the Ninth Judicial Circuit. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee ($306)
- Affidavit of Heirship
- Oath and Bond of Representative (Surety bond required unless waived by will)
E-filing is mandatory for civil cases in Illinois through approved service providers (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 file waivers of notice).
- Publish notice in a newspaper of general circulation in Fulton County (such as the Canton Daily Ledger) 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. In many cases, if all documents are in order and waivers are filed, the appearance may be routine or handled administratively.
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 within 60 days.
- 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 accounting and petition for discharge to close the estate.
Local Requirements
Fulton County-Specific Procedures
- E-filing: Mandatory for all civil cases, including probate, via the eFileIL system.
- Bond requirements: A surety bond is typically required for administrators. Executors may have bond waived if specified in the will, but a personal bond is still filed.
- Local court rules: Fulton County follows the Rules of Practice of the Ninth Judicial Circuit.
- Publication: Notice must be published in a newspaper of general circulation in Fulton County, such as the Canton Daily Ledger, for three successive weeks.
Consult the Circuit Clerk's office for specific local forms or standing orders that may apply to your case.
Timeline & Fees
Filing Fees (Fulton County)
- Decedents Estate: $306
- Guardianship: $206
- Certified copies of Letters: $3.00 per certified copy
- Publication costs: approximately $200-$300 depending on the newspaper
- Letters of Office: $3.00 each
Illinois law allows for reasonable compensation for attorneys and personal representatives, subject to court approval if contested.
Payment Methods
The court accepts cash, checks, and credit/debit cards (convenience fees apply). E-filing fees are paid via credit card or e-check through the e-filing provider.
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 timeline is heavily influenced by the mandatory 6-month creditor claim period, which begins after the first publication of notice.
Local Resources
Fulton County Court Resources
- Court Website: fultoncountyil.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Standardized State Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — Attorney referral service
- Prairie State Legal Services: (309) 674-9831 — Legal aid for eligible low-income residents
- Illinois Lawyer Finder: isba.org
Publication
- Canton Daily Ledger: (309) 647-5100 — Newspaper of general circulation
- Fulton Democrat: (309) 547-2212 — Local newspaper