Overview
Greene County is located in Illinois with a population of approximately 11,843. The Greene 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 real estate), provided no petition for letters of office has been filed.
Illinois does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be "reasonable" based on the services performed.
This guide provides an informational overview of the Greene 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
Greene County Circuit Court
Probate matters in Greene County are handled at the Greene County Courthouse.
Address: 519 N Main St, Carrollton, IL 62016
Phone: (217) 942-3421 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located on the first floor of the courthouse.
Parking and Access
Street parking is generally available around the courthouse square in Carrollton. 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 estate is valued at $150,000 or less (personal property only) and includes no real estate, you may be able to use a Small Estate Affidavit to transfer assets without court supervision.
- Joint Tenancy & Beneficiary Designations: Assets held in joint tenancy or with direct beneficiary designations (like life insurance or payable-on-death accounts) pass directly to the co-owner or beneficiary.
- 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 Greene County Circuit Court. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original will and codicils (if any)
- Affidavit of Heirship
- Copy of the death certificate
- Filing fee (approximately $350-$375)
- Oath and Bond of Representative (Surety or No Surety)
Illinois mandates e-filing for all civil cases, 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 to creditors in a newspaper of general circulation in Greene County (such as the Greene Prairie Press) once a week for three successive weeks.
- 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 handled administratively or via "independent administration" which minimizes court supervision.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims may be filed within 6 months from the date of first publication)
- 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 intestacy laws
- File a final report and close the estate
Local Requirements
Greene County-Specific Procedures
- E-Filing: Greene County requires e-filing for civil cases through an approved Electronic Filing Service Provider (EFSP) like Odyssey eFileIL.
- Bond: A bond is typically required for the personal representative. If the will waives surety, a "personal" bond without surety is usually sufficient. If there is no will, a surety bond (insurance policy) is often required unless all heirs waive it.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as the Greene Prairie Press.
- Local Rules: The 7th Judicial Circuit rules may apply to specific procedural steps.
Always check with the Circuit Clerk for the most current local forms and requirements.
Timeline & Fees
Filing Fees (Greene County)
- Probate Petition (Estate): approximately $350-$375
- Small Estate Affidavit: No court filing fee (unless filed with the court, which is optional but sometimes required for real estate issues, though the affidavit is primarily an out-of-court instrument)
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Claims: Fees vary for filing claims against an estate (typically $50-$100)
Note: Fees are subject to change. Contact the Circuit Clerk at (217) 942-3421 for the exact current schedule.
Payment Methods
The court accepts cash, checks, money orders, and major credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates (Independent Administration): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The mandatory creditor claim period in Illinois is 6 months from the date of first publication, meaning an estate generally cannot be closed before this period expires.
Local Resources
Greene County Court Resources
- Court Website: greenecountyil.org
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Standardized Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Land of Lincoln Legal Aid: (618) 462-0029 — lincolnlegal.org
Publication
- Greene Prairie Press: (217) 942-9100 — Newspaper of general circulation in Carrollton