Overview
Hancock County is located in Illinois with a population of approximately 17,600. The Hancock 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 Letters of Administration (if there is no will) or a Petition for Probate of Will and for Letters Testamentary (if there is a 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.
Small Estate Affidavit: For estates valued at $150,000 or less (effective August 2025) that do not include real estate, heirs may be able to use a Small Estate Affidavit to transfer assets without formal court probate.
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.
This guide provides an informational overview of the Hancock 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
Hancock County Circuit Court
Probate matters in Hancock County are handled at the Hancock County Courthouse.
Address: 500 Main St, Carthage, IL 62321
Phone: (217) 357-2616 (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 courthouse is located in the county seat of Carthage.
Parking and Access
Street parking is generally available around the courthouse square in Carthage. 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 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 & Beneficiary Designations: Assets held in joint tenancy or with named beneficiaries (like life insurance or payable-on-death accounts) pass directly to the survivor/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 Letters of Office with the Hancock County Circuit Clerk. 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 (contact the Circuit Clerk for the current amount, typically $250-$350)
- Oath and Bond of Representative (with or without surety)
Electronic filing (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 admission of the will or issuance of letters.
- Publish notice in a newspaper of general circulation in Hancock County (such as the Hancock County Journal-Pilot) once a week for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to formally appoint the representative. If the petition is in order and uncontested, the judge will issue Letters of Office, which grant the representative authority to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 6 months for claims to be filed.
- Inventory and appraise all estate assets.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute remaining assets to beneficiaries according to the will or state intestacy laws.
- File a final report with the court to close the estate and discharge the representative.
Local Requirements
Hancock County-Specific Procedures
- E-filing: Illinois requires e-filing for most civil cases. You will likely need to use an approved Electronic Filing Service Provider (EFSP) like Odyssey eFileIL.
- Local Forms: While Hancock County may accept standard Illinois statewide probate forms, it is best to check with the Circuit Clerk for any specific local cover sheets or requirements.
- Bond: A surety bond is typically required unless the will waives it or a corporate representative is appointed.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as the Hancock County Journal-Pilot.
Always verify specific local rules with the Hancock County Circuit Clerk's office before filing.
Timeline & Fees
Filing Fees (Hancock County)
Note: Fees are subject to change. Contact the Circuit Clerk at (217) 357-2616 for the exact current schedule.
- Petition for Letters of Office: approximately $250 - $350
- Small Estate Affidavit: typically a small recording fee (approx. $91 for recording, if applicable) or filing fee if filed with the court.
- Certified copies of Letters: approximately $5 - $10 per copy
- Publication costs: approximately $150 - $300 depending on the newspaper
Payment Methods
The Circuit Clerk typically accepts cash, checks, money orders, and credit/debit cards (often with a convenience fee).
Estimated Timelines
- Simple estates: 9-12 months (minimum 6-month creditor claim period)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The timeline is largely dictated by the mandatory 6-month claims period for creditors, which begins after the first publication of notice.
Local Resources
Hancock County Court Resources
- Circuit Clerk Website: hancockcounty-il.gov/circuit-clerk/
- Illinois Standardized Forms: illinoiscourts.gov/documents-and-forms/approved-forms
- Probate Act: ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2104
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Prairie State Legal Services: (309) 343-2141 — pslegal.org (Serving western Illinois)
Publication
- Hancock County Journal-Pilot: (217) 357-2131 — Newspaper of general circulation in Carthage.