Overview
Henderson County is located in Illinois with a population of approximately 6,000. 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 755 ILCS 5/ (Probate Act of 1975). The process begins with filing a Petition for Probate of Will and for Letters Testamentary (or Petition for Letters of Administration) 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 (excluding vehicles registered in Illinois) with no real estate, heirs may use a Small Estate Affidavit to transfer assets without formal court probate. This threshold was increased from $100,000 effective August 2025.
Fees: Illinois does not set statutory percentage fees for attorneys or executors. Instead, fees must be "reasonable" based on the size of the estate, complexity of work, and time spent.
This guide provides an informational overview of the Henderson 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
Henderson County Courthouse
Probate matters in Henderson County are handled at the Henderson County Courthouse.
Address: 307 Warren St., Oquawka, IL 61469
Phone: (309) 867-3121 (Circuit Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located in the main courthouse building and accepts filings for probate matters.
Parking and Access
Free street parking is generally available around the courthouse square. The building is accessible to the public during business hours.
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 (excluding IL-registered vehicles) and contains no real estate, you may be able to skip court.
- Joint Tenancy / Transfer on Death: Assets held jointly or with named beneficiaries (TOD/POD) pass directly to the survivor.
- 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. Include:
- Petition for Probate of Will and for Letters Testamentary (or Administration)
- Original will and codicils (if any)
- Certified copy of Death Certificate
- Filing fee (typically $250-$400; verify exact amount with Clerk)
- Affidavit of Heirship
- Oath and Bond of Representative (Surety bond required unless waived by Will)
E-Filing: E-filing is mandatory for attorneys in Illinois civil cases (eFileIL). Self-represented litigants are encouraged to e-file but may be able to file in person.
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).
- Publish notice in a newspaper of general circulation in Henderson County (e.g., Henderson County Quill) for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. 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 for claims (creditors have 6 months from first publication to file claims)
- 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
Henderson County-Specific Procedures
- E-filing: Mandatory for attorneys via the state's eFileIL system.
- Bond requirements: A surety bond is typically required for administrators (intestate) or if the will does not waive it. The bond amount is usually 1.5x the value of personal property (if surety) or 2x (if individual sureties).
- Appearance: Self-represented litigants must file an Appearance form and pay the appearance fee.
- Publication: Notice must be published in a newspaper of general circulation in Henderson County for three successive weeks.
Always check with the Circuit Clerk for the most up-to-date local rules and fee schedules.
Timeline & Fees
Filing Fees (Henderson County)
Note: Fees are subject to change. Contact the Clerk for the 2026 schedule.
- Opening an Estate: approximately $250-$400
- Claims: approximately $50
- Certified copies of Letters: approximately $5-$10 per certified copy
- Publication costs: approximately $200-$400 depending on the newspaper
- Appearance Fee: approximately $190 (for respondents/heirs filing an appearance)
Illinois does not have a statutory percentage fee for attorneys or executors; fees are based on "reasonable compensation."
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: 2 years+
The creditor claim period in Illinois is 6 months from the date of first publication, which sets a minimum duration for the probate process.
Local Resources
Henderson County Court Resources
- Court Website: illinoiscourts.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 — LawyerFinder
- Prairie State Legal Services: (309) 343-4022 — Legal Aid
- ISBA Lawyer Referral: isba.org
Publication
- Henderson County Quill: (309) 924-1721 — Stronghurst, IL
- The Oquawka Current: (309) 867-2031 — Oquawka, IL