Overview
Henry County is located in Illinois with a population of approximately 48,000. The Circuit Court of the 14th 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 Illinois Probate Act of 1975 (755 ILCS 5/). The process begins with filing a Petition for Letters of Office 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.
Illinois offers a Small Estate Affidavit procedure for estates valued at $150,000 or less (effective August 2025) that do not include real estate. This allows heirs to collect assets without formal court administration.
Illinois does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" based on the services performed.
This guide provides an informational overview of the Henry 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
Henry County Courthouse
Probate matters in Henry County are handled at the Henry County Courthouse.
Address: 307 W. Center Street, Cambridge, IL 61238
Phone: (309) 937-3572 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office is responsible for maintaining court records and accepting filings. The probate division is part of the Civil Division.
Parking and Access
Free street parking is generally available around the courthouse square in Cambridge. The building is accessible to persons with disabilities; check for designated entrances.
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 and contains no real estate, you may be able to use a Small Estate Affidavit instead of formal probate.
- 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 Letters of Office with the Henry County Circuit Clerk. Include:
- Petition for Letters of Office
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $284.00)
- Affidavit of Heirship
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 of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing.
- Publish notice in a newspaper of general circulation in Henry County (e.g., The Henry County Republic or Star Courier) once a week for three successive weeks.
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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (claims period is 6 months from first publication)
- 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
Henry County-Specific Procedures
- E-filing: Illinois requires e-filing for all civil cases via eFileIL.
- Local Rules: The 14th Judicial Circuit may have specific local rules regarding probate; check with the Circuit Clerk or local bar association.
- Publication: Notice must be published in a newspaper of general circulation in Henry County for three successive weeks. Common choices include The Henry County Republic and the Star Courier.
Always check with the Circuit Clerk's office for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Henry County)
- Petition for Letters of Office: approximately $284.00
- Small Estate Affidavit: No court filing fee (if not filed with court), but recording fees may apply if recorded.
- Certified copies of Letters: approximately $2.00 per page plus certification fee
- Publication costs: approximately $150-$250 depending on the newspaper
- Appearance Fee: approximately $190.00 (for responding parties)
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and credit/debit cards (service fees apply).
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 creditor claim period in Illinois is 6 months from the date of first publication, which sets a minimum duration for the process.
Local Resources
Henry County Court Resources
- Court Website: henrycty.com
- Probate Self-Help: illinoiscourts.gov
- Illinois Probate Forms: illinoiscourts.gov/forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Prairie State Legal Services: (309) 794-1328 — pslegal.org
Publication
- The Henry County Republic: (309) 932-2050
- Star Courier: (309) 852-4000