Overview
Johnson County is located in Illinois with a population of approximately 13,320. The Circuit Court of the First 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 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 mid-2025) that do not involve real estate or where real estate passes by survivorship. This allows heirs to collect assets without formal court administration.
Illinois does not have a statutory percentage fee schedule for attorneys or executors. Instead, the law allows for "reasonable compensation" based on the complexity of the estate and services rendered.
This guide provides an informational overview of the Johnson 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
Circuit Court of the First Judicial Circuit
Probate matters in Johnson County are handled at the Johnson County Courthouse.
Address: 117 N. 5th Street, Vienna, IL 62995
Phone: (618) 658-4751 (Circuit Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located in the courthouse and serves as the filing location for all probate documents. The First Judicial Circuit serves Johnson, Williamson, Saline, Pope, Massac, Pulaski, Union, Jackson, and Alexander counties.
Parking and Access
Free street parking is generally available around the courthouse square in Vienna. The building is accessible to the public during court 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 (effective 2025) and meets specific criteria, you may avoid court.
- Joint Tenancy/Survivorship: Real estate and accounts held in joint tenancy 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 of the First Judicial Circuit. Include:
- Original Will (if the decedent left one)
- Affidavit of Heirship (listing all legal heirs)
- Certified copy of the Death Certificate
- Filing fee (approximately $250–$360)
- Oath of Office and Bond (Surety bond is usually required unless waived by the will)
Illinois requires mandatory e-filing (eFileIL) for most civil cases, including probate, unless you have an exemption.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days after the Letters of Office are issued.
- Publish notice in a newspaper of general circulation in Johnson County (e.g., The Vienna Times) 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:
- Notify creditors by publication; creditors have 6 months from the first publication date to file claims.
- Inventory and appraise all estate assets within 60 days.
- Pay valid creditor claims and administrative 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
Johnson County-Specific Procedures
- E-Filing: Mandatory via eFileIL for attorneys and most self-represented litigants.
- Bond Requirements: A surety bond is typically required for administrators. Executors may have bond waived if the will specifies it, but a personal bond is still filed.
- Local Court Rules: Johnson County follows the Rules of Practice for the First Judicial Circuit.
- Publication: Notice must be published in a newspaper of general circulation in Johnson County for three consecutive weeks.
Always check with the Circuit Clerk for the most current local forms and standing orders.
Timeline & Fees
Filing Fees (Johnson County)
- Petition for Letters of Office: approximately $250–$360
- Appearance Fee (for adverse parties): approximately $180
- Certified copies of Letters: approximately $5 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Claims: approximately $50-$100 to file a claim
Illinois law allows for "reasonable compensation" for executors and attorneys; there is no statutory percentage fee schedule.
Payment Methods
The court accepts cash, certified checks, money orders, and major credit cards (convenience 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 mandatory creditor claim period is 6 months from the date of first publication, which sets a minimum duration for the process.
Local Resources
Johnson County Court Resources
- Court Website: firstcircuitil.org
- 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 — Lawyer Finder
- Land of Lincoln Legal Aid: (618) 457-7800 — Legal assistance for low-income residents
- ISBA Lawyer Referral: isba.org
Publication
- The Vienna Times: (618) 658-2411 — Newspaper of general circulation
- Southern Illinoisan: (618) 529-5454 — Regional newspaper