Overview
Logan County is located in Illinois with a population of approximately 28,000. The Circuit Court of the 11th 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 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 of Office to the representative.
For smaller estates, Illinois offers a Small Estate Affidavit procedure. As of 2026, this is available for estates valued at $150,000 or less (excluding real estate) without the need for formal court administration.
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 Logan 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
Logan County Courthouse
Probate matters in Logan County are handled at the Logan County Courthouse.
Address: 601 Broadway St, Lincoln, IL 62656
Phone: (217) 735-2376 (Circuit Clerk)
Hours: Monday through Friday, 8:30 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
There is street parking available around the courthouse square. A public parking lot is also located behind the courthouse. 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 to transfer assets without court supervision.
- 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 Probate with the Logan 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 (approximately $356)
- Oath and Bond of Representative (Surety or No Surety)
E-filing is mandatory for civil cases in Illinois, 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 admission of the will or issuance of letters.
- Publish notice in a newspaper of general circulation in Logan County (such as the Lincoln Courier) once a week for three successive weeks to notify creditors.
- Notify known creditors directly by mail.
Step 4: Attend the Hearing
The court may schedule a hearing to formally admit the will and appoint the representative. In many cases, if the petition is proper and waivers are filed, this can be done without a formal court appearance, but procedures vary by judge. Once approved, the Clerk issues Letters of Office.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Prepare an Inventory of estate assets
- Pay valid creditor claims (the claim period is generally 6 months from the date of first publication)
- File federal and state income tax returns; file Illinois estate tax return if the estate exceeds the $4 million threshold
- Distribute assets to beneficiaries/heirs
- File a Final Report and receipts of distribution to close the estate
Local Requirements
Logan County-Specific Procedures
- E-filing: Illinois requires e-filing for most civil cases. Use an approved Electronic Filing Service Provider (EFSP).
- Local Rules: Logan County is part of the 11th Judicial Circuit. Review the 11th Judicial Circuit Rules for specific procedural requirements.
- Bond: A bond is required for all personal representatives. If the will waives surety, a "personal" bond is sufficient; otherwise, a surety bond (insurance) is usually required.
- Publication: Notice is typically published in the Lincoln Courier.
Always check with the Circuit Clerk for the most current local forms and standing orders.
Timeline & Fees
Filing Fees (Logan County)
- Petition for Probate: approximately $356
- Small Estate Affidavit: No court filing fee (unless filed with the court, which is optional but rare)
- 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 (approx. $15-$50 depending on claim amount)
Note: Fees are subject to change. Check the Logan County Circuit Clerk's fee schedule.
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and credit/debit cards (service fees apply).
Estimated Timelines
- Simple estates: 9-12 months (minimum 6 months for creditor claims)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period begins after the first publication of notice. The estate generally cannot be closed until this period expires.
Local Resources
Logan County Court Resources
- Court Website: logancountyil.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Court Forms: illinoiscourts.gov
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Land of Lincoln Legal Aid: (217) 529-8400 — Provides legal assistance to eligible low-income residents.
Publication
- Lincoln Courier: (217) 732-2101 — Newspaper of general circulation for probate notices.