Overview
Madison County, part of the Third Judicial Circuit, is located in southwestern Illinois across the Mississippi River from St. Louis, Missouri. It is the eighth-most populous county in the state and includes the communities of Edwardsville, Granite City, Alton, Collinsville, and Glen Carbon. The Circuit Court of Madison County handles probate matters at the Madison County Courthouse in Edwardsville.
Madison County was one of the early adopters of the Odyssey eFileIL electronic filing system in Illinois, along with Cook, DuPage, St. Clair, and Will Counties. This means the county has well-established electronic filing procedures for probate matters.
Most estates in Madison County proceed under independent administration, which allows the estate representative to manage routine matters without prior court approval. For smaller estates, the small estate affidavit option is available when personal property is valued at $100,000 or less (increasing to $150,000 for decedents dying on or after August 15, 2025) and no real estate is involved.
The standard 6-month claims period applies following publication of notice to creditors. The representative must publish notice in a newspaper of general circulation in Madison County once a week for three consecutive weeks.
Note: This guide provides general informational guidance and is not legal advice. Consult with a qualified attorney for advice specific to your situation.
Courthouse Information
Madison County Probate Court Location
Probate matters are handled at the Madison County Courthouse in Edwardsville.
- Address: 155 N. Main Street, Edwardsville, IL 62025
- Phone (Circuit Clerk): (618) 692-6240
- Phone (General): (618) 692-6200
- Hours: Monday - Friday, 8:30 AM - 4:30 PM
The courthouse is located in downtown Edwardsville on Main Street. Parking is available in nearby municipal lots. The courthouse is accessible from I-55, I-255, and IL-157.
E-Filing
Madison County was one of the pilot sites for Illinois's Odyssey eFileIL system. All probate filings must be submitted electronically, with limited exceptions for original wills.
Filing Process
How to File a Probate Case in Madison County
Step 1: Choose the Type of Administration
- Independent Administration: Most common; representative can act without prior court approval for routine matters
- Supervised Administration: Court oversight required for all estate actions
- Small Estate Affidavit: For personal property valued at $100,000 or less (no real estate)
Step 2: Prepare Required Documents
- Petition for Probate of Will and Issuance of Letters (or Petition for Letters of Administration)
- Original will and codicils (if testate)
- Certified death certificate
- Proposed order
- Oath and Bond (or bond waiver)
- Notice of filing
Step 3: File Electronically Through eFileIL
All probate documents must be e-filed through the Odyssey eFileIL system. Original wills must be filed in person at the Circuit Clerk's office.
Step 4: Attend the Court Hearing
The court will schedule a hearing on the petition. The petitioner or attorney must appear before the assigned judge.
Step 5: Publish Notice to Creditors
After receiving Letters of Office, publish notice in a newspaper of general circulation in Madison County once a week for three consecutive weeks.
Step 6: Administer the Estate
File an inventory within 60 days, manage the 6-month claims period, pay debts, file returns, and distribute assets to beneficiaries.
Local Requirements
Madison County Local Probate Requirements
- Mandatory E-Filing: All probate filings must be submitted through the Odyssey eFileIL system. Original wills are filed in person only.
- Pilot County: Madison County was one of five pilot sites for the Illinois e-filing system and has well-established electronic filing procedures.
- Inventory: Must be filed within 60 days of the representative's appointment.
- Claims Period: 6 months from the first publication of notice to creditors.
- Bond: May be waived per the will's terms. Otherwise, the court sets the appropriate bond amount.
- Real Property: Orders affecting real property must be recorded with the Madison County Recorder of Deeds.
- Probate Forms: The Circuit Clerk's office provides forms and instructions on their website.
- Estate Tax: Illinois estate tax applies to estates exceeding approximately $4 million in gross value.
Timeline & Fees
Filing Fees
| Fee Type | Amount |
|---|---|
| Probate Case Filing | Approximately $300 - $400 |
| Certified Copies | Varies; contact Clerk's office |
Contact the Madison County Circuit Clerk at (618) 692-6240 for the most current fee schedule.
Typical Timelines
- Simple Estate (Independent Administration): Approximately 9 to 12 months
- Complex Estate (Supervised or Contested): 12 to 24+ months
- Small Estate Affidavit: Typically 30 to 60 days after the mandatory waiting period
These are estimates. Actual timelines vary based on estate complexity and court scheduling.
Local Resources
Madison County Probate Resources
- Madison County Circuit Clerk — Probate — Filing information and local procedures
- Madison County Circuit Clerk — Forms — Downloadable forms and instructions
- Madison County E-Filing Information — E-filing instructions and resources
- eFileIL — Illinois Electronic Filing — Statewide e-filing portal
- Madison County Bar Association — Lawyer referral services
- Illinois Legal Aid Online — Free legal information and self-help resources