Overview
Marshall County is located in Illinois with a population of approximately 11,600. The Circuit Court of the 10th 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 Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, Illinois offers a Small Estate Affidavit procedure. As of 2026, this is available for estates with personal property valued at $150,000 or less, provided no real estate is involved (or it is transferred by other means) and no formal probate petition has been filed.
Illinois does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate. Instead, fees must be "reasonable" based on the complexity of the work, time spent, and results achieved.
This guide provides an informational overview of the Marshall 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
Marshall County Courthouse
Probate matters in Marshall County are handled at the Marshall County Courthouse.
Address: 122 N. Prairie St., Lacon, IL 61540
Phone: (309) 246-6435 (Circuit Clerk)
Hours: Contact the Circuit Clerk's office for current hours of operation.
The Circuit Clerk's office is responsible for maintaining court records and processing filings. It is typically located on the main floor of the courthouse.
Parking and Access
Street parking is generally available around the courthouse square in Lacon. The building is accessible to the public during business hours, with security screening required at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property is valued at $150,000 or less and there is no real estate involved, 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 Marshall 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 $276)
- Oath and Bond of Representative (with surety or without, depending on the will)
Illinois requires mandatory e-filing for civil cases, including probate, for attorneys and most self-represented litigants, unless an exemption applies.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 30 days before the hearing (or as required by statute).
- Publish notice in a newspaper of general circulation in Marshall County (such as the Lacon Home Journal or Henry News-Republican) once a week for three successive weeks to notify creditors.
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, granting the representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow for the 6-month claim period to pass.
- Inventory and appraise all estate assets.
- 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 intestacy laws.
- File a final accounting and petition for discharge to close the estate.
Local Requirements
Marshall County-Specific Procedures
- E-filing: Marshall County participates in the statewide e-filing system (eFileIL). Most filings must be submitted electronically.
- Bond requirements: A surety bond is typically required unless the will waives it. For intestate estates, a bond is almost always required.
- Local court rules: The 10th Judicial Circuit may have specific local rules regarding scheduling and document formatting. Check with the Circuit Clerk for specific judge's standing orders.
- Publication: Notice must be published in a newspaper of general circulation in Marshall County for three successive weeks.
Always check with the Circuit Clerk's office for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Marshall County)
- Probate Petition: approximately $276
- Small Estate Affidavit: No court filing fee if handled out of court; nominal recording fee if recorded.
- Certified copies of Letters: approximately $5-$10 per certified copy
- Publication costs: approximately $150-$300 depending on the newspaper
- Claims: Fees vary for filing claims against an estate.
Note: Fees are subject to change. Check the current fee schedule on the Marshall County Circuit Clerk's website.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (often with a processing fee). E-filing fees are paid via credit card or e-check through the e-filing service provider.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months (minimum 6 months for creditor claims).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to 2 years or more.
The timeline is heavily influenced by the mandatory 6-month creditor claim period, which begins after the first publication of notice.
Local Resources
Marshall County Court Resources
- Court Website: marshallcountyillinois.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Prairie State Legal Services: (309) 674-9831 — Provides legal aid to eligible residents in the region.
Publication
- Lacon Home Journal: (309) 246-2865 — Newspaper of general circulation.
- Henry News-Republican: (309) 364-2211 — Newspaper of general circulation.