Overview
Mason County is located in Illinois with a population of approximately 13,000. The Circuit Court of the 8th 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 August 2025, this option is available for estates valued at $150,000 or less (excluding real estate), provided no formal probate petition has been filed.
Illinois law provides for reasonable compensation for attorneys and personal representatives. Fees are typically based on the complexity of the estate rather than a strict percentage, though local practices may vary.
This guide provides an informational overview of the Mason 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
Mason County Courthouse
Probate matters in Mason County are handled at the Mason County Courthouse.
Address: 125 N. Plum Street, Havana, IL 62644-0077
Phone: (309) 543-6619 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Circuit Clerk's office is located within the courthouse and accepts filings for probate matters. The 8th Judicial Circuit serves Mason County along with several neighboring counties.
Parking and Access
Street parking is generally available around the courthouse square in Havana. The building is accessible to the public during business hours.
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 the appropriate petition with the Mason County Circuit Clerk. Include:
- Petition for Probate: (Form for Will or Administration)
- Original Will: If the decedent left a will, the original must be filed.
- Affidavit of Heirship: Listing the decedent's heirs.
- Filing Fee: Approximately $356.00 (fees vary, check with Clerk).
- Oath and Bond: For the representative (surety bond may be required unless waived in the will).
E-filing is mandatory for civil cases in Illinois, including probate, for attorneys and increasingly for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days of the issuance of Letters.
- Publish notice to creditors in a newspaper of general circulation in Mason County (e.g., Mason County Democrat) once a week for three successive weeks.
- File proof of mailing and publication with the court.
Step 4: Attend the Hearing
The court may schedule a hearing to formally admit the will and appoint the representative. Once approved, the Clerk issues Letters of Office, which grant the authority to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: The claims period is generally 6 months from the date of first publication.
- Inventory assets: Prepare an inventory of estate assets.
- Pay debts: Pay valid claims and administrative expenses.
- Distribute assets: Distribute remaining assets to beneficiaries/heirs.
- Close the estate: File a final report and accounting with the court to close the estate and discharge the representative.
Local Requirements
Mason County-Specific Procedures
- E-filing: Illinois mandates e-filing for most civil cases. Self-represented litigants may be exempt under certain circumstances but should check with the Circuit Clerk.
- Bond: A surety bond is typically required for administrators (intestate) unless all heirs waive it. Executors (testate) may have bond waived by the will.
- Publication: Notice is typically published in the Mason County Democrat.
- Local Rules: Mason County is part of the 8th Judicial Circuit; local rules for the circuit may apply to probate scheduling and forms.
Timeline & Fees
Filing Fees (Mason County)
- Probate Petition: approximately $356.00
- Small Estate Affidavit: generally no court filing fee if not filed with court, but recording fees may apply if real estate is involved (though the affidavit is for personal property).
- Certified Copies: approximately $5-$10 per copy
- Publication Costs: approximately $150-$250 depending on the newspaper
Note: Fees are subject to change. Contact the Circuit Clerk at (309) 543-6619 for the most current fee schedule.
Payment Methods
The Circuit Clerk typically accepts cash, checks, money orders, and major credit cards (service fees may 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 or more.
The timeline is largely dictated by the 6-month creditor claim period which begins after the first publication of notice.
Local Resources
Mason County Court Resources
- Circuit Clerk Website: masoncountyil.gov/circuit-clerk
- Illinois Standardized Forms: illinoiscourts.gov/forms
- Probate Act: ilga.gov
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Prairie State Legal Services (Peoria Office): (309) 674-9831 — pslegal.org
Publication
- Mason County Democrat: (309) 543-2222 — Newspaper of general circulation in Havana.