Where do I file for probate in Massac County?

File with the Massac County Circuit Clerk at the Massac County Courthouse, 1 Superman Square, Metropolis, IL 62960. E-filing is generally required.

How much does probate cost in Massac County?

Filing fees are approximately $250-$350. Publication costs add another $150-$300. Attorney fees vary by case complexity.

Can I avoid probate in Massac County with a small estate?

Yes, if the estate is valued at $150,000 or less and contains no real estate, you may use an Illinois Small Estate Affidavit to transfer assets without court administration.

How long does probate take in Massac County?

The process typically takes at least 9 months. There is a mandatory 6-month claims period for creditors after notice is published.

Do I need an attorney for probate in Massac County?

While not strictly required by law for individuals, probate is complex. Corporate executors must be represented by counsel. Hiring an attorney is highly recommended to navigate the First Judicial Circuit rules.

Massac County Probate Guide: Courts, Fees & Process (2026)

Overview

Massac County is located in Illinois with a population of approximately 14,000. 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 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 (Letters Testamentary or Letters of Administration).

For smaller estates, Illinois offers a Small Estate Affidavit procedure for estates valued at $150,000 or less (effective August 2025) that do not involve real estate. This allows heirs to collect assets without full 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 Massac 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

Massac County Courthouse

Probate matters in Massac County are handled at the Massac County Courthouse.

Address: 1 Superman Square, Metropolis, IL 62960

Phone: (618) 524-9359 (Circuit Clerk)

Hours: Monday through Friday, 8:00 AM to 4:00 PM

The Circuit Clerk's office is responsible for maintaining court records and accepting filings. The probate call is typically heard by the presiding circuit judge.

Parking and Access

Street parking is generally available around the courthouse square in Metropolis. The courthouse is located in the heart of downtown Metropolis, near the Superman statue.

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 involvement.
Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically to the surviving owner.
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:

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 $250-$350)
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 issuance of Letters of Office.
Publish notice in a newspaper of general circulation in Massac County (such as the Metropolis Planet) once a week for three successive weeks to notify creditors.

Step 4: Attend the Hearing

The court may schedule a hearing to formally admit the will and appoint the representative. In many uncontested cases, this can be done "on the papers" or via a brief appearance. Once approved, the clerk issues Letters of Office.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Publish notice for creditors (claims period is 6 months from first publication)
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 report and account with the court to close the estate

Local Requirements

Massac County-Specific Procedures

E-filing: Illinois courts require e-filing for most civil documents. Use an approved Electronic Filing Service Provider (EFSP).
Local Rules: Massac County is part of the First Judicial Circuit. Local rules may dictate specific scheduling practices or form requirements.
Publication: Notice to creditors must be published in a local newspaper like the Metropolis Planet.
Bond: A surety bond is typically required unless the will waives it or all heirs agree to waive it (for intestate estates).

Always check with the Massac County Circuit Clerk for the most up-to-date local procedures.

Timeline & Fees

Filing Fees (Massac County)

Probate Petition: approximately $250-$350 (fees vary slightly by year and specific case type)
Small Estate Affidavit: No court filing fee if used without opening a case (affidavit is presented directly to asset holders)
Certified copies of Letters: approximately $5-$10 per copy
Publication costs: approximately $150-$300 depending on the newspaper
Appearance Fee: Required for any interested party wishing to participate/object (approx. $100-$200)

Payment Methods

The Circuit Clerk typically accepts cash, checks, money orders, and credit/debit cards (with a processing fee).

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

Massac County Court Resources

Court Website: https://firstcircuitil.org/circuit-courts/massac-county/
Probate Self-Help: https://www.illinoiscourts.gov/self-help/
Illinois Probate Forms: https://www.illinoiscourts.gov/documents-and-forms/approved-forms/

Legal Aid and Attorney Referrals

Illinois State Bar Association: (800) 252-8908 — https://www.isba.org/public/illinoislawyerfinder
Land of Lincoln Legal Aid: (618) 457-7800 or toll-free (877) 342-7891 — Provides legal assistance to eligible low-income residents in southern Illinois.

Publication

Metropolis Planet: (618) 524-2141 — Newspaper of general circulation in Massac County.

Probate in Massac County, Illinois: 2026 Guide