Where do I file for probate in McDonough County?

Probate petitions are filed with the McDonough County Circuit Clerk at the Courthouse, #1 Courthouse Square, Macomb, IL 61455. E-filing is generally required.

How much does probate cost in McDonough County?

Filing fees to open an estate are typically between $300 and $400. Additional costs include publication fees ($150-$300) and attorney fees.

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

Yes, if the estate is valued at $150,000 or less and contains no real estate, you may be able to use a Small Estate Affidavit instead of formal probate.

How long does probate take in McDonough County?

The process takes a minimum of 6 months due to the creditor claim period. Most simple estates are settled within 9 to 12 months.

Do I need an attorney for probate in McDonough County?

While not strictly required by law for individuals, probate is complex, and judges often strongly recommend hiring an attorney. Corporations (like bank executors) must be represented by counsel.

Where do I publish the probate notice?

Notice is typically published in *The McDonough County Voice*, which is a newspaper of general circulation in the county.

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

Overview

McDonough County is located in Illinois with a population of approximately 26,000. The McDonough County Circuit Court 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). The court then issues Letters of Office to the personal representative.

For smaller estates, Illinois offers a Small Estate Affidavit procedure. As of 2026, this option is generally available for estates valued at $150,000 or less (excluding real estate) that do not require formal court administration.

Illinois law provides for reasonable compensation for attorneys and personal representatives. There is no statutory percentage fee; fees must be reasonable based on the services performed.

This guide provides an informational overview of the McDonough 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

McDonough County Circuit Clerk

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

Address: #1 Courthouse Square, Macomb, IL 61455

Phone: (309) 837-4889 (Circuit Clerk)

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

The Circuit Clerk's office is located within the historic courthouse in downtown Macomb. The probate division manages filings for wills, estates, and guardianships.

Parking and Access

Public parking is available around the Courthouse Square and on adjacent streets. Visitors should check for posted time limits. The building is accessible to persons with disabilities; look for designated entrances or call ahead for specific accessibility instructions.

Filing Process

Step 1: Determine If Probate Is Necessary

Before filing, assess whether formal probate is required:

Small Estate Affidavit: Available if the personal estate is valued at $150,000 or less and includes no real estate. This allows heirs to collect assets without opening a court case.
Joint Tenancy & Beneficiary Designations: Assets held jointly or with named beneficiaries (like life insurance or payable-on-death accounts) pass directly to the survivor outside of probate.
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 McDonough County Circuit Clerk. Include:

Petition for Probate: (Will & Letters Testamentary OR Letters of Administration)
Original Will: If the decedent left a will, it must be filed with the clerk.
Affidavit of Heirship: Detailing the decedent's family tree.
Filing Fee: Approximately $300–$400 (verify exact amount with the clerk).
Oath and Bond: The representative must take an oath and, unless waived by the will, post a bond.

E-filing is mandatory for civil cases in Illinois, including probate, for attorneys and most 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 of Office.
Publish notice in a newspaper of general circulation in McDonough County (such as The McDonough County Voice) 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" without a formal appearance, but you should check local procedures. Once appointed, the clerk issues Letters of Office.

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors: The claims period remains open for 6 months from the date of first publication.
Inventory assets: Prepare an inventory of estate assets.
Pay debts and taxes: Settle valid claims and file necessary income or estate tax returns.
Distribute assets: After the claims period expires and debts are paid, distribute remaining assets to beneficiaries.
Close the estate: File a final report and accounting with the court to be discharged.

Local Requirements

McDonough County-Specific Procedures

E-Filing: Illinois requires e-filing for most court documents. You must use an approved Electronic Filing Service Provider (EFSP).
Local Forms: While Illinois Standardized Forms are accepted, the Ninth Judicial Circuit may have specific local rules or preferences. Check with the Circuit Clerk.
Publication: Notice to creditors is typically published in The McDonough County Voice.
Bond: A surety bond is usually required unless the will explicitly waives it, or if it is an intestate estate, a bond (often with surety) is required to protect creditors and heirs.

Always consult the Ninth Judicial Circuit rules for specific procedural nuances.

Timeline & Fees

Filing Fees (McDonough County)

Opening an Estate: Approximately $300–$400 (Fees vary by estate value and type; contact the Circuit Clerk for the current fee schedule).
Small Estate Affidavit: Generally no court filing fee if handled out of court; nominal recording fee if filed.
Certified Copies: Approximately $5–$10 per copy.
Publication Costs: Approximately $150–$300, payable directly to the newspaper.

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.

The 6-month creditor claim period is a mandatory statutory minimum that prevents the estate from closing earlier.

Local Resources

McDonough County Court Resources

Circuit Clerk Website: http://mcg.mcdonough.il.us/circuitclerk.html
Illinois Standardized Forms: https://www.illinoiscourts.gov/documents-and-forms/approved-forms
Probate Self-Help: https://www.illinoislegalaid.org/legal-information/wills-and-estates

Legal Aid and Attorney Referrals

Illinois State Bar Association: (800) 252-8908 — https://www.isba.org/public/illinoislawyerfinder
Prairie State Legal Services: (309) 343-2141 — Provides legal aid to eligible low-income residents in the area.

Publication

The McDonough County Voice: (309) 833-2114 — https://www.mcdonoughvoice.com/

Probate in McDonough County, Illinois: 2026 Guide