Overview
Mercer County is located in Illinois with a population of approximately 15,300. The Circuit Court of Mercer County 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.
Small Estate Affidavit: For estates valued at $150,000 or less (effective August 2025) that do not involve real estate, heirs may be able to use a Small Estate Affidavit to transfer assets without formal court supervision.
Statutory Fees: Illinois does not have a statutory percentage fee for attorneys or executors. Fees must be "reasonable" based on the complexity of the estate and services rendered, subject to court approval.
This guide provides an informational overview of the Mercer 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
Mercer County Courthouse
Probate matters in Mercer County are handled at the Mercer County Courthouse.
Address: 100 SE 3rd Street, Aledo, IL 61231
Phone: (309) 582-7122 (Circuit Clerk - Option 2 on automated menu)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located on the 3rd floor of the courthouse. The court is part of the 14th Judicial Circuit.
Parking and Access
Free street parking is generally available around the courthouse square in Aledo. There is also a public parking lot nearby. Visitors pass through security screening upon entering the building.
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 there is no real estate involved, you may be able to use a Small Estate Affidavit to collect assets.
- Joint Tenancy: Assets held in joint tenancy with rights of survivorship pass directly 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 Mercer 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
- Certified death certificate
- Filing fee (approximately $360)
- Oath and Bond of Representative
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.
- Publish notice in a newspaper of general circulation in Mercer County (such as the Aledo Times Record) 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. 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:
- Prepare an Inventory of estate assets
- Notify creditors and allow 6 months for claims to be filed
- Pay valid claims and estate expenses
- File federal and state tax returns as needed
- Distribute remaining assets to beneficiaries
- File a Final Report with the court to close the estate
Local Requirements
Mercer County-Specific Procedures
- E-filing: Illinois requires e-filing for most court documents via an approved Electronic Filing Service Provider (EFSP) like Odyssey eFileIL.
- Bond: A surety bond is typically required unless the will waives it. For intestate estates, a surety bond is usually required.
- Local Rules: Mercer County is part of the 14th Judicial Circuit; local rules for the circuit may apply to scheduling and motion practice.
- Publication: Notice is typically published in the Aledo Times Record.
Always check with the Circuit Clerk for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Mercer County)
- Petition for Probate: approximately $360.00
- Small Estate Affidavit: Fees vary (often lower than full probate if filed)
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $150-$300 depending on the length of the notice
- Claims: Fees apply for filing claims against an estate
Payment Methods
The Circuit Clerk 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 begins after the first publication of notice. The estate generally cannot be closed until this period expires.
Local Resources
Mercer County Court Resources
- Court Website: mercercountyil.org
- 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) 794-1328 — pslegal.org
Publication
- Aledo Times Record: (309) 582-5156 — aledotimesrecord.com