Overview
Montgomery County is located in Illinois with a population of approximately 28,000. The Montgomery 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 Letters of Office 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) without the need for formal court administration.
Illinois does not have a statutory percentage fee for attorneys or executors. Instead, fees must be "reasonable" based on the complexity of the estate and services rendered.
This guide provides an informational overview of the Montgomery 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
Montgomery County Circuit Court
Probate matters in Montgomery County are handled at the Montgomery County Courthouse.
Address: 120 North Main Street, Room 125, Hillsboro, IL 62049
Phone: (217) 532-9540 (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. Probate hearings are typically heard in the main courthouse building.
Parking and Access
Street parking is generally available around the courthouse square in Hillsboro. 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 includes no real estate, you may be able to use a Small Estate Affidavit instead of formal probate.
- Joint Tenancy/Survivorship: 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 Letters of Office with the Montgomery County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $356)
- Affidavit of Heirship
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 of the hearing to all heirs, beneficiaries, and interested parties at least 30 days before the hearing (or as required by current statute).
- Publish notice in a newspaper of general circulation in Montgomery County (such as The Journal-News) 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 of Office (Testamentary or Administration), granting the representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the 6-month claim period to run from the date of 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 petition for discharge to close the estate.
Local Requirements
Montgomery County-Specific Procedures
- E-filing: Illinois requires e-filing for most civil cases. You must use an approved Electronic Filing Service Provider (EFSP).
- Local Rules: The Fourth Judicial Circuit rules apply to Montgomery County.
- Publication: Notice is typically published in The Journal-News (Hillsboro) or another newspaper of general circulation within the county.
- Bond: A surety bond is generally required unless waived by the will or by the court.
Always check with the Circuit Clerk for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Montgomery County)
- Petition for Letters of Office: approximately $356.00
- Small Estate Affidavit: No court filing fee (document is presented to third parties), but a certified copy of the will (if any) may need to be filed.
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $200-$300 depending on the newspaper
- Appearance Fee: approximately $180 (for responding parties)
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and credit/debit cards (subject to convenience fees).
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 mandatory 6-month creditor claim period which begins after the first publication of notice.
Local Resources
Montgomery County Court Resources
- Court Website: montgomerycountyil.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
- Land of Lincoln Legal Aid: (618) 398-0958 — lincolnlegal.org
Publication
- The Journal-News: (217) 532-3933 — Newspaper of record for Hillsboro and Montgomery County.