Overview
Moultrie County is located in Illinois with a population of approximately 14,526. The Circuit Court of the Sixth 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 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 2026, this is available for estates valued at $150,000 or less (excluding vehicles), provided no petition for letters of office has been filed.
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 Moultrie 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
Moultrie County Courthouse
Probate matters in Moultrie County are handled at the Moultrie County Courthouse.
Address: 10 S. Main St., Suite 7, Sullivan, IL 61951
Phone: (217) 728-4622 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Clerk's office is located in Suite 7. The courtrooms are typically located on the upper floors.
Parking and Access
Street parking is generally available around the courthouse square in downtown Sullivan. 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 (excluding vehicles) and no real estate is involved (or it is transferred otherwise), you may be able to use a Small Estate Affidavit instead of court probate.
- Joint Tenancy & Beneficiaries: Assets held in joint tenancy or with designated beneficiaries (like life insurance or payable-on-death accounts) pass directly to the survivor.
- 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 Moultrie 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
- Filing fee (approximately $276)
- 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 order admitting the will or appointing the representative.
- Publish notice in a newspaper of general circulation in Moultrie County (such as the Moultrie County News Progress) 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 Circuit Clerk issues Letters of Office, which grant the authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors and allow the 6-month claim period to run.
- Inventory and appraise all estate assets.
- Pay valid creditor 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
Moultrie County-Specific Procedures
- E-filing: Illinois requires e-filing for most court documents via an approved Electronic Filing Service Provider (EFSP).
- Local Rules: Moultrie County is part of the Sixth Judicial Circuit. Local rules may dictate specific scheduling or form requirements.
- Publication: Notice is typically published in the Moultrie County News Progress.
- Bond: A surety bond is usually required unless the will waives it, though a personal bond (no surety) may be allowed in some cases.
Timeline & Fees
Filing Fees (Moultrie County)
- Administration of Estate (Petition): approximately $276
- Entry of Appearance: approximately $201
- Certified copies of Letters: approximately $2-$5 per copy (varies)
- Publication costs: approximately $150-$300 depending on the newspaper
- Recording Fees: $76 (standard document recording)
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and major credit/debit cards (service fees may apply).
Estimated Timelines
- Simple estates: 6-12 months (minimum 6 months for claims period)
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period begins after the first publication of notice, which sets the minimum duration for the estate to remain open.
Local Resources
Moultrie County Court Resources
- Court Website: moultriecountyil.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Standardized Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: isba.org
- Land of Lincoln Legal Aid: (217) 423-0516 — Provides legal assistance to eligible low-income residents.
Publication
- Moultrie County News Progress: (217) 728-7381 — newsprogress.com