Overview
Peoria County is located in Illinois with a population of approximately 179,630. The Peoria County Circuit Court (10th 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 Administration (if no will) or Petition for Probate of Will and for Letters Testamentary (if there is a will) 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.
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 formal court administration.
Illinois has a statutory fee structure for executors and attorneys that must be "reasonable," though some counties may have customary guidelines.
This guide provides an informational overview of the Peoria 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
Peoria County Circuit Clerk
Probate matters in Peoria County are handled at the Peoria County Courthouse.
Address: 324 Main St, Room G-22, Peoria, IL 61602
Phone: (309) 672-6000 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Circuit Clerk's office is located on the ground floor (Room G-22). The Probate Division manages wills, guardianships, and estate cases.
Parking and Access
The main public entrance is located on Jefferson Avenue. Public parking is available in nearby parking decks and metered street parking. All visitors must pass through security screening upon entry.
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/Beneficiary Designations: Assets held jointly or with named beneficiaries (like life insurance or payable-on-death accounts) generally bypass 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 a Petition for Probate with the Peoria County Circuit Clerk. Include:
- Petition for Letters of Administration or Letters Testamentary
- Original Will (if applicable)
- Affidavit of Heirship
- Certified Death Certificate
- Filing fee (approximately $360-$400)
E-filing is mandatory for civil cases in Illinois for attorneys and strongly encouraged for 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.
- Publish notice in a newspaper of general circulation in Peoria County (such as the Peoria Journal Star) once a week for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to formally appoint the representative. Once appointed, the judge issues Letters of Office, which grant the legal authority to manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be filed within 6 months of publication or 3 months of mailing notice).
- Inventory and appraise all estate assets.
- Pay valid creditor claims and estate taxes.
- Distribute remaining assets to beneficiaries according to the will or state intestacy laws.
- File a Final Report to close the estate.
Local Requirements
Peoria County-Specific Procedures
- E-filing: Illinois requires e-filing for most civil cases. You can use an approved Electronic Filing Service Provider (EFSP).
- Bond Requirements: A surety bond is typically required unless waived by the will. For intestate estates, the bond is usually 1.5x the value of the personal estate (with surety) or 2x (without surety).
- Local Rules: The 10th Judicial Circuit may have specific local rules regarding probate scheduling and forms.
- Publication: Notice is typically published in the Peoria Journal Star or The Community Word.
Always check with the Circuit Clerk for the most current local forms and procedural checklists.
Timeline & Fees
Filing Fees (Peoria County)
- Opening an Estate: approximately $360-$400 (fees subject to "Predictable Fee" schedule changes)
- Small Estate Affidavit: No court filing fee if not filed with the court (presented directly to asset holders), but a fee applies if filed.
- Certified copies of Letters: approximately $24 per copy (updated 2026 fee)
- Publication costs: approximately $150-$500 depending on the newspaper and length of notice.
Payment Methods
The court accepts cash, credit/debit cards, cashier's checks, and money orders. Credit card payments may incur a convenience 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.
Local Resources
Peoria County Court Resources
- Court Website: peoriacounty.gov/1215/Circuit-Clerk
- Probate Self-Help: illinoislegalaid.org
- Illinois Standardized Forms: illinoiscourts.gov/forms
Legal Aid and Attorney Referrals
- Peoria County Bar Association: (309) 674-6141 — Lawyer Referral Service
- Prairie State Legal Services: (309) 674-9831 — Legal Aid
- Illinois State Bar Association: isba.org
Publication
- Peoria Journal Star: (309) 686-3000 — Legal Notices Dept.
- The Community Word: (309) 676-4682