Overview
Perry County is located in Illinois with a population of approximately 20,300. The Circuit Court of the 24th 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.
Small Estate Affidavit: For estates valued at $150,000 or less (excluding vehicles registered in Illinois), heirs may be able to use a Small Estate Affidavit to transfer assets without formal court administration. This threshold was increased from $100,000 effective August 2025.
Statutory Fees: Illinois does not have a mandatory statutory fee schedule for attorneys or executors based on a percentage of the estate. Fees must be "reasonable" based on the complexity of the work and are subject to court approval.
This guide provides an informational overview of the Perry 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
Perry County Courthouse
Probate matters in Perry County are handled at the Perry County Courthouse.
Address: 1 Public Square, Pinckneyville, IL 62274
Phone: (618) 357-6726 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located on the second floor. The 24th Judicial Circuit serves Perry, Randolph, Monroe, and Washington counties.
Parking and Access
Public parking is available around the courthouse square in Pinckneyville. Security screening is required 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 (excluding Illinois-registered vehicles) and there is no real estate involved (or real estate is transferred via other means), you may be able to use a Small Estate Affidavit.
- Joint Tenancy/Beneficiary Designations: Assets held jointly or with named beneficiaries (POD/TOD) 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 Letters of Office with the Perry County Circuit Clerk. You must generally e-file documents in Illinois. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original Will and codicils (if applicable)
- Affidavit of Heirship
- Oath and Bond of Representative (Surety or No Surety)
- Proposed Order Appointing Representative
- Filing fee
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 Perry County (e.g., The Perry County Herald or Du Quoin Call) once a week for three successive weeks to notify creditors.
- Notify creditors: Mail actual notice to known 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 manage estate assets.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Prepare an Inventory of estate assets (often filed within 60 days).
- Pay valid claims (the creditor claim period is generally 6 months from the date of first publication).
- File income tax returns (final individual and estate fiduciary returns).
- Distribute remaining assets to beneficiaries/heirs.
- File a Final Report and account with the court to close the estate and discharge the representative.
Local Requirements
Perry County-Specific Procedures
- E-Filing: Illinois mandates e-filing for civil cases, including probate, through approved service providers (e.g., Odyssey eFileIL). Exemption waivers are available for self-represented litigants who lack internet access.
- Bond: A surety bond is typically required unless the will waives it or a corporate fiduciary is appointed.
- Local Rules: Perry County is part of the 24th Judicial Circuit; local rules may dictate specific forms for the inventory or final accounting.
- Publication: Notice is typically published in The Perry County Herald or Du Quoin Call.
Always check with the Circuit Clerk for the most current local forms and procedural checklists.
Timeline & Fees
Filing Fees (Perry County)
Fees are subject to change. Check with the Circuit Clerk for the latest schedule.
- Full Administration (With Will): approximately $225.00
- Full Administration (Without Will): approximately $200.00
- Release of Administration: approximately $125.00
- Claims: approximately $25.00
- Certified Copies: approximately $2.00 - $10.00 per document
- Publication Costs: approximately $150 - $300 (paid directly to the newspaper)
Payment Methods
The Circuit Clerk typically accepts cash, checks, money orders, and credit/debit cards (with a processing fee). E-filing fees are paid via credit card or e-check through the e-filing provider.
Estimated Timelines
- Simple estates: 9-12 months (minimum 6-month creditor claim period).
- Average estates: 12-18 months.
- Complex or contested estates: 18 months to 2+ years.
The 6-month claim period after publication is the primary factor determining the minimum duration.
Local Resources
Perry County Court Resources
- Circuit Clerk Website: perrycountyil.gov/circuit-clerk
- Probate Self-Help: Illinois Legal Aid Online
- State Probate Forms: Illinois Courts Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org/public/illinoislawyerfinder
- Land of Lincoln Legal Aid: (618) 398-0958 — Provides legal assistance to eligible low-income residents in Southern Illinois.
Publication
- The Perry County Herald: (618) 357-2131 — Pinckneyville
- Du Quoin Call: (618) 542-2133 — Du Quoin