Overview
Pulaski County is located in Illinois with a population of approximately 4,900. The Pulaski 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 Probate of Will and for Letters Testamentary (if there is a will) or a Petition for Letters of Administration (if there is no 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.
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 real estate) where no formal probate petition has been filed.
Illinois does not have a statutory fee schedule for attorneys or executors; fees must be "reasonable" based on the complexity of the estate and services rendered.
This guide provides an informational overview of the Pulaski 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
Pulaski County Circuit Clerk
Probate matters in Pulaski County are handled at the Pulaski County Courthouse.
Address: 500 Illinois Ave, Mound City, IL 62963
Phone: (618) 748-9300 (Circuit Clerk's Office)
Hours: Monday through Friday, 8:00 AM to 4:00 PM (Closed 12:00 PM to 1:00 PM for lunch)
The Circuit Clerk's office is located in Room C of the courthouse. This office accepts filings, collects fees, and maintains the official records for probate cases.
Parking and Access
Free street parking is generally available around the courthouse in Mound City. 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 to transfer assets without court supervision.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically 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 Pulaski County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original will and codicils (if applicable)
- Affidavit of Heirship
- Certified death certificate
- Filing fee (approximately $300-$360)
- Oath and Bond of Representative (Surety or No Surety)
Illinois requires e-filing for most civil cases, including probate, through an approved Electronic Filing Service Provider (EFSP), though exemptions exist for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days of the admission of the will or issuance of letters.
- Publish notice in a newspaper of general circulation in Pulaski County (such as the Pulaski County Journal) 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. In many uncontested cases, this can be handled administratively or via "independent administration" which minimizes court supervision. Once approved, the clerk issues Letters of Office.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known 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 estate 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 with the court to close the estate.
Local Requirements
Pulaski County-Specific Procedures
- E-Filing: Pulaski County participates in the statewide e-filing system (eFileIL). Attorneys are required to e-file; self-represented litigants are encouraged to do so but may file in person if they qualify for an exemption.
- Judici: Pulaski County uses the Judici system for case management. You can check case status and schedules online at Judici.com.
- Local Rules: The First Judicial Circuit (which includes Pulaski) may have specific administrative orders. Check with the clerk for any judge-specific requirements regarding courtesy copies.
- Publication: Notice is typically published in the Pulaski County Journal.
Always verify the current filing fee with the Circuit Clerk before submitting documents, as fees are subject to change.
Timeline & Fees
Filing Fees (Pulaski County)
- Petition for Probate: approximately $300-$360 (Fees vary based on estate value and specific filings; verify with Clerk)
- Small Estate Affidavit: No court filing fee if not filed with the court (handled directly with asset holders); nominal fee if filed.
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Appearance Fee: approximately $180-$200 (for adverse parties filing an appearance)
Illinois does not have a statutory percentage fee for attorneys or executors; fees are based on "reasonable compensation."
Payment Methods
The court accepts cash, money orders, and cashier's checks. Credit/debit cards may be accepted for e-filing or via Judici (convenience fees apply).
Estimated Timelines
- Simple estates (Independent Administration): 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 6-month creditor claim period is the primary factor determining the minimum duration of probate.
Local Resources
Pulaski County Court Resources
- Circuit Clerk Website: pulaskicountyil.net
- Case Search (Judici): judici.com
- Illinois Standardized Forms: illinoiscourts.gov
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Land of Lincoln Legal Aid: (618) 457-7800 — Provides free legal services to eligible low-income residents in southern Illinois.
- First Judicial Circuit Info: firstcircuitil.org
Publication
- Pulaski County Journal: (618) 748-9300 — Local newspaper for legal notices.