Overview
Putnam County is located in Illinois with a population of approximately 5,637. The Putnam 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 Petition for Letters of Administration (if there is no will) to admit the will and appoint a personal representative. The court then issues Letters of Office to the representative.
Illinois offers a Small Estate Affidavit procedure for estates valued at $150,000 or less (effective August 2025) that do not include real estate. This allows heirs to collect assets without formal court administration.
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 work performed.
This guide provides an informational overview of the Putnam 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
Putnam County Circuit Court
Probate matters in Putnam County are handled at the Putnam County Courthouse.
Address: 120 N. 4th Street, Hennepin, IL 61327
Phone: (815) 925-7016 (Circuit Clerk)
Hours: Monday through Friday, 9:00 AM to 4:00 PM
The Circuit Clerk's office is responsible for maintaining court records and processing filings. Putnam County is part of the 10th Judicial Circuit of Illinois.
Parking and Access
Street parking is generally available around the courthouse in Hennepin. Visitors should be prepared for 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 & Beneficiary Designations: Assets held in joint tenancy or with named beneficiaries (like life insurance or payable-on-death accounts) pass directly to the survivor/beneficiary.
- 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 Putnam 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
- Filing fee (contact the Clerk for the current amount, typically $250-$350)
- Oath and Bond of Representative
Note: 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 admission of the will or issuance of letters.
- Publish notice in a newspaper of general circulation in Putnam County (such as the Putnam County Record) 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 Clerk issues Letters of Office, which grant the representative authority to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims may be filed within 6 months 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 law
- File a final report with the court to close the estate
Local Requirements
Putnam County-Specific Procedures
- E-filing: Illinois courts require e-filing for most civil cases. You must use an approved Electronic Filing Service Provider (EFSP) such as Odyssey eFileIL.
- Local Rules: Putnam County is in the 10th Judicial Circuit; check 10th Circuit local rules for specific probate procedures.
- Publication: Notice is typically published in the Putnam County Record.
- Bond: A surety bond is usually required unless the will waives it, though a personal bond (no surety) may be allowed in some cases.
Always check with the Circuit Clerk's office for the most up-to-date local forms and requirements.
Timeline & Fees
Filing Fees (Putnam County)
- Probate Petition: Contact the Circuit Clerk at (815) 925-7016 for the current fee schedule (typically ranges from $250 to $350 in Illinois).
- Small Estate Affidavit: No court filing fee if not filed with the court (presented directly to asset holders); nominal fee if filed.
- Certified copies of Letters: Approximately $2-$5 per copy.
- Publication costs: Approximately $150-$250 depending on the newspaper and length of notice.
Payment Methods
The court typically accepts cash, checks, money orders, and major credit cards (service fees may apply).
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 several years.
The timeline is heavily influenced by the mandatory 6-month claims period for creditors, which begins after the first publication of notice.
Local Resources
Putnam County Court Resources
- Court Website: putnamil.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Standardized Forms: illinoiscourts.gov
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Prairie State Legal Services: (815) 434-5903 — Provides legal aid to eligible residents in the region.
Publication
- Putnam County Record: (815) 875-4461 — Official newspaper for legal notices in Putnam County.