Overview
Randolph County is located in Illinois with a population of approximately 30,000. 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 Probate of Will and for Letters Testamentary (if there is a will) or a Petition for Letters of Administration (if there is no will). The court then issues Letters of Office to the personal representative.
Small Estate Affidavit: For decedents passing on or after August 15, 2025, estates with personal property valued at $150,000 or less (excluding vehicles registered in Illinois) may be eligible for a simplified process using a Small Estate Affidavit, avoiding full probate court administration.
Illinois does not have a statutory percentage fee schedule for attorneys or executors. Instead, fees must be "reasonable" based on the complexity of the estate and services rendered, subject to court approval.
This guide provides an informational overview of the Randolph 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
Randolph County Courthouse
Probate matters in Randolph County are handled at the Randolph County Courthouse.
Address: 1 W Taylor St, Chester, IL 62233
Phone: (618) 826-5000 (Circuit Clerk, ext. 194)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Circuit Clerk's office is located in Room 302. The court is part of the 24th Judicial Circuit of Illinois.
Parking and Access
Public parking is available around the courthouse square and on nearby streets. 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 (for deaths on/after Aug 15, 2025) and there is no real estate involved (or real estate is transferred by other means), you may be able to use a Small Estate Affidavit.
- 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 the appropriate petition with the Randolph 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 $256)
- Oath and Bond of Representative
Illinois requires mandatory e-filing for civil cases through an approved eFileIL service provider, though exemptions exist for self-represented litigants in some circumstances.
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 Randolph County (such as the County Journal or North County News) 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 appointed, the clerk issues Letters of Office, which grant the authority to act on behalf of the estate.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims period is generally 6 months from the date of first publication).
- Prepare an Inventory of estate assets.
- Pay valid claims and estate expenses.
- File income and estate tax returns if required.
- Distribute remaining assets to beneficiaries/heirs.
- File a Final Report with the court to close the estate.
Local Requirements
Randolph County-Specific Procedures
- E-Filing: Electronic filing is mandatory for civil cases in Illinois. You must use a certified Electronic Filing Service Provider (EFSP).
- Appearance: A separate Entry of Appearance form is often required for attorneys or self-represented litigants.
- Publication: Notice to creditors must be published in a local newspaper such as the County Journal or North County News.
- Local Rules: The 24th Judicial Circuit may have specific local rules regarding probate forms and scheduling; check with the Circuit Clerk for the most current protocols.
Timeline & Fees
Filing Fees (Randolph County)
- Probate Petition: approximately $256
- Small Estate Affidavit (if filed): Varies (often lower or no court fee if not filed, but recording fees may apply for real estate)
- Certified Copies of Letters: approximately $2-$5 per copy
- Publication costs: approximately $150-$250 depending on the newspaper
- Appearance Fee: May apply for responding parties
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards).
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 largely dictated by the mandatory 6-month claims period for creditors.
Local Resources
Randolph County Court Resources
- Court Website: randolphcountyil.gov/circuit-clerk
- Probate Self-Help: Illinois Legal Aid Online
- State Probate Forms: Illinois Courts Approved Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: isba.org
- Land of Lincoln Legal Aid: (877) 342-7891 — lincolnlegal.org
Publication
- County Journal: (618) 443-2121
- North County News: (618) 282-3803