Overview
Rock Island County is located in Illinois with a population of approximately 142,731. The Fourteenth Judicial 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 (or Petition for Letters of Administration) 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 small estates valued at $150,000 or less (and no real estate), an Illinois Small Estate Affidavit may be used to transfer assets without formal court administration.
Illinois law allows for "reasonable compensation" for attorneys and personal representatives, rather than a fixed percentage of the estate.
This guide provides an informational overview of the Rock Island 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
Rock Island County Justice Center
Probate matters in Rock Island County are handled at the Rock Island County Justice Center.
Address: 1317 3rd Avenue, Suite 101, Rock Island, IL 61201
Phone: (309) 558-3538 (Circuit Clerk - Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is part of the Civil Division, located within the Justice Center. Security screening is required upon entry.
Parking and Access
Public parking is available in lots south of the Justice Center on 3rd Avenue. Metered street parking is also available on 3rd Avenue and adjacent streets.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate's personal property 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.
- Transfer on Death Instruments: Illinois allows Transfer on Death Instruments (TODI) for real estate, allowing property to pass directly to beneficiaries without 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 of Will and for Letters Testamentary (or Petition for Letters of Administration) with the Fourteenth Judicial Circuit Court. Include:
- Petition for Probate
- Original Last Will and Testament (if applicable)
- Certified copy of the Death Certificate
- Filing fee (approximately $250-$350)
- Affidavit of Heirship, Oath and Bond of Representative
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 of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or within 14 days of the order admitting the will).
- Publish notice in a newspaper of general circulation in Rock Island County for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors in a local newspaper. The creditor claim period in Illinois is 6 months from the date of first publication.
- Inventory and appraise all estate assets within 60 days.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Rock Island County-Specific Procedures
- E-Filing: Rock Island County requires e-filing for most probate documents through an approved EFSP (Electronic Filing Service Provider).
- Appearance Required: The proposed representative and attorney typically must appear in court to open the estate, though some procedures may be handled electronically.
- Local Court Rules: The Fourteenth Judicial Circuit has specific rules regarding probate; consult the Circuit Clerk's local rules for details on bonds and inventories.
- Publication: Notice must be published in a newspaper of general circulation in Rock Island County for three consecutive weeks.
Check with the Circuit Clerk for specific local forms required for case management orders.
Timeline & Fees
Filing Fees (Rock Island County)
- Petition for Probate: approximately $250-$350
- Small Estate Affidavit (if filed): approximately $150
- Certified copies of Letters: approximately $5-$10 per certified copy
- Publication costs: approximately $200-$300 depending on the newspaper
- Automation/Storage fees: typically added to the base filing fee
Illinois does not have a statutory percentage fee schedule; fees must be "reasonable" based on the complexity of the estate.
Payment Methods
The court accepts cash, credit/debit cards (with fee), money orders, and cashier's checks. A convenience fee applies to credit card payments.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period is the primary factor determining the minimum duration.
Local Resources
Rock Island County Court Resources
- Court Website: rockislandcountyil.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Approved Forms
Legal Aid and Attorney Referrals
- Rock Island County Bar Association: (309) 786-2333 — Professional association for local attorneys.
- Prairie State Legal Services: (309) 794-1328 — Legal aid for eligible low-income residents.
- Illinois State Bar Lawyer Referral: isba.org
Publication
- Dispatch-Argus: (309) 764-4344 — Newspaper of general circulation.
- Quad-City Times: (563) 383-2200 — Regional newspaper serving the area.