Overview
Sangamon County is located in Illinois with a population of approximately 194,345. The Sangamon County Circuit Court, Probate Division 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.
Small Estate Affidavit: For estates valued at $150,000 or less (effective mid-2025) that do not include real estate, heirs may be able to use a Small Estate Affidavit to transfer assets without formal court administration.
Statutory Fees: 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 complexity of the work and are subject to court approval.
This guide provides an informational overview of the Sangamon 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
Sangamon County Circuit Court
Probate matters in Sangamon County are handled at the Sangamon County Complex.
Address: 200 South Ninth Street, Springfield, IL 62701
Phone: (217) 753-6674 (Probate Division)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Clerk's office is located on the 4th floor. This is where all probate documents are filed. The courtrooms are also located within the County Complex.
Parking and Access
There is a public parking lot adjacent to the County Complex. Metered street parking is also available around the courthouse. Visitors must 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 estate is valued at $150,000 or less (and contains no real estate), you may be able to use a Small Estate Affidavit instead of formal probate.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass directly 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 Sangamon County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $277-$370; verify current amount with Clerk)
- Affidavit of Heirship
E-filing is mandatory for civil cases in Illinois, including probate, for attorneys. Self-represented litigants may be exempt but are encouraged to e-file.
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 as required by statute).
- Publish notice in a newspaper of general circulation in Sangamon County (e.g., The State Journal-Register) for three successive weeks to notify unknown creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 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 (claims period is typically 6 months from 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
Sangamon County-Specific Procedures
- E-filing: Mandatory for attorneys via an approved Electronic Filing Service Provider (EFSP). Self-represented litigants may file in person or use e-filing kiosks at the courthouse.
- Bond requirements: A surety bond is generally required unless waived by the will. For intestate estates, a bond is almost always required.
- Local court rules: Sangamon County follows the Seventh Judicial Circuit rules.
- Publication: Notice must be published in a newspaper of general circulation in Sangamon County for three successive weeks. The State Journal-Register is commonly used.
Always check with the Circuit Clerk's office for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Sangamon County)
- Opening an Estate: approximately $277-$370 (fees vary by year and case type; verify with Clerk)
- Small Estate Affidavit: No court filing fee if not filed with the court (presented directly to asset holders), but a fee applies if a case number is required.
- Certified copies of Letters: approximately $5-$10 per certified copy
- Publication costs: approximately $200-$300 depending on the newspaper and length of notice
- Claims: Fees may apply for filing claims against an estate.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Illinois is 6 months from the date of first publication, which sets a minimum duration for the probate process.
Local Resources
Sangamon County Court Resources
- Court Website: sangamoncountycircuitclerk.org
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Forms
Legal Aid and Attorney Referrals
- Sangamon County Bar Association: Lawyer referral service available at scba.cc
- Land of Lincoln Legal Aid: (217) 529-8400 — Legal assistance for qualifying low-income residents
- Illinois State Bar Lawyer Finder: reliaguide.com/bar/isba
Publication
- The State Journal-Register: (217) 788-1300 — Major daily newspaper
- Illinois Times: (217) 753-2226 — Weekly newspaper