Overview
Scott County is located in Illinois with a population of approximately 4,949. The Circuit Court of the Seventh 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 755 ILCS 5/. The process begins with filing a Petition for Probate of Will and for Letters Testamentary 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 August 2025, this option is available for estates valued at $150,000 or less that do not include real estate.
Illinois law provides for reasonable compensation for executors and attorneys. While there is no statutory percentage fee, fees must be reasonable based on the complexity of the estate and services rendered.
This guide provides an informational overview of the Scott 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
Scott County Courthouse
Probate matters in Scott County are handled at the Scott County Courthouse.
Address: 35 E Market St., Winchester, IL 62694
Phone: (217) 742-3178 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Scott County Courthouse is a historic building located in the county seat of Winchester. The Circuit Clerk's office manages all probate filings and records.
Parking and Access
Street parking is generally available around the courthouse square. The building is accessible to the public during standard business hours.
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 (effective Aug 2025) and contains no real estate, you may be able to transfer assets via affidavit 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.
- 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 Letters of Administration) with the Circuit Court of the Seventh Judicial Circuit. Include:
- Petition for Probate
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $300-$400)
- Affidavit of Heirship
- Oath and Bond of Representative
E-filing is mandatory for civil cases in Illinois, including probate, through an approved Electronic Filing Service Provider (EFSP) via eFileIL.
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.
- Publish notice in a newspaper of general circulation in Scott County (such as the Scott County Times) for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 30 to 60 days 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 6 months from the first publication date).
- Inventory and appraise all estate assets within 60 days.
- 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 accounting and petition for discharge to close the estate.
Local Requirements
Scott County-Specific Procedures
- E-filing: Mandatory for all probate filings via eFileIL.
- Appearance: Attorneys must file an entry of appearance.
- Local Rules: Scott County follows the rules of the Seventh Judicial Circuit.
- Publication: Notice must be published in a newspaper of general circulation in Scott County for three successive weeks.
Always check with the Circuit Clerk's office for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Scott County)
- Opening an Estate: approximately $300-$400
- Appearance Fee: approximately $180
- Certified copies of Letters: approximately $25 per certified copy
- Publication costs: approximately $200-$300 depending on the newspaper
- Claims: approximately $50
Fees are subject to change. Check with the Circuit Clerk for the exact current fee schedule.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees may apply).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The timeline is heavily influenced by the mandatory 6-month creditor claims period, which begins after the first publication of notice.
Local Resources
Scott County Court Resources
- Court Website: scottcoil.gov/circuitclerkinformation
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Standardized Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — Lawyer Finder
- Land of Lincoln Legal Aid: (877) 342-7891 — Legal assistance for eligible low-income residents
- ISBA Lawyer Referral: isba.org
Publication
- Scott County Times: (217) 742-3313 — Local newspaper for legal notices
- Jacksonville Journal-Courier: (217) 245-6121 — Regional newspaper