Overview
Stark County is located in Illinois with a population of approximately 5,300. The Circuit Court of the 10th 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) to appoint a personal representative. The court then issues Letters of Office authorizing the representative to act.
Small Estate Affidavit: For estates valued at $150,000 or less (effective August 2025) with no real estate, heirs may be able to use a Small Estate Affidavit to transfer assets without formal court supervision.
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 services performed.
This guide provides an informational overview of the Stark 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
Stark County Courthouse
Probate matters in Stark County are handled at the Stark County Courthouse.
Address: 130 West Main Street, Toulon, IL 61483
Phone: (309) 286-5941 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Circuit Clerk's office is responsible for maintaining court records and accepting filings. The probate call is typically heard by the presiding judge of the Stark County Circuit Court.
Parking and Access
Street parking is generally available around the courthouse square in Toulon. The building is accessible to the public during business hours.
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 instead of going to court.
- 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 Letters of Office with the Stark County Circuit Clerk. Include:
- Petition for Probate of Will (if applicable) or Letters of Administration
- Original Will and codicils (if any)
- Affidavit of Heirship
- Oath and Bond of Representative (Surety or No Surety)
- Filing fee (approximately $376.00)
- Proposed Order Appointing 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 to all heirs and legatees within 14 days of the issuance of Letters of Office.
- Publish notice in a newspaper of general circulation in Stark County (such as the Stark County News) once a week for three successive weeks to notify creditors.
- File proof of mailing and publication with the court.
Step 4: Attend the Hearing
The court may schedule a hearing to formally admit the will and appoint the representative. In many uncontested cases, this can be done "on the papers" without a formal appearance if all waivers and consents are filed. Once approved, the clerk issues Letters of Office.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors and allow the 6-month claims period to run.
- Inventory and appraise all estate assets.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries according to the will or state intestacy laws.
- File a Final Report and receipts of distribution to close the estate.
Local Requirements
Stark County-Specific Procedures
- E-Filing: Illinois requires e-filing for most civil cases. You must use an approved Electronic Filing Service Provider (EFSP).
- Local Rules: Stark County is part of the 10th Judicial Circuit. Local rules may dictate specific forms or scheduling procedures.
- Publication: Notice to creditors must be published in a local newspaper like the Stark County News.
- Bond: A surety bond is typically required unless the will waives it or all heirs agree to waive it (for intestate estates).
Always check with the Circuit Clerk for the most current local forms and requirements.
Timeline & Fees
Filing Fees (Stark County)
- Probate (Letters of Office): approximately $376.00
- Small Estate Affidavit (if filed): approximately $276.00
- Claims ($150-$500): approximately $25.00
- Claims ($500-$10,000): approximately $40.00
- Certified Copies: approximately $25.00 per copy
- Publication costs: approximately $150-$300 depending on the newspaper
Fees are subject to change. Check with the Circuit Clerk for the current fee schedule.
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and credit/debit cards (service fees apply). Online payments may be available through Judici or CourtMoney.
Estimated Timelines
- Simple estates: 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period begins after the first publication of notice. The estate generally cannot be closed until this period expires.
Local Resources
Stark County Court Resources
- Circuit Clerk Website: starkco.illinois.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: illinoiscourts.gov
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Prairie State Legal Services: (815) 965-2134 — pslegal.org
Publication
- Stark County News: (309) 286-4444 — Local newspaper for legal notices