Overview
Tazewell County is located in Illinois with a population of approximately 130,000. The 10th 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 Letters of Office 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.
Illinois offers a simplified Small Estate Affidavit procedure for estates valued at $150,000 or less (effective August 2025) that do not include real estate. This allows heirs to collect assets without full court administration.
Illinois law provides for reasonable compensation for representatives 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 Tazewell 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
Tazewell County Courthouse
Probate matters in Tazewell County are handled at the Tazewell County Courthouse.
Address: 342 Court Street, Pekin, IL 61554
Phone: (309) 477-2214 (Circuit Clerk)
Hours: Monday through Friday, 8:30 AM to 5:00 PM
The Circuit Clerk's office is responsible for maintaining court records and processing filings. The probate division is part of the Civil Division.
Parking and Access
Public parking is available in lots surrounding the courthouse and on nearby streets. 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 (excluding real estate) and there are no unpaid claims, you may be able to use a Small Estate Affidavit instead of court 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 Letters of Office with the Tazewell County Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (varies, typically $300-$400)
- Affidavit of Heirship
Tazewell County requires documents to be filed electronically via an approved e-filing service provider (EFSP) unless you have an exemption.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and legatees within 14 days of the admission of the will or issuance of letters.
- Publish notice in a newspaper of general circulation in Tazewell County (such as the Pekin Daily Times) 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 approved, 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 and allow 6 months for claims to be filed
- Inventory and appraise all estate assets
- 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 law
- File a final report and close the estate
Local Requirements
Tazewell County-Specific Procedures
- E-filing: Illinois mandates e-filing for civil cases, including probate. You must use an approved service provider (e.g., Odyssey eFileIL).
- Local Rules: The 10th Judicial Circuit has specific local rules governing probate practice; consult the Circuit Clerk's website for the most current "Rules of Practice."
- Publication: Notice is typically published in the Pekin Daily Times or another approved local newspaper.
- Bond: A surety bond is generally required unless waived by the will.
Always check with the Circuit Clerk for the most up-to-date local forms and standing orders.
Timeline & Fees
Filing Fees (Tazewell County)
- Petition for Letters of Office: approximately $300-$400 (fees vary by estate value and specific filing type)
- Small Estate Affidavit: No court filing fee if not filed with the court (presented directly to asset holders), but a fee applies if a copy is filed.
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $150-$250 depending on the newspaper
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and major credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates: 9-12 months (minimum 6 months for creditor claims)
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2 years or more
The 6-month creditor claim period begins after the first publication of notice, which sets the minimum duration for most probate cases.
Local Resources
Tazewell County Court Resources
- Court Website: tazewellcountyil.com
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Probate Forms: Illinois Courts Forms
Legal Aid and Attorney Referrals
- Tazewell County Bar Association: (309) 347-3141 — Local attorney information
- Prairie State Legal Services: (309) 674-9831 — Legal aid for qualifying low-income residents
- Illinois State Bar Lawyer Finder: isba.org
Publication
- Pekin Daily Times: (309) 346-1111 — Common publication for legal notices