Overview
Union County is located in Illinois with a population of approximately 16,886. The Circuit Court of the First 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 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 involve real estate. This allows heirs to collect assets without formal court supervision.
Illinois law provides for "reasonable compensation" for attorneys and executors, rather than a statutory percentage. Fees are subject to court approval and must be reasonable based on the complexity of the estate.
This guide provides an informational overview of the Union 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
Union County Courthouse
Probate matters in Union County are handled at the Union County Courthouse.
Address: 309 West Market Street, Room 108, Jonesboro, IL 62952
Phone: (618) 833-5913 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM
The Circuit Clerk's office is responsible for maintaining court records and processing filings. The probate call is typically heard by the presiding Circuit Judge.
Parking and Access
Street parking is available around the courthouse square in Jonesboro. The building is accessible to the public during business hours, with security screening at the entrance.
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 there is no real estate, you may be able to use a Small Estate Affidavit instead of formal probate.
- Joint Tenancy & Beneficiary Designations: Assets held in joint tenancy or with named beneficiaries (like life insurance or payable-on-death accounts) bypass 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 Letters of Office with the Circuit Clerk. Include:
- Petition for Probate of Will and for Letters Testamentary (or Letters of Administration)
- Original Will and codicils (if any)
- Affidavit of Heirship
- Copy of the Death Certificate
- Filing fee (approximately $300-$350)
- Oath and Bond of Representative (Surety or No Surety)
Illinois requires mandatory e-filing for civil cases, 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.
- Publish notice in a newspaper of general circulation in Union County (such as The Gazette-Democrat) 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, but local practices vary.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify known creditors and allow the 6-month claim 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 law.
- File a Final Report and close the estate.
Local Requirements
Union County-Specific Procedures
- E-Filing: Illinois mandates e-filing for most civil cases. You must use an approved Electronic Filing Service Provider (EFSP).
- Bond: A surety bond is generally required unless the will waives it. For intestate estates, a bond is mandatory.
- Local Rules: The First Judicial Circuit may have specific administrative orders regarding probate scheduling. Check with the Circuit Clerk for the judge's specific standing orders.
- Publication: Notice is typically published in The Gazette-Democrat for three consecutive weeks.
Always check with the Union County Circuit Clerk for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Union County)
- Petition for Letters of Office: approximately $300-$350 (fees vary by estate value and case type)
- Small Estate Affidavit: No court filing fee if not filed with the court (optional), but a small fee applies if a certified copy is needed.
- Certified copies of Letters: approximately $5-$10 per copy
- Publication costs: approximately $150-$300 depending on the newspaper's rates
- Claims: approximately $10-$50 to file a claim against an estate
Note: Fees are subject to change. Contact the Circuit Clerk at (618) 833-5913 for the exact current fee schedule.
Payment Methods
The Circuit Clerk typically accepts cash, checks, money orders, and major credit cards (with a processing fee).
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
The 6-month creditor claim period begins after the first publication of notice, which sets the minimum duration for the estate to remain open.
Local Resources
Union County Court Resources
- Circuit Clerk Website: Union County Circuit Clerk
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Standardized Forms: Illinois Courts Forms
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Land of Lincoln Legal Aid: (618) 457-7800 — lincolnlegal.org
Publication
- The Gazette-Democrat: (618) 833-2158 — annanews.com