Overview
Washington County is located in Illinois with a population of approximately 13,535. The Circuit Court of the 24th 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 admit the will and appoint a personal representative. The court then issues Letters of Office to the representative.
For smaller estates, Illinois offers a Small Estate Affidavit procedure. As of 2026, this option is available for estates valued at $150,000 or less (excluding real estate) that do not require formal probate.
Illinois law provides for reasonable compensation for attorneys and personal representatives. There is no statutory percentage fee; fees must be reasonable based on the services performed.
This guide provides an informational overview of the Washington 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
Washington County Judicial Center
Probate matters in Washington County are handled at the Washington County Judicial Center.
Address: 125 E. Elm St., Nashville, IL 62263
Phone: (618) 327-4800 (Circuit Clerk)
Hours: Monday through Friday, 8:00 AM 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 judge of the Washington County Circuit Court.
Parking and Access
Street parking is generally available around the courthouse square in Nashville. 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 personal estate is valued at $150,000 or less and includes no real estate, you may be able to use a Small Estate Affidavit to transfer assets without court supervision.
- 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 the appropriate petition with the Washington County 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 $371.00)
- Oath and Bond of Representative (with or without surety, depending on the will/court order)
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 Washington County (such as the Nashville 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" or via a brief appearance. 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 claim period to run from the date of first publication.
- Inventory and appraise all estate assets.
- Pay valid claims, debts, and taxes.
- Distribute remaining assets to beneficiaries or heirs according to the will or state law.
- File a final report or accounting with the court to close the estate.
Local Requirements
Washington County-Specific Procedures
- E-filing: Illinois requires e-filing for most court documents via an approved Electronic Filing Service Provider (EFSP) like Odyssey eFileIL.
- Local Rules: The 24th Judicial Circuit may have specific local rules regarding probate calls and motion practice. Check with the Clerk for the current judge's standing orders.
- Publication: Notice to creditors must be published in a local newspaper. The Nashville News is commonly used for legal notices in Washington County.
Always check with the Circuit Clerk's office for the most up-to-date fee schedule and procedural requirements.
Timeline & Fees
Filing Fees (Washington County)
- Probate Filing (Testate/Intestate): approximately $371.00
- 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: approximately $2.00 - $10.00 depending on page count
- Publication costs: approximately $150-$300 depending on the newspaper
Payment Methods
The Circuit Clerk accepts cash, checks, money orders, and 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
The 6-month creditor claim period is a statutory minimum that cannot be shortened.
Local Resources
Washington County Court Resources
- Circuit Clerk Website: washingtonco.illinois.gov
- Probate Self-Help: Illinois Legal Aid Online
- Illinois Standardized Forms: illinoiscourts.gov
Legal Aid and Attorney Referrals
- Illinois State Bar Association: (800) 252-8908 — isba.org
- Land of Lincoln Legal Aid: (618) 398-0958 — lincolnlegal.org
Publication
- Nashville News: (618) 327-3011 — Newspaper of general circulation in Nashville, IL