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Brown County, IL Probate Information
Quick facts
| Item | Brown County detail |
|---|---|
| Court | Circuit Court of the Eighth Judicial Circuit, Brown County |
| Filing office | Clerk of the Circuit Court of Brown County, also called the Brown County Circuit Clerk |
| Courthouse address | Brown County Courthouse, 200 Court Street, Room 5, Mt. Sterling, IL 62353 |
| Mailing address | Use the courthouse address. No separate mailing address is published. |
| Phone | (217) 773-2713, ext. 2. No separate probate line is published. |
| Fax | (217) 773-3648 |
| [email protected] | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m. No lunch closure or filing cutoff is published. |
| Filing fee | Probate Schedule 2 under 705 ILCS 105/27.1b: $256 filing fee and $181 appearance or response fee, Brown County Civil Fee Schedule effective July 1, 2019. Confirm the current amount with the Circuit Clerk before filing. |
| Will deposit | $0 for filing a will under 755 ILCS 5/6-1. An original will cannot be e-filed. |
| Local forms | No Brown County decedent estate probate packet is posted. |
| E-filing | Civil probate filings are filed through eFileIL. Brown County has an e-filing kiosk in the Circuit Clerk's Office. Original wills are delivered or mailed on paper under Illinois Supreme Court Rule 9(c)(1). |
| Case search | Judici lists Brown County at court code IL005015J. If an estate does not appear, call the Circuit Clerk. |
| Remote appearance | Routine, non-evidentiary probate matters are generally available remotely under Illinois Supreme Court Rule 45(c)(1) and Eighth Judicial Circuit Rule 9.16. Use the current Zoom information from the Circuit Clerk before the hearing. |
| Website | www.browncoil.org/officials/circuit-clerk/ |
Before you begin — know the assets and liabilities
Before filing in Brown County, identify the assets, debts, beneficiaries and whether an original will exists. The right estate settlement path depends on what must be transferred, whether real estate is involved, and whether the family needs court authority.
Sunset's 2,300-institution asset discovery helps families look for accounts before choosing a filing path. That can prevent a Brown County case from being opened with an incomplete asset picture or the wrong request for authority.
Which court handles jurisdiction
The Brown County Courthouse in Mt. Sterling serves Brown County probate filings. The Eighth Judicial Circuit includes Adams, Brown, Calhoun, Cass, Mason, Menard, Pike and Schuyler Counties, but venue is county-based. You file in Brown County when Brown County is the proper county under Illinois Probate Act venue rules.
Illinois venue for probate or administration is the county of the decedent's known residence, or if there was no known Illinois residence, the county with the greater part of the decedent's Illinois real estate, or if neither applies, the county with the greater part of the personal estate (755 ILCS 5/5-1).
The jurisdiction process
- Collect the original will, death certificate, asset information, debt information and the names and addresses of heirs and beneficiaries before starting the Brown County filing.
- Prepare the petition and related probate papers for the Brown County Circuit Court. If a will exists, the original will is filed with the Circuit Clerk under 755 ILCS 5/6-1 and cannot be e-filed.
- E-file the probate petition and supporting court papers through eFileIL unless an e-filing exemption applies. A self-represented filer who qualifies may use the Rule 9(d) exemption certification, and Brown County has an e-filing kiosk in the Circuit Clerk's Office.
- Pay the posted probate Schedule 2 fee under 705 ILCS 105/27.1b. Brown County's Civil Fee Schedule effective July 1, 2019 lists a $256 filing fee and a $181 appearance or response fee. Confirm the current total with the Circuit Clerk before filing.
- Give required notice to interested persons and creditors. Creditor notice under 755 ILCS 5/18-3 includes publication once each week for three successive weeks and notice to known or reasonably ascertainable creditors.
- Attend the initial hearing if one is set. Routine, non-evidentiary probate matters are generally available remotely under Illinois Supreme Court Rule 45(c)(1) and Eighth Judicial Circuit Rule 9.16, but follow the judge's notice and the Circuit Clerk's current Zoom instructions.
- If the petition is granted, obtain letters of office under 755 ILCS 5 from the Brown County Circuit Clerk. The posted Brown County Civil Fee Schedule effective July 1, 2019 lists certified letters of office at $2 each under the probate copy framework in 705 ILCS 105/27.1b.
- Administer the estate by collecting assets, paying proper expenses and claims, handling any sale or transfer, and keeping records for beneficiaries and the court.
- Close the estate by completing the required accounting, receipts, releases or court filings for the type of administration ordered. Independent administration under 755 ILCS 5/Art. XXVIII usually involves less routine court supervision than a supervised estate.
Forms and documents
Probate forms in Brown County
Brown County does not post a local decedent estate probate packet, petition for letters, oath, inventory, accounting form or closing packet on the Circuit Clerk page. Illinois Courts approved forms do not include a standardized decedent estate petition set, so many Brown County probate filings are prepared by counsel or generated from an estate settlement workflow.
The Circuit Clerk page does link the statewide e-filing exemption certification. Illinois Legal Aid Online also offers a Small Estate Affidavit Easy Form for the small estate affidavit under 755 ILCS 5/Art. XXV, but that affidavit is not the same as opening a Brown County court estate.
Fees
Brown County posts a Civil Fee Schedule effective July 1, 2019. The probate entries appear under Schedule 2, which is the probate filing category under 705 ILCS 105/27.1b. Ask the Circuit Clerk to confirm the current amount before you file.
| Fee item | Amount |
|---|---|
| Probate Schedule 2 filing fee | $256, Brown County Civil Fee Schedule effective July 1, 2019 |
| Appearance or response fee | $181, Brown County Civil Fee Schedule effective July 1, 2019 |
| Counter-petition | $75, Brown County Civil Fee Schedule effective July 1, 2019 |
| Will contest | $60, Brown County Civil Fee Schedule effective July 1, 2019 |
| Estate claim of $150 or less | $0, Brown County Civil Fee Schedule effective July 1, 2019 |
| Estate claim of $150.01 to $500 | $25, Brown County Civil Fee Schedule effective July 1, 2019 |
| Estate claim of $500.01 to $10,000 | $40, Brown County Civil Fee Schedule effective July 1, 2019 |
| Estate claim over $10,000 | $60, Brown County Civil Fee Schedule effective July 1, 2019 |
| Each accounting other than final accounting | $25, Brown County Civil Fee Schedule effective July 1, 2019 |
| Certified letters of office | $2 each, Brown County Civil Fee Schedule effective July 1, 2019, under the probate copy framework in 705 ILCS 105/27.1b |
| Exemplification | $2, Brown County Civil Fee Schedule effective July 1, 2019 |
| Probate jury demand, 12-person jury | $137.50, Brown County Civil Fee Schedule effective July 1, 2019 |
| Probate jury demand, 6-person jury | $68.75, Brown County Civil Fee Schedule effective July 1, 2019 |
| Filing a will under 755 ILCS 5/6-1 | $0, statewide Schedule 4 treatment under 705 ILCS 105/27.1b |
Local nuance
Brown County-specific considerations
| Local point | What it means in Brown County |
|---|---|
| No separate probate division | Use the Brown County Circuit Clerk, Room 5, at the courthouse in Mt. Sterling. Probate is a civil case category in the Circuit Court. |
| Remote appearances | Routine, non-evidentiary probate matters are generally available remotely under Illinois Supreme Court Rule 45(c)(1) and Eighth Judicial Circuit Rule 9.16. Get current Zoom details from the Circuit Clerk before the hearing. |
| Original wills | File court papers through eFileIL when required, but deliver or mail the original paper will to the Circuit Clerk because original wills cannot be e-filed under Illinois Supreme Court Rule 9(c)(1). |
| Judici case lookup | Brown County is listed on Judici. If a probate case is not found, call the Circuit Clerk rather than assuming no case exists. |
Recent updates
| Update | What changed |
|---|---|
| Eighth Judicial Circuit remote-appearance rule | Rule 9.16 became effective March 25, 2026 and aligns civil remote appearances with Illinois Supreme Court Rule 45. |
| Brown County fee schedule posting | Brown County posts a Civil Fee Schedule effective July 1, 2019, with probate Schedule 2 under 705 ILCS 105/27.1b listed at $256 filing and $181 appearance or response. Confirm the current amount before filing. |
Scenarios
| Scenario | Likely Brown County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking title, mortgage records, account ownership and beneficiary designations. If court authority is needed for assets in the decedent's name, file through the Brown County Circuit Clerk in Mt. Sterling. | Sunset helps gather account and title information so the spouse can see whether a court estate is needed and what documents an attorney may need. |
| Out-of-state adult child with small estate | Determine whether the small estate affidavit under 755 ILCS 5/Art. XXV can handle the personal property without opening a Brown County court case. If court authority is needed, e-file the petition and mail or deliver any original will to Mt. Sterling. | Sunset helps organize assets, debts, family information and filing documents so the child can avoid unnecessary travel where remote filing and remote hearing rules apply. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires court authority if the property is in the decedent's name. File in Brown County if venue is proper under 755 ILCS 5/5-1 and request letters of office under 755 ILCS 5 so the representative can work with counsel, title and buyers. | Sunset helps build the estate settlement file, identify accounts and connect the parent with a probate attorney for the home-sale portion. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Brown County Circuit Clerk | Filing counter, fee questions, e-filing kiosk, original will delivery and current remote hearing details. | 200 Court Street, Room 5, Mt. Sterling, IL 62353. Phone (217) 773-2713, ext. 2. Email [email protected]. |
| Brown County Public Library Legal Self-Help Center | Local legal self-help access point listed by Illinois Legal Aid Online. | 143 West Main Street, Mt. Sterling, IL 62353. Hours Monday through Friday, 9:00 a.m. to 4:00 p.m., Saturday, 9:00 a.m. to noon. |
| Courthouse Self-Help Center | On-site self-help center on the second floor, with printer and copier access listed for the Brown County Courthouse. | Brown County Courthouse, 200 Court Street, Mt. Sterling, IL 62353. |
| Land of Lincoln Legal Aid, Western Regional Office | Legal aid provider serving Brown County. | 111 East Fourth Street, Suite 330, Alton, IL 62002. Phone (618) 462-0029. Toll free (800) 642-5570. |
| Illinois Legal Aid Online | Estate settlement guides and the Small Estate Affidavit Easy Form for the small estate affidavit under 755 ILCS 5/Art. XXV. | www.illinoislegalaid.org |
| eFileIL | Illinois electronic filing portal for civil probate filings. | efile.illinoiscourts.gov |
When to hire an attorney
Counsel usually makes sense in a Brown County estate when a house or farmland must be sold, heirship is disputed, a creditor claim must be handled in court, a will contest is possible, or the representative needs letters of office under 755 ILCS 5. Illinois law treats an executor or administrator as acting for beneficiaries and creditors, so a non-attorney representative should not assume they can represent the estate's court interests alone. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, retirement assets and other property that can drive the Brown County estate settlement plan.
Generate the probate packet. Sunset helps organize the information needed for a Brown County filing, including family details, asset lists, debts and the documents an attorney or representative needs to request letters of office under 755 ILCS 5.
Find a local probate attorney. When a Brown County estate needs court representation, a home sale, creditor work or a contested issue handled, Sunset can connect the family with a vetted probate attorney.
Sunset is free for families. Sunset gives families a practical estate settlement starting point before they spend money on filing fees, certified copies or legal work.
Frequently asked questions
Where do I file probate in Brown County?
File with the Brown County Circuit Clerk at the Brown County Courthouse, 200 Court Street, Room 5, Mt. Sterling, IL 62353. Brown County probate is handled as a case type on the Circuit Court's civil docket, not in a separate probate division.
Does Brown County use e-filing for probate?
Yes. Civil probate filings are filed through eFileIL, and Brown County has an e-filing kiosk in the Circuit Clerk's Office. An original will is different: Illinois Supreme Court Rule 9(c)(1) excludes original wills from e-filing, so the paper original should be delivered or mailed to the Circuit Clerk.
How much does it cost to open a Brown County probate estate?
The posted Brown County Civil Fee Schedule effective July 1, 2019 lists the probate Schedule 2 filing fee under 705 ILCS 105/27.1b as $256 and the appearance or response fee as $181. Confirm the current amount with the Circuit Clerk before filing.
Is there a charge just to file the will in Brown County?
Filing a will under 755 ILCS 5/6-1 is $0 under Schedule 4 of 705 ILCS 105/27.1b. Filing the will alone does not open an estate or produce letters of office under 755 ILCS 5.
Can I look up a Brown County probate case online?
Judici lists Brown County with court code IL005015J. Use Judici as the public case-search starting point, and call the Circuit Clerk if the estate is not found or if you need filing guidance.
Can I appear remotely for a Brown County probate hearing?
For routine, non-evidentiary probate matters, remote attendance is generally available without advance approval under Illinois Supreme Court Rule 45(c)(1). Eighth Judicial Circuit Rule 9.16 says civil matters allow remote appearances consistent with Rule 45. If the court sets a matter in person, a request to appear remotely should be made at least three business days before the proceeding.
Does Brown County have local probate forms?
No Brown County decedent estate packet is posted. The Circuit Clerk page links the civil fee schedule, court holidays and the e-filing exemption form, but not a local petition, oath, inventory, account or closing packet for decedent estates.
Do I have to travel to Mt. Sterling for every probate step?
Not usually for every step. Many filings are handled through eFileIL, and routine non-evidentiary hearings may be remote under Rule 45 and Eighth Judicial Circuit Rule 9.16. You may still need to send the original will to the Circuit Clerk and follow any judge-specific instruction for a hearing.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.