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Clay County, IL Probate Information
Quick facts
| Item | Clay County details |
|---|---|
| Court | Circuit Court of the Fourth Judicial Circuit, Clay County |
| Filing office | Clay County Circuit Clerk, Clay County Courthouse |
| Courthouse address | 111 E. Chestnut St., Louisville, IL 62858 |
| Mailing address | P.O. Box 100, Louisville, IL 62858 |
| Phone | (618) 665-3523. No separate probate line is published. |
| Fax | (618) 665-3543 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. No lunch closure is published. |
| Filing fee | Clay County does not publish an online decedent-estate fee amount. Ask the Circuit Clerk for the current Schedule 2 filing and Schedule 1 appearance amounts under 705 ILCS 105/27.1b. The statutory fee for filing a will alone is $0, as of August 17, 2026, under 755 ILCS 5/6-1. |
| Local forms | No local decedent-estate packet or probate cover sheet is published on the Circuit Clerk page. |
| E-filing | Probate petitions are generally submitted through eFileIL. An original will cannot be e-filed and must be delivered or mailed to the Circuit Clerk. |
| Case search | Judici is linked from the Circuit Clerk page for Clay County: http://www.judici.com/courts/cases/case_search.jsp?court=IL013015J. Call the clerk if a probate case does not appear online. |
| Remote appearance | Routine, non-evidentiary probate hearings may be attended by Zoom without advance permission under Illinois Supreme Court Rule 45 and Fourth Circuit Rule 10-8, unless the judge requires otherwise. Clay County publishes Zoom ID 615 746 1907 and password 62858. |
| Website | https://claycounty.illinois.gov/department/ |
Before you begin — know the assets and liabilities
Before you file anything in Clay County, make a practical list of what the person owned, how each asset is titled, what debts exist, and whether any asset can pass without a court case. That first asset and liability review determines whether estate settlement needs a Clay County probate filing, a small estate affidavit under 755 ILCS 5/Art. XXV, or another path.
Sunset's asset discovery searches more than 2,300 institutions, which can help families avoid opening the wrong type of case or missing an account after letters of office under 755 ILCS 5 are issued. Bring the best available asset list, death certificate, will if there is one, heir information and creditor information before preparing a Clay County filing.
Which court handles jurisdiction
The Clay County Circuit Clerk serves probate filings for all communities and unincorporated areas in Clay County from the courthouse in Louisville. Clay County sits in the Fourth Judicial Circuit with Christian, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery and Shelby Counties, but venue is county-specific.
Under Illinois probate venue law, a decedent's estate is opened in the county of the decedent's known Illinois residence, then the county with the greater part of the Illinois real estate, then the county with the greater part of the personal estate (755 ILCS 5/5-1). If venue points to Clay County, file with the Clay County Circuit Clerk, not another county in the Fourth Circuit.
The jurisdiction process
- Gather the will, death certificate, heir information, asset list and creditor information before starting Clay County estate settlement.
- If there is a will, deliver or mail the original will to the Clay County Circuit Clerk because the original will cannot be e-filed. Filing a will alone carries a statutory $0 fee, as of August 17, 2026, under 755 ILCS 5/6-1.
- Prepare the petition for probate and for letters of office under 755 ILCS 5. If the will is handwritten, attach a typewritten copy and affidavit required by Fourth Circuit Rule 13. If the will is not in English, attach a certified English translation required by Rule 13.
- Submit the probate petition through eFileIL unless an e-filing exemption applies. File in Clay County if venue is proper there under 755 ILCS 5/5-1.
- Contact the Clay County Circuit Clerk for the current decedent-estate Schedule 2 filing and Schedule 1 appearance amounts under 705 ILCS 105/27.1b, because Clay County does not publish those dollar amounts online.
- Provide notice as required for the particular filing. Creditor notice in an opened estate includes publication and notice to known or reasonably ascertainable creditors, with the claim date set under 755 ILCS 5/18-3 and not less than 6 months from first publication or 3 months from mailing or delivery, whichever is later.
- Attend the first hearing or status setting. Routine, non-evidentiary probate hearings may be attended by Zoom without advance permission under Illinois Supreme Court Rule 45 and Fourth Circuit Rule 10-8, unless the judge requires otherwise.
- For a remote hearing, submit proposed exhibits, proposed orders, agreed orders, stipulations and other materials at least 48 hours before the hearing in PDF format through the county e-filing system or to a designated Dropbox account under Fourth Circuit Rule 10-8(f)(4).
- After the court appoints the executor or administrator, obtain letters of office under 755 ILCS 5 from the Circuit Clerk and use them to collect estate assets.
- Administer and close the estate. If independent administration under 755 ILCS 5/Art. XXVIII is granted, expect a local status date 14 months after that order under Fourth Circuit Rule 13. Accounts are due on the local Rule 13 schedule unless the court orders otherwise.
Executor duties
Clay County follows Fourth Circuit Rule 13 for local probate administration details. A representative's bond must be in writing and signed by the representative even when security is excused by the will or by the Illinois Probate Act.
Rule 13 also sets local status and accounting checkpoints. An executor or administrator presents the required account within 14 months after letters issue, annually after the first account, and at other times ordered by the court. For independent administration under 755 ILCS 5/Art. XXVIII, the court sets a status date 14 months after the order granting independent administration.
Forms and documents
Probate forms in Clay County
The Clay County Circuit Clerk does not publish a local decedent-estate probate packet, petition for letters of office under 755 ILCS 5, probate cover sheet, inventory form, accounting form or closing packet on its department page.
Illinois does not publish an approved decedent-estate petition packet for opening probate. If the estate can be handled outside court, Illinois Legal Aid Online offers a small estate affidavit tool for matters that fit 755 ILCS 5/Art. XXV. That affidavit is delivered to the bank, transfer agent or other holder, not filed with the Clay County Circuit Clerk.
Fourth Circuit Rule 13 adds local form requirements for particular wills. A handwritten will needs a typewritten copy filed with the petition and an affidavit that the copy is true and correct. A will in a language other than English needs a typewritten English translation certified by a qualified translator. Other wills need a copy attached to the petition in addition to the original will process under 755 ILCS 5/6-1.
Fees
| Local fee item | Amount | Clay County note |
|---|---|---|
| Decedent-estate filing and appearance | Ask the Circuit Clerk | Clay County does not publish an online decedent-estate dollar amount. Probate is a Schedule 2 filing category and the probate appearance is a Schedule 1 appearance category under 705 ILCS 105/27.1b. |
| Filing a will alone | $0, as of August 17, 2026 | The statutory fee for filing a will alone is set by 755 ILCS 5/6-1. |
| Case-file search by name | $6.00 per name, as of August 17, 2026 | Listed on the Clay County Circuit Clerk page. |
| Copies from the Circuit Clerk | $2.00 for the first page, $0.50 for each of the next 19 pages, and $0.25 for each additional page, as of August 17, 2026 | Listed on the Clay County Circuit Clerk page. |
| Computer-generated information | $6.00 per page, as of August 17, 2026 | Listed on the Clay County Circuit Clerk page. |
Timeline
- Before filing, identify assets, debts, heirs and whether the original will exists. This determines whether Clay County estate settlement needs a court case.
- When filing a petition, account for Fourth Circuit Rule 13 will requirements. Handwritten wills need a typewritten copy and affidavit, and non-English wills need a certified English translation.
- Before a remote hearing, submit all proposed exhibits, proposed orders, agreed orders, stipulations and other hearing materials at least 48 hours in advance in PDF format through the county e-filing system or to a designated Dropbox account under Fourth Circuit Rule 10-8(f)(4).
- After appointment, obtain letters of office under 755 ILCS 5 and begin administration.
- Within the local accounting cycle, an executor or administrator presents the required account within 14 months after letters issue, annually after the first account, and at other times ordered by the court under Fourth Circuit Rule 13.
- If independent administration under 755 ILCS 5/Art. XXVIII is granted, expect a status date 14 months after the order granting independent administration under Fourth Circuit Rule 13.
Local nuance
Clay County-specific considerations
Fourth Circuit Rule 13 governs local probate practice. Rule 13 covers decedent estates, guardianships and other probate-coded matters. It requires extra paperwork for handwritten wills and non-English wills, sets heirship proof requirements, requires written representative bonds, and creates local status and accounting checkpoints.
Remote-hearing paperwork has a 48-hour rule. Under Fourth Circuit Rule 10-8(f)(4), proposed exhibits, proposed orders, fully signed agreed orders, agreements, stipulations and other materials for a remote hearing must be submitted at least 48 hours before the hearing in PDF format through the county e-filing system or to a designated Dropbox account.
Recent updates
| Date | Clay County update |
|---|---|
| October 3, 2025 | The Fourth Judicial Circuit Rules of Practice were amended and republished. Clay County links the current rules, including Rule 10-8 on remote appearances and Rule 13 on probate cases. |
| July 12, 2024 | Fourth Circuit Rule 13, Special Rules Pertaining to Probate Cases, was amended. |
Scenarios
| Scenario | Likely Clay County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Review how the home is titled before opening a case. If a court order or letters of office under 755 ILCS 5 are needed to sell or transfer an asset, file in Clay County when venue belongs there under 755 ILCS 5/5-1. | Sunset helps identify accounts, organize title and asset information, and prepare for an attorney review if real estate or creditor issues make probate necessary. |
| Out-of-state adult child with a small estate | If the assets qualify for an Illinois small estate affidavit under 755 ILCS 5/Art. XXV, the affidavit is handled with the asset holder and not filed with the Clay County Circuit Clerk. If probate is needed, petitions are generally e-filed, and routine hearings may be remote under Rule 45 and Rule 10-8. | Sunset helps decide what assets exist, whether a court case is needed, and what Clay County steps can be handled without travel. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate often requires opening a Clay County estate and obtaining letters of office under 755 ILCS 5. Fourth Circuit Rule 13 heirship and bond requirements may matter if there is no surviving spouse or descendant. | Sunset helps assemble family information, asset details and attorney-ready materials so the sale and estate settlement can move through the Clay County case. |
Self-help resources
| Resource | How it helps Clay County families | Contact |
|---|---|---|
| Clay County Circuit Clerk | Filing office for Clay County probate matters, original wills, fee questions, copies and case lookup questions. | 111 E. Chestnut St., Louisville, IL 62858. Mailing: P.O. Box 100, Louisville, IL 62858. Phone: (618) 665-3523. Website: https://claycounty.illinois.gov/department/ |
| Illinois Legal Aid Online | Provides Illinois estate-settlement guides and a small estate affidavit tool for matters that fit 755 ILCS 5/Art. XXV. | https://www.illinoislegalaid.org/ |
| Land of Lincoln Legal Aid, Southern Regional Office | Legal aid provider whose service area includes Clay County. The Mount Vernon satellite office may be closer for some Clay County residents. | Carbondale office: 509 South University Avenue, Third Floor, Carbondale, IL 62901, (618) 457-7800, toll free (800) 642-5335. Mount Vernon satellite: 1702 Broadway, Suite B, Mount Vernon, IL 62864, (618) 244-3924. Website: https://lincolnlegal.org/locations/ |
When to hire an attorney
A lawyer makes sense in Clay County when real estate must be sold, heirs disagree, the will is unclear, creditors need to be handled, an evidentiary hearing is likely, or the representative needs help with independent administration under 755 ILCS 5/Art. XXVIII. Illinois estate representatives act for beneficiaries and creditors, so court filings for a decedent's estate often require legal judgment. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, insurance, investments and other assets before you decide whether Clay County probate is needed.
Generate the probate packet. Sunset helps organize the family information, asset details and draft materials needed for estate settlement, including petitions that support a request for letters of office under 755 ILCS 5.
Find a local probate attorney. When a Clay County estate needs court filings, real estate work, creditor handling or a contested hearing, Sunset can connect the family with an Illinois probate attorney familiar with estate settlement in circuit court.
Sunset is free for families. Families can use Sunset to organize the estate, identify next steps and get matched with probate help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Clay County?
File with the Clay County Circuit Clerk at the Clay County Courthouse, 111 E. Chestnut St., Louisville, IL 62858. Mail for the clerk goes to P.O. Box 100, Louisville, IL 62858.
Does Clay County have a separate probate division?
No. Clay County probate is handled in the Circuit Court of the Fourth Judicial Circuit as a probate case category. The Fourth Circuit publishes local probate rules, including Rule 13 for probate cases.
Can I e-file a Clay County probate petition?
Probate petitions are generally filed through eFileIL. An original will cannot be e-filed, so deliver or mail the original will to the Clay County Circuit Clerk.
What does it cost to open a Clay County estate?
Clay County does not publish an online decedent-estate fee amount. Ask the Circuit Clerk for the current Schedule 2 filing and Schedule 1 appearance amounts under 705 ILCS 105/27.1b. The statutory fee for filing a will alone is $0, as of August 17, 2026, under 755 ILCS 5/6-1.
Can I attend a Clay County probate hearing by Zoom?
For routine, non-evidentiary probate hearings, remote attendance by Zoom is available without advance permission under Illinois Supreme Court Rule 45 and Fourth Circuit Rule 10-8, unless the judge requires in-person attendance for that matter. Documents for a remote hearing must be submitted at least 48 hours before the hearing in PDF format through the county e-filing system or to a designated Dropbox account under Rule 10-8(f)(4).
What Zoom information does Clay County publish?
The Clay County Circuit Clerk page publishes Zoom ID 615 746 1907 and password 62858 for Civil Court and Criminal/Traffic Court. Fourth Circuit Rule 10-8 also requires attorneys, parties and witnesses to sign in with their first and last names, and attorneys must prefix their first name with Attorney.
How do I look up a Clay County probate case?
The Circuit Clerk links Clay County case lookup to Judici at http://www.judici.com/courts/cases/case_search.jsp?court=IL013015J. If a probate case does not appear online, call the Circuit Clerk at (618) 665-3523.
Do I have to travel to Louisville for estate settlement?
You may need to deliver or mail an original will to the Clay County Circuit Clerk, and some hearings may require in-person attendance if the judge orders it. Routine, non-evidentiary probate hearings can usually be attended remotely under Illinois Supreme Court Rule 45 and Fourth Circuit Rule 10-8.
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.