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Clinton County, IL Probate Information
Quick facts
| Item | Clinton County probate information |
|---|---|
| Court | Circuit Court of the Fourth Judicial Circuit, Clinton County |
| Filing office | Clinton County Circuit Clerk, 850 Fairfax Street, Room 220, Carlyle, IL 62231 |
| Mailing address | Use 850 Fairfax Street, Room 220, Carlyle, IL 62231 unless the Circuit Clerk gives different instructions. |
| Phone | (618) 594-6615 |
| Fax | (618) 594-0197 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. Call before visiting to confirm current counter hours. |
| Filing fee | Administration of Decedent's Estate: $356.00, fee page effective July 1, 2019 as printed. Confirm the current total with the Circuit Clerk before filing. |
| Local forms | The clerk has an online court forms page, but no Clinton County decedent-estate probate packet is listed. Illinois has no statewide standardized decedent-estate probate forms. |
| E-filing | Required in Illinois civil cases, including probate. A self-represented filer may use the Certification for Exemption From E-filing if Rule 9(d) applies. An original will cannot be e-filed and must be delivered or mailed to the Circuit Clerk under Illinois Supreme Court Rule 9(c)(1). |
| Case search | Judici Clinton County search: https://www.judici.com/courts/cases/case_search.jsp?court=IL014015J. If an estate matter does not appear, call the Circuit Clerk. |
| Remote appearance | Available in civil matters at the judge's discretion under Fourth Judicial Circuit Rule 10-8, using Zoom unless the Chief Judge designates another vendor. |
| Website | https://clintoncountycircuitclerk.com/ |
Before you begin — know the assets and liabilities
Before filing in Clinton County, list the assets, debts, family members, will status, and any real estate. The filing path depends on what is in the decedent's name, whether an original will exists, who has priority to serve, and whether the estate needs letters of office under 755 ILCS 5.
Sunset's estate settlement process includes asset discovery across more than 2,300 institutions, which can help you decide whether a court estate is needed before you pay the Clinton County filing fee or prepare Fourth Judicial Circuit probate papers.
Which court handles jurisdiction
One courthouse filing office serves Clinton County: the Clinton County Circuit Clerk at 850 Fairfax Street, Room 220, Carlyle. File a Clinton County estate there, not in another Fourth Judicial Circuit county.
Clinton County is in the Fourth Judicial Circuit with Marion, Clay, Fayette, Effingham, Jasper, Montgomery, Shelby, and Christian Counties. The circuit shares administration and local rules, but each county keeps its own filing counter.
Illinois probate venue is the county of the decedent's known place of residence, then the county where the greater part of the real estate is located, then the county where the greater part of the personal estate is located (755 ILCS 5/5-1).
The jurisdiction process
- Locate the original will, if there is one. Anyone holding the will must file it with the proper Circuit Clerk immediately after death (755 ILCS 5/6-1). In Clinton County, deliver or mail the original will to the Circuit Clerk in Carlyle because original wills cannot be e-filed under Illinois Supreme Court Rule 9(c)(1).
- Prepare the probate petition and supporting documents. For a will, the petition asks to admit the will and issue letters of office under 755 ILCS 5/6-2 and 755 ILCS 5/6-8. Follow Fourth Judicial Circuit Rule 13-2 if the will is handwritten or in a language other than English.
- E-file the petition and supporting papers unless an e-filing exemption applies. Self-represented filers who cannot e-file may use the statewide Certification for Exemption From E-filing under Rule 9(d).
- Pay the Clinton County filing fee. The Circuit Clerk's fee page lists Administration of Decedent's Estate at $356.00, fee page effective July 1, 2019 as printed. Confirm the current amount with the Circuit Clerk before filing.
- Prove heirship. Fourth Judicial Circuit Rule 13-3 allows heirship to be proved by testimony in open court or by affidavit under 755 ILCS 5/5-3, and requires a proposed Order Declaring Heirship when the affidavit is filed.
- Ask the court to appoint the representative. Illinois generally grants independent administration under Article XXVIII unless the will forbids it or an interested person objects as provided in 755 ILCS 5/28-2.
- File the oath and bond. Illinois requires an oath and bond for an individual representative (755 ILCS 5/12-2), and Fourth Judicial Circuit Rule 13-4(b) requires the bond to be written and signed even if the will excuses security.
- Obtain letters of office from the Circuit Clerk after the court signs the appointment order and the representative qualifies (755 ILCS 5). Clinton County's fee page lists letters of office at $2.00 each, fee page effective July 1, 2019 as printed.
- Send required notices. After appointment, the representative gives notice to heirs and legatees as required by 755 ILCS 5/6-10 and handles any publication needed when an address is not stated.
- Publish the creditor notice in a newspaper published in the county where the estate is administered, once each week for three successive weeks, and file proof of publication with the clerk. The claims date must be at least six months from first publication or three months from mailing or delivery, whichever is later (755 ILCS 5/18-3).
- Inventory, administer, and close the estate. The representative gathers assets, pays allowed claims, handles taxes and expenses, and accounts to the court or to interested persons as required by the Illinois Probate Act. In Clinton County, Fourth Judicial Circuit Rule 13-8 and Rule 13-9 set local accounting and status-check requirements, including a 14-month status date for independent administration under Article XXVIII.
Forms and documents
Probate forms in Clinton County
The Clinton County Circuit Clerk has an online court forms page at https://clintoncountycircuitclerk.com/online-court-forms/, but no probate-specific petition, order, oath, inventory, account, or small-estate template is listed there for decedent estates. Illinois also has no statewide standardized decedent-estate probate form set.
For a Clinton County estate settlement, expect the petition, proposed order, oath, bond, inventory, and accounting papers to be drafted for the case. The statewide forms that may still matter are the Appearance, the Application for Waiver of Court Fees for a civil case, and the Certification for Exemption From E-filing.
Fees
The Clinton County Circuit Clerk publishes a county fee page for probate and other court filings. The page is headed effective July 1, 2019 as printed; confirm the current amount with the Circuit Clerk before filing because county fee schedules can be amended.
| Probate fee item | Amount |
|---|---|
| Administration of Decedent's Estate (PR) | $356.00, fee page effective July 1, 2019 as printed |
| Each account other than final | $25.00, fee page effective July 1, 2019 as printed |
| Claim or petition for equitable relief | $60.00, fee page effective July 1, 2019 as printed |
| Letters of office | $2.00 each, fee page effective July 1, 2019 as printed |
| Certified will copy | $6.00 plus $0.50 per page, fee page effective July 1, 2019 as printed |
| Estate claim, $150.01 to $500.00 | $25.00, fee page effective July 1, 2019 as printed |
| Estate claim, $500.01 to $10,000.00 | $40.00, fee page effective July 1, 2019 as printed |
| Estate claim over $10,000.00 | $60.00, fee page effective July 1, 2019 as printed |
Illinois circuit clerk fees are set under 705 ILCS 105/27.1b through county action and clerk publication, which is why Clinton County uses its own published amounts instead of a statewide probate filing fee.
Local nuance
Clinton County-specific considerations
Fourth Judicial Circuit Rule 13 applies to probate proceedings in Clinton County. Rule 13-2 adds local filing details for wills: a handwritten will must be accompanied by a typewritten copy and affidavit, a non-English will must be accompanied by a typewritten English copy and a qualified translator's certification, and other wills must have a copy attached to the petition in addition to the requirements of 755 ILCS 5/6-2.
Rule 13-3 allows proof of heirship by testimony in open court or by affidavit under 755 ILCS 5/5-3. The rule lists required heirship affidavit details and requires a separate proposed Order Declaring Heirship when the affidavit is filed.
Rule 13-4(b) is an important Clinton County probate rule: regardless of whether the will excuses security, the representative's bond must be in writing and signed. That local rule changes the practical paperwork for the statewide oath and bond step under 755 ILCS 5/12-2.
Rule 13-8 requires an executor or administrator to present the account required by the Illinois Probate Act within 14 months after letters issue, annually after the first account, and at other times ordered by the court. Rule 13-9 sets a status date 14 months after an order granting independent administration under Article XXVIII and 755 ILCS 5/28-2.
Remote appearances are governed by Fourth Judicial Circuit Rule 10-8. Zoom is the designated vendor unless the Chief Judge designates another option, status hearings may be handled by telephone on terms set by the judge, and proposed exhibits, proposed orders, and agreements for a remote hearing must be submitted in PDF format at least 48 hours before the hearing.
Recent updates
| Change | What it means in Clinton County |
|---|---|
| Fourth Judicial Circuit Rule 13, adopted October 2, 2020 | Creates circuit-wide probate rules on will admission, heirship proof, written bonds, dormant estates, periodic accounting, independent administration under Article XXVIII, and settlement of minors' and wards' claims. |
| Fourth Judicial Circuit Rule 10-8, adopted October 2, 2020 | Sets the circuit's remote-appearance process, including Zoom as the designated vendor, a 48-hour PDF submission rule for remote-hearing materials, and a way to request an in-person appearance if technology is unavailable. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Clinton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Assets held in joint tenancy or with a beneficiary designation may pass outside the estate. For assets in the decedent's sole name, the spouse e-files the petition, delivers or mails the original will to the Circuit Clerk in Carlyle, and should budget for the $356.00 Administration of Decedent's Estate filing fee, fee page effective July 1, 2019 as printed. | Sunset identifies accounts, flags assets that may pass outside probate, organizes the estate settlement file, and helps prepare for a Clinton County filing if letters of office are needed under 755 ILCS 5. |
| Out-of-state adult child with small estate | Many steps can be handled from outside Illinois through e-filing and phone contact with the Circuit Clerk. The original will still must be delivered or mailed to Carlyle. Fourth Judicial Circuit Rule 10-8 allows remote appearances in civil matters at the judge's discretion, and Rule 13-3 allows proof of heirship by affidavit in appropriate uncontested matters. | Sunset helps find accounts, organize debts and heirs, and determine whether the family should ask a Clinton County attorney to review the estate settlement before filing. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires court authority and letters of office under 755 ILCS 5. The representative must file a written, signed bond under Fourth Judicial Circuit Rule 13-4(b), publish creditor notice under 755 ILCS 5/18-3, and plan around the local 14-month status process for independent administration under Article XXVIII. | Sunset gathers asset and debt information, creates an organized attorney handoff, and connects the family with a vetted Illinois probate attorney serving Clinton County. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Clinton County Circuit Clerk | Filing office for Clinton County estates, fee questions, original wills, letters of office, and case counter questions. | 850 Fairfax Street, Room 220, Carlyle, IL 62231. (618) 594-6615. [email protected]. https://clintoncountycircuitclerk.com/ |
| Clinton County Circuit Court fees page | County fee page for probate filing fees, claim fees, letters of office, and certification charges. | https://clintoncountycircuitclerk.com/court-fees/ |
| Fourth Judicial Circuit Rules of Practice | Local rules that apply in Clinton County, including Rule 13 for probate proceedings and Rule 10-8 for remote appearances. | https://fourthcircuitil.com/wp-content/uploads/2020/12/Rules-Of-Practice-Amended-10-2-20.pdf |
| Land of Lincoln Legal Aid, Central Regional Office | Free civil legal help for eligible low-income people in its service area, including Clinton County. Ask whether it can help with the estate issue before relying on it. | Dorothy O. Cook Community Law Center, 8787 State Street, Suite 101, East St. Louis, IL 62203. (618) 398-0958. https://lincolnlegal.org/locations/ |
| Illinois Legal Aid Online, how do I settle an estate after someone dies | Plain-language statewide guide to estate settlement after a death. | https://www.illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies |
| Illinois Courts approved statewide standardized forms | Forms every Illinois court must accept. For probate, the commonly relevant forms are the Appearance, fee waiver application for civil cases, and Certification for Exemption From E-filing. | https://www.illinoiscourts.gov/documents-and-forms/approved-forms/ |
| eFileIL | Statewide electronic filing system for Illinois civil cases, including probate filings that are not original wills. | https://efile.illinoiscourts.gov/ |
When to hire an attorney
A lawyer is especially useful in a Clinton County estate settlement when the estate includes farmland or a house that must be sold, heirs disagree, a creditor files a claim, a will contest is possible, or the representative needs help with the Fourth Judicial Circuit's written-bond requirement. Illinois law also limits a non-lawyer's ability to represent another person's legal interests. Sunset connects families with a vetted Illinois probate attorney serving Clinton County.
How Sunset helps
Find the accounts and assets. Sunset searches across financial institutions, insurance carriers, employers, and other sources so the family can see what may belong in the estate settlement before choosing a probate path.
Generate the probate packet. Sunset helps organize the asset list, family information, debts, and court-ready details needed for a Clinton County probate packet, including the information a lawyer or representative will need for letters of office under 755 ILCS 5.
Find a local probate attorney. If the estate needs court filings, a home sale, a creditor response, or help with Fourth Judicial Circuit probate rules, Sunset can connect the family with a vetted Illinois probate attorney serving Clinton County.
Sunset is free for families. Sunset's estate settlement platform is free for families, including account discovery, probate organization, and attorney matching when legal help is needed.
Frequently asked questions
Where do I file probate in Clinton County?
File with the Clinton County Circuit Clerk at 850 Fairfax Street, Room 220, Carlyle, IL 62231. Illinois venue starts with the county where the decedent had a known place of residence, then looks to the county with the greater part of the real estate, then the county with the greater part of the personal estate (755 ILCS 5/5-1).
Do I have to e-file a Clinton County probate case?
Yes. Probate filings are civil filings, and Illinois Supreme Court Rule 9(a) requires e-filing unless an exception or exemption applies. A self-represented filer who cannot e-file may use the Certification for Exemption From E-filing under Rule 9(d). The original will is different: it cannot be e-filed and must be delivered or mailed to the Circuit Clerk under Rule 9(c)(1).
How much does probate cost in Clinton County?
The Clinton County fee page lists Administration of Decedent's Estate at $356.00, fee page effective July 1, 2019 as printed. Confirm the current total with the Circuit Clerk before filing.
Can I appear remotely in Clinton County probate?
Possibly. Fourth Judicial Circuit Rule 10-8 allows remote appearances in civil matters at the judge's discretion, generally using Zoom. Proposed exhibits, proposed orders, and agreements for a remote hearing must be submitted in PDF format at least 48 hours before the hearing under the circuit rule.
Are there Clinton County probate forms?
The Clinton County Circuit Clerk has a general forms page, but no Clinton County decedent-estate probate packet is listed there. Illinois has no statewide standardized decedent-estate probate forms, so many probate papers are drafted for the particular estate.
How do I look up a Clinton County probate case?
The Circuit Clerk links to Judici for Clinton County cases at https://www.judici.com/courts/cases/case_search.jsp?court=IL014015J. Judici may not show every probate matter, so call the Circuit Clerk if an estate case is not listed.
Do I have to travel to Carlyle?
Many documents can be e-filed, and remote appearances may be allowed at the judge's discretion under Fourth Judicial Circuit Rule 10-8. The original will still must be delivered or mailed to the Circuit Clerk in Carlyle, and the judge may require an in-person appearance for a particular matter.
Does Clinton County require a written bond?
Yes. Fourth Judicial Circuit Rule 13-4(b) requires the representative's bond to be in writing and signed, even where the will excuses security. That local rule adds a Clinton County step to the statewide oath and bond requirement in 755 ILCS 5/12-2.
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.