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Edwards County, IL Probate Information
Quick facts
| Item | Edwards County probate information |
|---|---|
| Court | The Circuit Court of the Second Judicial Circuit, Edwards County |
| Filing office | Edwards County Circuit Clerk, Edwards County Courthouse |
| Courthouse address | 50 East Main Street, Suite 7, Albion, IL 62806 |
| Mailing | Mail probate papers and any original will to the Circuit Clerk at 50 East Main Street, Suite 7, Albion, IL 62806 |
| Phone | (618) 445-2016 |
| Fax | (618) 445-4943 |
| [email protected] | |
| Hours | Monday through Friday, 8 a.m. to 4 p.m. |
| Filing fee | Illinois probate filing fees are set under 705 ILCS 105/27.1b by county ordinance or resolution. Confirm the current Edwards County amount with the Circuit Clerk before filing. |
| Local forms | No Edwards County decedent-estate probate packet or local cover sheet is published by the Circuit Clerk. |
| E-filing | E-filing is required in Illinois civil cases, including probate, under Illinois Supreme Court Rule 9(a). Self-represented filers may use the Rule 9(d) exemption process if they cannot e-file. An original will cannot be e-filed under Rule 9(c)(1) and must be delivered or mailed to the Circuit Clerk. |
| E-filing help | The Edwards County Courthouse has an e-filing kiosk in the Circuit Clerk's office. |
| Case search | Judici public case search for Edwards County: https://www.judici.com/courts/index.jsp?court=IL024015J. If an estate does not appear, call the Circuit Clerk. |
| Remote appearance | Second Judicial Circuit Local Rule 24 allows remote or in-person appearances for status hearings and conferences without advance approval. Evidentiary hearings require in-person appearance unless the judge approves remote appearance. |
| Website | https://www.edwardscircuitclerk.com/ |
Before you begin — know the assets and liabilities
Before you file anything in Edwards County, list the assets, debts, likely heirs, known creditors and any real estate. The right estate settlement path depends on what exists, who has authority to act, and whether the family needs letters of office under 755 ILCS 5 to collect, sell or transfer property.
Sunset's 2,300-institution asset discovery helps families look for accounts before they choose a probate route or prepare a petition. That inventory also helps the Edwards County filing stay focused when you work with the Circuit Clerk, a self-help center, or a probate attorney.
Which court handles jurisdiction
Edwards County probate is handled at the Edwards County Courthouse in Albion by the Edwards County Circuit Clerk. The page is for estates with Illinois venue in Edwards County, including matters connected to Albion and West Salem.
Edwards County is part of the Second Judicial Circuit with Hardin, Gallatin, White, Hamilton, Franklin, Wabash, Wayne, Jefferson, Richland, Lawrence and Crawford Counties. That shared circuit does not change where you file. If venue belongs in Edwards County, file with the Edwards County Circuit Clerk in Albion. Illinois venue is the county where the decedent had a known place of residence, or, if there is no Illinois residence, the county holding the greater part of the decedent's real estate, or, if there is no Illinois real estate, the county holding the greater part of the personal estate (755 ILCS 5/5-1).
The jurisdiction process
- Locate the will and the asset list. Anyone holding the will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1). In Edwards County, an original will is delivered or mailed to the Circuit Clerk at 50 East Main Street, Suite 7, Albion, IL 62806, because Illinois Supreme Court Rule 9(c)(1) does not allow original wills to be e-filed.
- Prepare the petition and supporting papers. If a court estate is needed, prepare the petition to admit the will and issue letters of office under 755 ILCS 5/6-2, or the appropriate administration petition if there is no will. Illinois has no statewide standardized decedent-estate packet, and Edwards County publishes no local probate packet, so confirm local formatting with the Circuit Clerk before filing.
- Address heirship. Illinois requires heirship to be determined in probate (755 ILCS 5/5-3). Second Judicial Circuit Local Rule 20 allows heirship proof by testimony, affidavit, or deposition, and requires a separate proposed Order Declaring Heirship when a Section 5-3 affidavit is filed.
- E-file the petition and pay the local filing fee. Probate petitions are e-filed under Illinois Supreme Court Rule 9(a) unless the filer has an exemption under Rule 9(d). Illinois fees are set locally under 705 ILCS 105/27.1b, so call the Edwards County Circuit Clerk at (618) 445-2016 to confirm the current probate filing amount before submission.
- Attend the first court setting. The judge reviews the petition, heirship materials and proposed order. Under Article XXVIII of the Illinois Probate Act of 1975, independent administration is granted unless the will forbids it or an interested person properly objects (755 ILCS 5/28-2). Second Judicial Circuit Local Rule 24 allows remote appearance for status hearings and conferences, but evidentiary hearings require in-person appearance unless the judge approves remote appearance.
- Qualify as representative and receive authority. The representative takes the oath and addresses bond under 755 ILCS 5/12-2. If the court appoints the representative, the Clerk issues letters of office under 755 ILCS 5, called letters testamentary when issued to an executor under an admitted will and letters of administration when issued in an intestate estate.
- Give required notices. After appointment, send the required notice to heirs and legatees within 14 days under 755 ILCS 5/6-10. Publish the creditor notice once each week for 3 successive weeks in a newspaper published in the county where the estate is administered, file proof of publication, and calendar the claims period, which runs at least six months from first publication under 755 ILCS 5/18-3.
- Administer and close the estate. Gather assets, keep records, file any required inventory under Article XIV, pay allowed claims, handle any sale or transfer issues, and close with the accounting or independent administration closing steps that apply under Article XXIV and Article XXVIII.
Forms and documents
Probate forms in Edwards County
Illinois does not publish a statewide standardized decedent-estate probate form set. The statewide forms that may matter in an Edwards County probate filing include the Appearance, the Fee Waiver for Civil Cases application, and the Certification for Exemption From E-filing.
The Edwards County Circuit Clerk publishes a court forms page, but it does not publish a county decedent-estate packet, probate cover sheet, petition for letters of office, inventory form, or local small-estate form. If you are opening a court estate, ask the Circuit Clerk what local formatting or proposed orders the judge expects before you file.
Second Judicial Circuit Local Rule 20 is important for form preparation because it requires a separate proposed Order Declaring Heirship when a Section 5-3 heirship affidavit is filed.
Local nuance
Edwards County-specific considerations
| Local point | What it means in Edwards County |
|---|---|
| Heirship under Second Judicial Circuit Rule 20 | Proof of heirship may be made by testimony in open court, by affidavit under Section 5-3 of the Probate Act, or by deposition. An heirship affidavit must include the date and place of death, surviving spouse information, names of children, descendants of deceased children, and how the affiant is related to the decedent. When a Section 5-3 affidavit is filed, the representative must submit a separate proposed Order Declaring Heirship. |
| Remote appearance under Second Judicial Circuit Rule 24 | Status hearings and conferences may be remote or in person without advance approval. Hearings with evidence are in person unless the judge approves remote appearance. |
| Library-based self-help | The Second Circuit Legal Self-Help Centers program includes Edwards County locations at Albion Public Library and West Salem Public Library. The program provides legal information and may offer free legal coaching, document review, e-filing help and referrals for eligible self-represented civil litigants in the circuit. |
Recent updates
Scenarios
| Situation | Likely Edwards County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by confirming how title is held and whether any assets require letters of office under 755 ILCS 5. If a court estate is needed, file in Albion with the Edwards County Circuit Clerk and be ready to address heirship under Second Judicial Circuit Local Rule 20. | Sunset helps identify accounts, organize title and debt information, and prepare the family for an attorney or a probate filing. |
| Out-of-state adult child with a small estate | If a non-court affidavit route fits, you may not need to open a court estate. If a petition is needed, most papers can be e-filed, but any original will must be mailed or delivered to the Edwards County Circuit Clerk. | Sunset helps decide what assets exist, gathers institution details, and creates an estate settlement checklist before you contact the clerk or a lawyer. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires court authority or clear title work. File the probate case with the Edwards County Circuit Clerk, prepare heirship materials, and ask whether the first setting can be remote under Second Judicial Circuit Local Rule 24. | Sunset organizes assets, debts, heirs and property information, then connects the family with a vetted Illinois probate attorney when a sale or court order is needed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Edwards County Circuit Clerk | Probate filing office for Edwards County. Contact the clerk for filing logistics, current fees, e-filing questions, and delivery of an original will. | 50 East Main Street, Suite 7, Albion, IL 62806. Phone: (618) 445-2016. Website: https://www.edwardscircuitclerk.com/ |
| Second Circuit Legal Self-Help Centers | Provides legal information for people who cannot retain an attorney, including some pleadings, e-filing help, document review, referrals, and free legal coaching for eligible self-represented civil litigants in the circuit. | Edwards County locations include Albion Public Library and West Salem Public Library. Chief Judge's office contact: (618) 244-8036. |
| Land of Lincoln Legal Aid, Southern Regional Office | Legal aid program serving Edwards County and other southern Illinois counties. | 509 South University Avenue, Third Floor, Carbondale, IL 62901. Phone: (618) 457-7800. Toll-free: (800) 642-5335. |
| Illinois Courts approved statewide forms | Statewide forms that Illinois courts must accept. For probate-related filings, the useful forms include the Certification for Exemption From E-filing, Fee Waiver for Civil Cases, and Appearance. | https://www.illinoiscourts.gov/documents-and-forms/approved-forms/ |
| eFileIL | Statewide electronic filing system for Illinois civil cases, including probate filings other than original wills. | https://efile.illinoiscourts.gov/ |
| Illinois Legal Aid Online estate guide | Plain-language statewide information about settling an estate after someone dies. | https://www.illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies |
When to hire an attorney
A probate attorney is most useful when heirs disagree, the estate includes a house that must be sold, creditors need to be managed, a bond question comes up, or you are unsure whether a filing should ask for independent administration under Article XXVIII of the Illinois Probate Act of 1975. A representative who is handling estate litigation or another person's legal interests should get legal advice before filing papers without counsel. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, balances and other assets before choosing an estate settlement path in Edwards County.
Generate the probate packet. Sunset turns what you know about the family, assets, debts and heirs into an organized probate packet for review and filing with the Edwards County Circuit Clerk.
Find a local probate attorney. When the estate needs court guidance, a home sale, creditor strategy, or help with letters of office under 755 ILCS 5, Sunset connects the family with a vetted Illinois probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, find assets and understand the next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Edwards County?
File with the Edwards County Circuit Clerk at the Edwards County Courthouse, 50 East Main Street, Suite 7, Albion, IL 62806. Edwards County is in the Second Judicial Circuit, but probate for an Edwards County venue case is filed with the Edwards County Circuit Clerk, not with another county in the circuit. Illinois venue starts with the decedent's known county of residence, then moves 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).
Can I e-file an Edwards County probate case?
Yes. Illinois Supreme Court Rule 9(a) requires e-filing in civil cases, including probate. A self-represented filer who cannot e-file may file the standardized Certification for Exemption From E-filing under Rule 9(d), and the Edwards County Courthouse has an e-filing kiosk in the Circuit Clerk's office.
Can I e-file the original will in Edwards County?
No. Illinois Supreme Court Rule 9(c)(1) says original wills may not be electronically filed. Deliver or mail the original will to the Edwards County Circuit Clerk at 50 East Main Street, Suite 7, Albion, IL 62806.
Does Edwards County have local probate forms?
No Edwards County decedent-estate probate packet or local cover sheet is published by the Circuit Clerk. Illinois courts must accept the approved statewide standardized forms, but those forms do not include a full decedent-estate probate packet.
How much is the probate filing fee in Edwards County?
Call the Edwards County Circuit Clerk at (618) 445-2016 before filing to confirm the current probate filing fee. Illinois circuit clerk fees are governed by 705 ILCS 105/27.1b and are set locally by county ordinance or resolution, so there is no single statewide probate filing fee.
Can I appear remotely in an Edwards County probate hearing?
Second Judicial Circuit Local Rule 24 allows case participants to appear remotely or in person without advance approval for status hearings and conferences. If evidence will be presented, you must appear in person unless the judge approves a remote appearance.
Can I look up an Edwards County probate case online?
Edwards County has a public Judici page at https://www.judici.com/courts/index.jsp?court=IL024015J. Judici is a vendor search tool. If the estate case does not appear there, call the Circuit Clerk at (618) 445-2016.
Do I have to travel to Albion to start probate?
Most petition papers are e-filed, and the Circuit Clerk's office can answer local filing questions by phone. If there is an original will, it cannot be e-filed and must be mailed or delivered to the Circuit Clerk. Remote appearance may be available for some non-evidentiary court dates under Second Judicial Circuit Local Rule 24.
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.