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Fayette County, IL Probate Information
Quick facts
| Item | Fayette County probate information |
|---|---|
| Court | Circuit Court of the Fourth Judicial Circuit, Fayette County |
| Filing office | Fayette County Circuit Clerk, Fayette County Courthouse, 221 South 7th Street, Room 112, Vandalia, IL 62471 |
| Mailing address | Fayette County Circuit Clerk, 221 South 7th Street, Room 112, Vandalia, IL 62471 |
| Phone | (618) 283-5009 |
| Fax | (618) 283-4490 |
| [email protected] | |
| Hours | Monday through Friday, 8 a.m. to 4 p.m. |
| Probate filing fee | $256 under the Fayette County Filing Fees Schedule, Revised 10/2020. Confirm the current amount with the Circuit Clerk before filing. |
| Local probate forms | No Fayette County decedent-estate probate forms are published on the Circuit Clerk site. |
| E-filing | Required in Fayette County civil cases, including probate. Self-represented filers who cannot e-file may use the statewide Certification for Exemption From E-filing under Illinois Supreme Court Rule 9(d). |
| Original will | An original will cannot be e-filed under Illinois Supreme Court Rule 9(c)(1). Deliver or mail it to the Circuit Clerk in Vandalia. |
| Case search | Fayette County uses judici.com. The Circuit Clerk states that probate cases are among the searchable case types, but contact the Circuit Clerk if an estate does not appear. |
| Remote appearance | The Circuit Clerk publishes a Civil Court Zoom meeting ID, 331 447 0031. Remote appearance remains subject to Fourth Judicial Circuit Rule 10-8 and the court's direction. |
| Website | Fayette County Circuit Clerk |
Before you begin — know the assets and liabilities
Before filing in Fayette County, make a working list of the decedent's accounts, debts, vehicles, real estate and beneficiary designations. That inventory helps you decide whether the estate needs court authority, whether an original will must be delivered to the Circuit Clerk, and whether a sale of real estate will require letters of office under 755 ILCS 5.
Sunset's estate settlement platform searches more than 2,300 financial institutions for accounts and assets, then helps organize the information needed for Fayette County filing, notices and attorney review.
Which court handles jurisdiction
The Fayette County Courthouse in Vandalia serves probate filings for Fayette County. File with the Fayette County Circuit Clerk at 221 South 7th Street, Room 112, Vandalia, IL 62471.
Fayette County is part of the Fourth Judicial Circuit with Clinton, Marion, Clay, Effingham, Jasper, Montgomery, Shelby and Christian Counties. The circuit shares administration, but a Fayette County estate is filed with the Fayette County Circuit Clerk, not with another county's clerk.
Illinois venue is set by the Illinois Probate Act of 1975: file in the county where the decedent had a known place of residence, then, if there is no Illinois residence, where the greater part of the real estate is located, then where the greater part of the personal estate is located (755 ILCS 5/5-1).
The jurisdiction process
- Identify the assets, debts, heirs and any will before you file. If someone has the will, it must be filed with the proper Circuit Clerk immediately after death (755 ILCS 5/6-1), and a person named as executor has 30 days from learning of the appointment to open a case or decline (755 ILCS 5/6-3).
- E-file the petition and supporting papers through eFileIL unless you qualify for and file the statewide Certification for Exemption From E-filing under Illinois Supreme Court Rule 9(d). Fayette County states that civil cases must be filed electronically.
- Deliver or mail the original will to the Fayette County Circuit Clerk at 221 South 7th Street, Room 112, Vandalia, IL 62471. Original wills cannot be e-filed under Illinois Supreme Court Rule 9(c)(1).
- Pay the Fayette County probate filing fee. The county schedule, Revised 10/2020, lists Probate at $256, but you should confirm the current total with the Circuit Clerk before filing.
- Prepare the heirship proof required by Illinois law and Fourth Judicial Circuit Rule 13-3. Heirship may be proved by open-court testimony or by affidavit under 755 ILCS 5/5-3, and the local rule requires a proposed order declaring heirship.
- If the court admits the will or appoints a representative, the court issues letters of office under 755 ILCS 5. On a will, those letters are letters testamentary under 755 ILCS 5/6-8; without a qualifying will, the Probate Act uses letters of administration in Article IX.
- Complete the oath and bond step. Illinois requires an oath and bond before a representative acts (755 ILCS 5/12-2), and Fourth Judicial Circuit Rule 13-4(b) requires the representative's bond to be written and signed even when security is excused.
- Send notice to heirs and legatees within 14 days after the order, with publication if an address is not stated (755 ILCS 5/6-10). Follow the court's directions for any hearing, including whether the Civil Court Zoom meeting ID may be used under Rule 10-8.
- Publish the claims notice once each week for 3 successive weeks in a newspaper published in the county, then file proof of publication. The claims date must be not less than six months from first publication or 3 months from mailing or delivery, whichever is later (755 ILCS 5/18-3). Claims that could have been barred are barred 2 years after death whether or not letters issue (755 ILCS 5/18-12).
- Administer and close the estate. Inventory and account under the Probate Act, pay valid claims and expenses, distribute remaining property, and close the case. In Fayette County, Rule 13-8 requires the first account within 14 months after letters issue, and Rule 13-9 sets a 14-month status date after independent administration is granted under Article XXVIII and 755 ILCS 5/28-2.
Forms and documents
Probate forms in Fayette County
Fayette County does not publish local decedent-estate probate forms on the Circuit Clerk website. The Circuit Clerk's site provides e-filing guidance and a Fayette County filing fee schedule, but it does not publish a probate petition, order, oath, inventory, account or small-estate template.
Illinois also does not publish a statewide standardized decedent-estate probate packet. The statewide forms that may matter in a Fayette County estate are the Appearance, the Fee Waiver for Civil Cases, and the Certification for Exemption From E-filing, all of which Illinois courts must accept.
If the will is handwritten or in a language other than English, Fourth Judicial Circuit Rule 13-2 adds local filing requirements. A handwritten will requires a typewritten copy and an affidavit of accuracy, and a non-English will requires a typewritten English copy with a qualified translator's certification.
Fees
Fayette County publishes its own filing fee schedule, headed Revised 10/2020. Because Illinois circuit clerk fees are set locally under 705 ILCS 105/27.1b and the posted Fayette County schedule is dated, confirm the current total with the Circuit Clerk before filing.
| Fee item | Amount |
|---|---|
| Probate filing | $256, Revised 10/2020 |
| Certified copies of letters | $2, Revised 10/2020 |
| Estate claim, $150.01 to $500 | $25, Revised 10/2020 |
| Estate claim, $501.01 to $10,000 | $40, Revised 10/2020 |
| Estate claim, $10,000.01 or more | $60, Revised 10/2020 |
| Probate jury demand, 6 person | $68.75, Revised 10/2020 |
| Probate jury demand, 12 person | $137.50, Revised 10/2020 |
| Reproductions, first page | $1, Revised 10/2020 |
| Reproductions, pages 2 to 20 | $0.50 per page, Revised 10/2020 |
| Reproductions, pages 21 and after | $0.25 per page, Revised 10/2020 |
| Authentication | $6, Revised 10/2020 |
Local nuance
Fayette County-specific considerations
Fourth Judicial Circuit Rule 13 applies to Fayette County probate cases and adds several local requirements on top of the statewide Probate Act.
| Local rule | What it means in Fayette County |
|---|---|
| Rule 13-2 | A handwritten will requires a typewritten copy and an affidavit that the copy is accurate. A will in a language other than English requires a typewritten English copy with a qualified translator's certification. Other will petitions attach a copy of the will believed to be the valid last will. |
| Rule 13-3 | Heirship can be proved by testimony in open court or by affidavit under 755 ILCS 5/5-3. The affidavit must include detailed family, civil union and diligence information, and the representative must submit a proposed order declaring heirship. |
| Rule 13-4(b) | Even when the will excuses security or the Probate Act would excuse it, the representative's bond must be in writing and signed by the representative. |
| Rule 13-7 | If an estate has no activity for at least one year, the court may set it for a status call and direct notice. |
| Rule 13-8 | Executors and administrators must present the first account within 14 months after letters issue, then annually and as ordered by the court. |
| Rule 13-9 | When the court grants independent administration under Article XXVIII and 755 ILCS 5/28-2, the case receives a status date 14 months after the order. |
| Rule 13-12 | A guardian ad litem appointed in a probate case is compensated at $150 per hour under Rule 13 last amended 7/12/24, unless the court orders otherwise for good cause or the parties agree. |
| Rule 10-8 | Remote appearances use Zoom when allowed by Supreme Court Rule 45 or by court order. The Fayette County Circuit Clerk publishes the Civil Court Zoom meeting ID for civil matters. |
Recent updates
Scenarios
| Scenario | Likely Fayette County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Jointly owned property or property with a beneficiary designation may pass outside the probate case. If assets were in the decedent's sole name, the spouse files with the Fayette County Circuit Clerk in Vandalia, delivers or mails the original will because it cannot be e-filed, and confirms the $256 probate filing fee listed in the Revised 10/2020 county schedule. | Sunset helps identify which assets pass outside probate and which may require letters of office under 755 ILCS 5, then organizes the estate settlement information for filing or attorney review. |
| Out-of-state adult child with a small estate | The child may be able to handle much of the process from outside Illinois because Fayette County uses e-filing and the Circuit Clerk publishes a Civil Court Zoom meeting ID. The original will still must reach the Circuit Clerk in Vandalia physically, and any remote appearance is subject to Fourth Judicial Circuit Rule 10-8. | Sunset helps locate accounts, organize documents, and flag when a court filing is needed instead of a non-court transfer. Sunset can also connect the child with a Fayette County probate attorney if local help is needed. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually requires a representative with letters of office under 755 ILCS 5. If the will is handwritten, Fourth Judicial Circuit Rule 13-2 requires a typewritten copy and an affidavit of accuracy. Certified copies of letters are $2 under the Revised 10/2020 Fayette County fee schedule, subject to confirmation with the Circuit Clerk. | Sunset helps build the asset list, prepare for heirship and creditor steps, and connect the parent with a vetted Illinois probate attorney for the real estate sale and estate settlement. |
Self-help resources
| Resource | How it helps |
|---|---|
| Fayette County Circuit Clerk | Filing office for Fayette County estates. The office lists the courthouse address, phone, fax, email, hours, e-filing guidance, fee schedule and Zoom meeting IDs. |
| Fayette County filing fee schedule | County schedule headed Revised 10/2020, including the $256 probate filing fee, Revised 10/2020, estate claim fees, certified copies of letters and copy charges. |
| Fourth Judicial Circuit of Illinois | Circuit site for Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery and Shelby Counties, including the Rules of Practice with probate Rule 13 and remote appearance Rule 10-8. |
| Land of Lincoln Legal Aid, Central Regional Office | Free civil legal help for eligible people. The office's service list includes Fayette County. Call to ask whether it can assist with the specific estate issue. |
| Illinois Legal Aid Online, estate guide | Statewide plain-language guide to settling an estate after death. |
| Illinois Courts approved statewide standardized forms | Statewide forms accepted by Illinois courts. For a Fayette County estate, the relevant forms may include Appearance, Fee Waiver for Civil Cases and Certification for Exemption From E-filing. |
| eFileIL | Statewide electronic filing system for Illinois civil cases, including probate filings other than original wills. |
When to hire an attorney
A lawyer is especially useful in Fayette County when the will is handwritten or in a language other than English, when heirs disagree, when real estate must be sold, when a creditor files a claim, or when the representative must manage the Fourth Judicial Circuit's accounting and status deadlines. Nothing in the local materials reviewed for Fayette County says that a self-represented person is barred from asking for letters of office under 755 ILCS 5, but an estate representative may need counsel when acting for the estate's legal interests. Sunset connects families to a vetted Illinois probate attorney serving Fayette County.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families identify accounts, insurance and other assets before choosing a Fayette County estate settlement path.
Generate the probate packet. Sunset helps organize the information needed for the probate petition, heirship details, notices and closing materials, then helps you tailor the packet to Fayette County filing steps and Fourth Judicial Circuit Rule 13.
Find a local probate attorney. When a Fayette County estate needs counsel, Sunset connects families with a vetted Illinois probate attorney who serves Fayette County and understands local Fourth Judicial Circuit practice.
Sunset is free for families. Sunset's estate settlement tools are free for families, including asset discovery, document organization and attorney introductions when a local lawyer is the right next step.
Frequently asked questions
Where do I file for probate in Fayette County?
File with the Fayette County Circuit Clerk at the Fayette County Courthouse, 221 South 7th Street, Room 112, Vandalia, IL 62471. Illinois venue is the county of the decedent's known place of residence, then the county holding the greater part of the real estate, then the county holding the greater part of the personal estate (755 ILCS 5/5-1).
Do I have to e-file a Fayette County probate case?
Yes. Fayette County states that civil cases must be filed electronically, and Illinois Supreme Court Rule 9(a) applies to civil cases, including probate. If you cannot e-file, you may file the statewide Certification for Exemption From E-filing under Rule 9(d).
Can I e-file the original will in Fayette 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 Fayette County Circuit Clerk at 221 South 7th Street, Room 112, Vandalia, IL 62471.
How much does probate cost in Fayette County?
The Fayette County Filing Fees Schedule, Revised 10/2020, lists Probate at $256. The same schedule lists estate claim fees of $25, $40 or $60, Revised 10/2020, depending on the claim amount. Confirm the current total with the Circuit Clerk before filing.
Are there Fayette County probate forms?
No Fayette County decedent-estate probate forms are published on the Circuit Clerk site. Illinois courts accept statewide forms for an Appearance, a civil fee waiver and an e-filing exemption, but Illinois does not provide a statewide decedent-estate probate packet.
Can I appear by Zoom in a Fayette County probate case?
The Circuit Clerk publishes a Civil Court Zoom meeting ID, 331 447 0031. Fourth Judicial Circuit Rule 10-8 allows remote appearances to the extent authorized by Supreme Court Rule 45 or by court order, so follow the judge's instructions for your hearing.
How do I look up a Fayette County probate case?
Use Fayette County's judici.com page. The Circuit Clerk states that public court records, including probate cases, are searchable there, except for juvenile, adoption, sealed and impounded cases. If the estate does not appear, contact the Circuit Clerk.
What happens if a Fayette County estate sits open with no activity?
Fourth Judicial Circuit Rule 13-7 lets the court set an estate for a status call after at least one year with no activity. Rule 13-9 also sets a status date 14 months after an order granting independent administration under Article XXVIII and 755 ILCS 5/28-2.
Is the Circuit Clerk the same office as the Fayette County Clerk and Recorder?
No. Probate filings go to the Fayette County Circuit Clerk. The Fayette County Clerk and Recorder is a separate office for matters such as vital records, elections and land recording.
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.