Back to Illinois
Franklin County, IL Probate Information
Quick facts
| Item | Franklin County information |
|---|---|
| Court | Circuit Court of the Second Judicial Circuit, Franklin County |
| Filing office | Franklin County Circuit Clerk, 100 Public Square, Benton, IL 62812 |
| Mailing address | Franklin County Circuit Court, P.O. Box 485, Benton, IL 62812-2264 |
| Phone | (618) 435-9800, option #5 for Civil and Criminal. The Illinois Courts directory also lists (618) 439-2011, so call the clerk if one line does not connect. |
| Fax | (618) 439-4119 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m.; closed federal, state and county holidays. |
| Filing fee | The Franklin County fee schedule reflecting case-type updates effective January 1, 2022 lists PR, Probate Testate or Intestate, at $376.00 filing and $201.00 answer. Confirm the current amount with the Circuit Clerk before filing. |
| Local forms | No Franklin County decedent-estate form packet is listed on the Circuit Clerk page. Illinois does not publish statewide standardized decedent-estate probate forms. |
| E-filing | E-filing is required in Illinois civil cases, including probate, for filers with and without a lawyer. A self-represented filer who cannot e-file may use the Certification for Exemption From E-filing. Original wills cannot be e-filed and must be delivered or mailed to the Circuit Clerk under Illinois Supreme Court Rule 9(c)(1). |
| Case search | The Circuit Clerk page names a Franklin County Court Docket tool through DocketVision. Judici also lists Franklin County, court IL028015J. Probate case coverage can vary, so use the tool linked by the Circuit Clerk page or call the clerk. |
| Remote appearance | Second Judicial Circuit Rule 24 provides for remote appearances by phone or video, with Zoom credentials and dial-in information supplied by the Circuit Clerk and included in notices and orders setting court dates. |
| Website | https://franklincountyil.gov/circuitclerk/ |
Before you begin — know the assets and liabilities
Before you file in Franklin County, make a practical list of the decedent's assets, debts, real estate, beneficiaries, and jointly owned property. The filing path depends on what still stands in the decedent's name and whether the estate needs letters of office under 755 ILCS 5 to collect, sell, or transfer property.
Sunset's estate settlement process includes asset discovery across more than 2,300 financial institutions, which helps families avoid opening a probate case with missing account information or the wrong filing plan.
Which court handles jurisdiction
Franklin County estates are filed at the Franklin County Circuit Clerk's office in Benton. That office serves all Franklin County communities and unincorporated areas from one courthouse location at 100 Public Square; no branch probate filing counter is published.
Franklin County is part of the Second Judicial Circuit with Hardin, Gallatin, White, Hamilton, Wabash, Edwards, Wayne, Jefferson, Richland, Lawrence, and Crawford Counties. The circuit shares judicial administration, but a Franklin County estate is filed with the Franklin County Circuit Clerk, not with another county in the circuit.
Illinois venue starts with the county where the decedent had a known place of residence. If there was no known Illinois residence, venue moves to the county with the greater part of the decedent's real estate, then to the county with the greater part of the decedent's personal estate (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 Circuit Clerk immediately after the death (755 ILCS 5/6-1). A person named as executor has 30 days after learning of the appointment to open a case or decline to act (755 ILCS 5/6-3).
- Prepare the petition to admit the will and issue letters of office under 755 ILCS 5, or the petition for administration if there is no will. Illinois does not provide a statewide decedent-estate form packet, and no Franklin County probate packet is listed on the Circuit Clerk page.
- E-file the petition and supporting documents through eFileIL unless an exemption applies. Deliver or mail the original will to the Franklin County Circuit Clerk in Benton because original wills may not be e-filed under Illinois Supreme Court Rule 9(c)(1).
- Pay the Franklin County probate filing fee. The Circuit Clerk schedule reflecting case-type updates effective January 1, 2022 lists PR, Probate Testate or Intestate, at $376.00 filing and $201.00 answer; confirm the current total before filing.
- Prove heirship. In Franklin County, Second Judicial Circuit Rule 20 allows proof by testimony in open court, affidavit under 755 ILCS 5/5-3, or deposition, and requires a separate proposed Order Declaring Heirship.
- Attend the hearing if one is set. Second Judicial Circuit Rule 24 provides for remote appearance by phone or video, with Zoom credentials and dial-in information supplied by the Circuit Clerk and included in the notice or order setting the court date.
- If the court grants the petition, complete the oath and bond requirements (755 ILCS 5/12-2). The court generally grants independent administration under Article XXVIII unless the will forbids it or an interested person objects (755 ILCS 5/28-2).
- Obtain letters of office under 755 ILCS 5 from the Circuit Clerk. Letters of office issued on a will are letters testamentary, and letters issued without a will are letters of administration.
- Give required notice to heirs and legatees within 14 days after the order (755 ILCS 5/6-10). If an address is not stated, publication may be required.
- Publish the claims notice once each week for three successive weeks in a county newspaper and file proof of publication with the Circuit Clerk. The claims deadline is not less than six months from first publication, or three months from mailing or delivery to known creditors, whichever is later (755 ILCS 5/18-3).
- Collect assets, prepare the inventory, address claims, pay proper expenses, and distribute only when the estate is ready. Claims that could have been barred are barred 2 years after death whether or not letters of office issued (755 ILCS 5/18-12).
- Close the estate by completing the required accounting, receipts, consents, or court filings. In independent administration under Article XXVIII, fewer court orders may be needed, but the representative still must complete the estate settlement correctly.
Forms and documents
Probate forms in Franklin County
No Franklin County decedent-estate form packet is listed on the Franklin County Circuit Clerk page. Illinois also has no statewide standardized forms for petitions for letters of office under 755 ILCS 5, inventories, accounts, or small-estate affidavits for decedents' estates.
The statewide forms that can still matter in a Franklin County probate case are the Appearance, the Application for Waiver of Court Fees for civil cases, and the Certification for Exemption From E-filing. Every Illinois court must accept the approved statewide standardized forms.
If an original will exists, do not e-file it. Illinois Supreme Court Rule 9(c)(1) says original wills may not be electronically filed, so deliver or mail the original will to the Franklin County Circuit Clerk in Benton.
Fees
Franklin County publishes a Circuit Clerk fee schedule for probate. The schedule reflecting case-type updates effective January 1, 2022 lists PR, Probate Testate or Intestate, at $376.00 filing and $201.00 answer. Illinois circuit clerk fees are set locally within the framework of 705 ILCS 105/27.1b, so there is no single statewide probate filing fee.
| Fee item | Amount on schedule reflecting case-type updates effective January 1, 2022 |
|---|---|
| PR, Probate Testate or Intestate | $376.00 filing / $201.00 answer |
| GR, Guardianship | $276.00 filing / $201.00 answer |
| Estate claim under $150.00 | $15.00 |
| Estate claim from $150.01 to $500.00 | $25.00 |
| Estate claim from $500.01 to $10,000.00 | $40.00 |
| Estate claim over $10,000.00 | $60.00 |
| Letters issued | $2.00 |
| Certification | $6.00 |
| Certified mail | $11.50 |
| Restricted mail | $16.00 |
| Searches | $6.00 for each year searched |
| Copies, first page | $2.00 |
| Copies, pages 2 to 20 | $0.50 each |
| Copies, additional pages | $0.25 each |
Confirm the current total with the Franklin County Circuit Clerk before filing, especially if you need certified copies, issued letters of office under 755 ILCS 5, mail service, or claim processing.
Local nuance
Franklin County-specific considerations
Second Judicial Circuit Rule 20, heirship. In Franklin County, proof of heirship for a petition to admit a will or for letters of administration can be made by testimony in open court, by affidavit under 755 ILCS 5/5-3, or by deposition. The heirship affidavit must include core family information, including the decedent's death information, surviving spouse information, children's names, and the relationships of heirs. The representative also submits a separate proposed Order Declaring Heirship to the Circuit Clerk.
Second Judicial Circuit Rule 24, remote appearances. Rule 24 provides for attending court remotely by phone or video. Circuit Clerk offices provide Zoom credentials and dial-in information, and notices or orders setting court dates must include remote-appearance information and refer to Rule 24.
Recent updates
| Update | What changed |
|---|---|
| Franklin County Circuit Clerk fee schedule | The schedule reflecting case-type updates effective January 1, 2022 lists PR, Probate Testate or Intestate, at $376.00 filing and $201.00 answer, estate claims at $15.00, $25.00, $40.00, or $60.00 by tier, and letters issued at $2.00. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Franklin County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Property held in joint tenancy or with a beneficiary designation may pass outside the estate. Assets in the decedent's sole name may require a Franklin County probate petition, e-filing, delivery or mailing of the original will, and the PR filing fee listed on the Franklin County fee schedule reflecting case-type updates effective January 1, 2022 at $376.00. | Sunset helps identify which assets are probate assets, prepares the estate settlement information, and helps the spouse decide whether a local attorney should review the filing. |
| Out-of-state adult child with small estate | Many steps can be handled remotely because petitions are e-filed and Rule 24 provides for phone or video appearance information. The original will, if any, still must be delivered or mailed to the Circuit Clerk in Benton. | Sunset helps collect account information, organize heirs and debts, and prepare questions for the Franklin County Circuit Clerk or an Illinois probate attorney. |
| Parent settling predeceased child's estate, home must be sold | A home in the decedent's sole name generally requires letters of office under 755 ILCS 5. In Franklin County, heirship can be proved by affidavit under Second Judicial Circuit Rule 20 in appropriate cases, and the representative submits a proposed Order Declaring Heirship. | Sunset helps map the assets, prepare the probate packet, and connect the family with a vetted Illinois probate attorney when a sale, creditor issue, or heirship question needs legal review. |
Self-help resources
| Resource | How it helps |
|---|---|
| Franklin County Circuit Clerk | The filing office for Franklin County estates: 100 Public Square, P.O. Box 485, Benton, IL 62812-2264, (618) 435-9800 option #5, fax (618) 439-4119, Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Franklin County Circuit Clerk fee schedule | Lists the local PR probate filing fee, answer fee, estate claim fees, copies, certifications, mail fees, and letters-issued fee on the schedule reflecting case-type updates effective January 1, 2022. |
| Illinois Second Judicial Circuit Court, Franklin County page | Provides Franklin County court information within the Second Judicial Circuit and links to circuit materials. |
| Illinois Second Judicial Circuit local court rules | Includes Rule 20 for proof and declaration of heirship and Rule 24 for remote appearances. |
| Land of Lincoln Legal Aid, Southern Regional Office | Serves Franklin County from the Carbondale office at 509 South University Avenue, Third Floor, Carbondale, IL 62901, phone (618) 457-7800 and toll free (800) 642-5335. Free civil legal help depends on eligibility and matter type. |
| Illinois Legal Aid Online, how do I settle an estate after someone dies | Plain-language statewide guide to estate settlement in Illinois. |
| Illinois Courts approved statewide standardized forms | Use for the Appearance, civil fee waiver application, and Certification for Exemption From E-filing. These are not decedent-estate probate packets. |
| eFileIL | The statewide electronic filing system for Illinois civil cases, including probate filings. |
When to hire an attorney
A Franklin County probate attorney is especially useful when the estate includes a house or farmland to sell, heirs disagree, a creditor files an estate claim, or a will contest may be possible. Illinois law also limits non-lawyers from representing another person's legal interests, so legal advice matters when the representative must act for the estate rather than only for themselves. Sunset connects families with a vetted Illinois probate attorney serving Franklin County.
How Sunset helps
Find the accounts and assets. Sunset helps families organize estate settlement by identifying financial institutions, account clues, real estate issues, debts, and beneficiary designations before a probate petition is prepared.
Generate the probate packet. Sunset turns the family information into a Franklin County-oriented probate packet so the petition, heirship information, notices, and supporting documents are easier to review with the Circuit Clerk or a lawyer.
Find a local probate attorney. When the estate needs legal help, Sunset connects families with a vetted Illinois probate attorney serving Franklin County.
Sunset is free for families. Sunset does not charge families for estate settlement support, asset organization, or attorney matching.
Frequently asked questions
Where do I file probate in Franklin County?
File with the Franklin County Circuit Clerk at 100 Public Square, Benton, IL 62812, or mail filings that may be mailed to Franklin County Circuit Court, P.O. Box 485, Benton, IL 62812-2264. Venue is the county of the decedent's known place of residence, then the county with the greater part of the decedent's real estate, then the county with the greater part of the decedent's personal estate (755 ILCS 5/5-1).
Do I have to e-file a Franklin County probate case?
Yes. E-filing is required in Illinois civil cases, including probate, and applies to filers with and without a lawyer under Illinois Supreme Court Rule 9(a). A self-represented filer who cannot e-file may file 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 Franklin County probate cost?
The Franklin County fee schedule reflecting case-type updates effective January 1, 2022 lists PR, Probate Testate or Intestate, at $376.00 filing and $201.00 answer. Confirm the current amount with the Circuit Clerk before filing because county fee schedules can change under 705 ILCS 105/27.1b.
Can I appear remotely in Franklin County probate?
Second Judicial Circuit Rule 24 provides for remote appearances by phone or video. The rule says the Circuit Clerk offices provide Zoom credentials and dial-in information, and notices or orders setting court dates must include remote-appearance information.
Are there Franklin County probate forms online?
No Franklin County decedent-estate form packet is listed on the Circuit Clerk page. Illinois has approved statewide forms for an Appearance, a civil fee waiver, and the Certification for Exemption From E-filing, but not for decedent-estate petitions, inventories, or accounts.
How do I look up a Franklin County probate case?
The Circuit Clerk page names a Franklin County Court Docket tool through DocketVision. Judici also lists Franklin County, court IL028015J. Probate case coverage can vary by platform, so use the tool linked by the Circuit Clerk page or call the clerk.
Do I have to travel to Benton?
Many filings are e-filed, and Second Judicial Circuit Rule 24 provides for remote appearance information to be included in court notices and orders. You still must get the original will to the Franklin County Circuit Clerk because original wills cannot be e-filed.
How is heirship proved in Franklin County?
Second Judicial Circuit Rule 20 requires proof of heirship when asking to admit a will or for letters of administration. The rule allows testimony in open court, an affidavit under 755 ILCS 5/5-3, or a deposition, and it requires a separate proposed Order Declaring Heirship to be submitted to the Circuit Clerk.
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.