Back to Illinois
Hamilton County, IL Probate Information
Quick facts
| Item | Hamilton County details |
|---|---|
| Court | Circuit Court of the Second Judicial Circuit, Hamilton County |
| Filing office | Hamilton County Circuit Clerk, Hamilton County Courthouse |
| Courthouse address | 100 South Jackson Street, McLeansboro, IL 62859 |
| Mailing address | Use the courthouse address. No separate mailing address is posted by the Circuit Clerk. |
| Phone | (618) 643-3224. No separate probate line is posted. |
| Fax | Call the Circuit Clerk before sending anything by fax. |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. No lunch closure or filing cutoff is posted. |
| Probate filing fee | Probate (PR) filing fee is $376.00, and the appearance or response fee is $201.00, under Hamilton County Filing Fees by Case Type, effective January 1, 2022. |
| Will filing | Filing a will alone is handled under 755 ILCS 5/6-1 and carries no charge under the current statewide fee framework effective July 1, 2019. |
| Local forms | The Second Judicial Circuit posts heirship affidavit forms. Hamilton County does not post a county-specific decedent estate petition packet. |
| E-filing | The Circuit Clerk links to eFileIL. Estate petitions are filed electronically unless Illinois Supreme Court Rule 9 allows paper filing or an exemption. An original will cannot be e-filed and must be delivered or mailed. |
| Case search | Judici is the county case lookup tool for Hamilton County, court ID IL033025J. If a probate case does not appear, call the Circuit Clerk. |
| Remote appearance | Routine, non-evidentiary probate matters may be attended remotely under Illinois Supreme Court Rule 45 and Second Judicial Circuit Local Rule 24. Contact the Circuit Clerk for the Zoom meeting ID and password. |
| Court website | circuitclerk.hamiltoncountyil.gov |
Before you begin — know the assets and liabilities
Before you file anything in Hamilton County, make a practical list of the decedent's assets, debts, real estate, beneficiaries and known creditors. That first inventory drives the estate settlement path: some assets may pass outside court, while real estate or accounts in the decedent's name may require letters of office under 755 ILCS 5.
Sunset can help by searching more than 2,300 institutions for accounts and assets before you commit to a court filing. For a rural county like Hamilton, that asset discovery can save a trip to McLeansboro and can help an attorney decide whether to open a Probate (PR) case, use a small estate affidavit under 755 ILCS 5/Art. XXV, or take another path.
Which court handles jurisdiction
The Hamilton County Circuit Clerk serves probate filings for Hamilton County from the Hamilton County Courthouse in McLeansboro. The Circuit Clerk is the filing office for decedent estate cases; the Hamilton County Clerk is a different office and handles other county functions.
Hamilton County is in the Second Judicial Circuit with Crawford, Edwards, Franklin, Gallatin, Hardin, Jefferson, Lawrence, Richland, Wabash, Wayne and White Counties. Illinois venue is still a county rule: probate or administration is filed first in the county of the decedent's known residence, then where the greater part of Illinois real estate is located, then where the greater part of personal estate is located (755 ILCS 5/5-1). A Hamilton County estate is filed in Hamilton County, not elsewhere in the Second Judicial Circuit.
The jurisdiction process
- Identify the assets, debts, heirs, beneficiaries and any original will. If someone has the original will, deliver or mail it to the Hamilton County Circuit Clerk because the original will cannot be e-filed under Illinois Supreme Court Rule 9(c)(1).
- Choose the filing path. If a court estate is needed, prepare the petition, proposed order, oath, bond if required, heirship papers and any request for independent administration under 755 ILCS 5/Art. XXVIII.
- Use the Hamilton County local form layer where it exists. The Second Judicial Circuit posts heirship affidavit forms and Local Rule 20 addresses proof and declaration of heirship. Hamilton County does not post a county-specific decedent estate petition packet.
- File the probate petition with the Hamilton County Circuit Clerk at 100 South Jackson Street, McLeansboro, IL 62859. The Circuit Clerk links to eFileIL for filings, subject to Illinois Supreme Court Rule 9 paper filing and exemption rules.
- Pay the local Probate (PR) filing fee. Hamilton County lists a $376.00 Probate (PR) filing fee and a $201.00 appearance or response fee in Hamilton County Filing Fees by Case Type, effective January 1, 2022.
- Complete notice and publication as required. Creditor notice is published once each week for 3 successive weeks, and the claim date must be not less than 6 months from first publication or 3 months from mailing or delivery, whichever is later (755 ILCS 5/18-3).
- Follow the court's scheduling instructions. Hamilton County does not post a standing probate hearing day, so use the date and directions provided after filing.
- For routine, non-evidentiary probate dates, ask the Circuit Clerk for the Zoom meeting ID and password. Illinois Supreme Court Rule 45 and Second Judicial Circuit Local Rule 24 generally allow remote attendance for those civil matters without advance approval, while evidentiary hearings, settlement conferences, bench trials and jury trials are treated differently.
- After the judge signs the appointment order, obtain letters of office under 755 ILCS 5 from the Circuit Clerk. Banks, title companies and buyers usually ask for current certified letters before allowing the representative to act.
- Administer the estate, collect assets, address claims, sell or transfer property if authorized, account to interested persons and close the estate under the applicable Illinois procedure.
Forms and documents
Probate forms in Hamilton County
Illinois Supreme Court approved forms do not include a decedent estate petition set for opening an estate, requesting letters of office under 755 ILCS 5, inventory, accounting or closing. In Hamilton County, the local form layer is limited: the Second Judicial Circuit posts heirship affidavit forms, and Local Rule 20 requires proof and declaration of heirship by testimony, affidavit or deposition.
Hamilton County does not post a county-specific decedent estate petition packet. Before filing, call the Circuit Clerk to ask which petition, proposed order, oath, bond and heirship papers the clerk expects for the type of estate you are opening.
| Form or paper | Hamilton County note |
|---|---|
| Petition to open estate | No Hamilton-specific packet is posted. Ask the Circuit Clerk or counsel what form set to use. |
| Original will | Deliver or mail the original will to the Hamilton County Circuit Clerk. It cannot be e-filed under Illinois Supreme Court Rule 9(c)(1). |
| Heirship affidavit | Second Judicial Circuit forms and Local Rule 20 apply in Hamilton County. |
| Small estate affidavit | Illinois Legal Aid Online offers an Easy Form for the small estate affidavit under 755 ILCS 5/Art. XXV. It is given to asset holders, not filed as a Hamilton County court case. |
Local nuance
Hamilton County-specific considerations
| Local point | What it means in Hamilton County |
|---|---|
| No standing Probate Division | Probate is a Probate (PR) case type on the Circuit Court civil docket. Do not expect a separate probate counter or a posted probate judge assignment. |
| Second Judicial Circuit heirship practice | Local Rule 20 requires proof and declaration of heirship by testimony, affidavit or deposition, and the circuit posts heirship affidavit forms. |
| Remote attendance rule | Second Judicial Circuit Local Rule 24 uses Zoom and directs parties to the Circuit Clerk for the meeting ID and password. |
| Original wills | An original will cannot be e-filed. Deliver or mail it to the Hamilton County Circuit Clerk at the courthouse address. |
Recent updates
Scenarios
| Archetype | Likely Hamilton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start with the deed, account titles and beneficiary designations. If Hamilton County real estate or accounts still require court authority, file a Probate (PR) case with the Hamilton County Circuit Clerk and request letters of office under 755 ILCS 5. | Sunset helps find accounts, organize deed and asset information, and prepare an estate settlement summary for counsel. |
| Out-of-state adult child w/ small estate | If the assets fit a small estate affidavit under 755 ILCS 5/Art. XXV, no Hamilton County court case may be needed. If a Probate (PR) case is needed, eFileIL and the Second Judicial Circuit remote appearance rule may reduce travel. | Sunset helps determine which institutions hold assets, gathers information for the affidavit or petition, and connects the child with local counsel when a filing is needed. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires court authority if the property did not pass outside probate. File in Hamilton County if venue belongs there under 755 ILCS 5/5-1, then seek the appointment and letters needed to work with the title company and buyer. | Sunset helps organize real estate, debts, heirs and creditor information so the attorney can move the sale and court filings forward. |
Self-help resources
| Resource | How it helps Hamilton County families | Contact |
|---|---|---|
| Hamilton County Circuit Clerk | Filing office for Probate (PR) cases, fee questions, original will delivery, Judici case lookup questions and Zoom credentials under Second Judicial Circuit Local Rule 24. | 100 South Jackson Street, McLeansboro, IL 62859. Phone: (618) 643-3224. |
| Second Judicial Circuit local rules and forms | Local Rule 20 covers proof and declaration of heirship, and the circuit posts heirship affidavit forms that apply in Hamilton County. | illinoissecondcircuit.info/local-court-rules/ |
| Illinois Legal Aid Online | Offers plain-language estate settlement guides and an Easy Form for the small estate affidavit under 755 ILCS 5/Art. XXV. | illinoislegalaid.org |
| Land of Lincoln Legal Aid, Carbondale office | Legal aid provider serving Hamilton County for eligible residents. | 509 South University Avenue, Third Floor, Carbondale, IL 62901. Phone: (618) 457-7800. Toll free: (800) 642-5335. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify bank accounts, investment accounts, retirement plans, insurance, real estate clues and other assets that can determine whether Hamilton County probate is needed.
Generate the probate packet. Sunset organizes the estate information you enter into a clear estate settlement workspace and helps prepare the documents your attorney or the Hamilton County filing process may need.
Find a local probate attorney. If the estate needs letters of office under 755 ILCS 5, a real estate sale, creditor work or court filings, Sunset can connect the family with a vetted Illinois probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying a platform fee. Attorney services, court costs and publication charges are separate.
Frequently asked questions
Where do I file probate in Hamilton County?
File with the Hamilton County Circuit Clerk at the Hamilton County Courthouse, 100 South Jackson Street, McLeansboro, IL 62859. Hamilton County is in the Second Judicial Circuit, but venue is by county under 755 ILCS 5/5-1, so a Hamilton County estate is filed in Hamilton County rather than another county in the circuit.
Can I e-file a Hamilton County probate petition?
Yes. The Circuit Clerk links to eFileIL for court filings. An original will cannot be e-filed under Illinois Supreme Court Rule 9(c)(1), so deliver or mail the original will to the Circuit Clerk while filing the petition electronically unless Rule 9 allows paper filing or an exemption.
How much is the Hamilton County probate filing fee?
Hamilton County lists the Probate (PR) filing fee as $376.00 and the appearance or response fee as $201.00 in Hamilton County Filing Fees by Case Type, effective January 1, 2022. Filing a will alone is handled under 755 ILCS 5/6-1 and carries no charge under the current statewide fee framework effective July 1, 2019.
Does Hamilton County have local probate forms?
The Second Judicial Circuit posts heirship affidavit forms that apply in Hamilton County, and Local Rule 20 addresses proof and declaration of heirship. Hamilton County does not post a county-specific decedent estate petition packet, so ask the Circuit Clerk or counsel what opening papers are expected.
Can I attend a Hamilton County probate hearing by Zoom?
For routine, non-evidentiary civil matters, including Probate (PR), Illinois Supreme Court Rule 45 and Second Judicial Circuit Local Rule 24 allow remote attendance without advance approval. Evidentiary hearings, settlement conferences, bench trials and jury trials are treated differently. Contact the Circuit Clerk for the Zoom meeting ID and password.
How do I look up a Hamilton County probate case?
Use Judici for Hamilton County, court ID IL033025J. If a probate case does not appear in Judici, call the Hamilton County Circuit Clerk at (618) 643-3224.
Do I have to travel to McLeansboro for every probate hearing?
Not always. Routine non-evidentiary probate dates can often be attended remotely under Rule 45 and Second Judicial Circuit Local Rule 24, but the assigned judge controls any case-specific requirement to appear in person. Call the Circuit Clerk before the hearing to get Zoom credentials and to ask whether the date is one that can be remote.
How soon will my Hamilton County probate hearing be scheduled?
Hamilton County does not post a standing probate hearing day or a filing-to-hearing window. After the petition is filed, follow the Circuit Clerk's scheduling instructions and any notice requirements in the order setting the hearing.
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.