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Hardin County, IL Probate Information
Quick facts
| Item | Hardin County information |
|---|---|
| Court | Circuit Court of the Second Judicial Circuit, Hardin County |
| Filing office | Hardin County Circuit Clerk, the Clerk of the Circuit Court |
| Courthouse | 102 Market Street, also styled 102 E Market Street, Elizabethtown, IL 62931 |
| Mailing address | Hardin County Circuit Clerk, P.O. Box 308, Elizabethtown, IL 62931 |
| Phone | (618) 287-2735 is listed by the Illinois Courts circuit clerk directory. The Second Judicial Circuit lists 618-287-2200, extension 2, for the Hardin County page, and 618-287-2200 for remote hearing contact. Either number may reach the office. |
| Fax | (618) 287-2713 |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. No lunch closure or separate filing cutoff is published for the Hardin County Circuit Clerk. |
| Filing fee | No Hardin County probate fee schedule is published online. Illinois circuit clerk filing fees are set under 705 ILCS 105/27.1b, so confirm the current probate filing fee with the Hardin County Circuit Clerk before filing. |
| Local forms | No Hardin County probate packet or local decedent-estate forms are published. Illinois has statewide forms for e-filing exemption, fee waiver, and appearance, but not a statewide decedent-estate form set. |
| 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. 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 | Hardin County uses Judici at https://www.judici.com/courts/index.jsp?court=IL035015J. If an estate does not appear online, contact the Circuit Clerk. |
| Remote appearance | Second Judicial Circuit Rule 24 allows remote appearance without advance court permission for non-evidentiary civil conferences, status hearings, and argument-only hearings. Evidentiary hearings, settlement conferences, and trials are in person unless the judge grants a remote request. |
| Website | https://illinoissecondcircuit.info/circuit-courts/hardin-county/ |
Before you begin — know the assets and liabilities
Before you file in Hardin County, make a practical inventory of what the decedent owned, how each asset is titled, and what debts may exist. That first pass determines whether the family needs a court estate, whether an original will must be delivered to the Circuit Clerk, and whether a home or account can be handled outside the probate case.
Sunset helps with the asset-discovery part of estate settlement by searching across more than 2,300 financial institutions. That information helps you decide what to ask the Hardin County Circuit Clerk, what to prepare for an attorney, and whether a filing in Elizabethtown is the right next step.
Which court handles jurisdiction
One courthouse serves Hardin County probate matters: the Hardin County Courthouse at 102 Market Street in Elizabethtown. The county includes Elizabethtown, Cave-In-Rock, Rosiclare, and surrounding rural townships.
Hardin County is part of the Second Judicial Circuit with Gallatin, White, Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland, Lawrence, and Crawford Counties. That shared circuit structure does not move Hardin County filings to another county. A Hardin County estate is filed with the Hardin County Circuit Clerk in Elizabethtown.
Illinois venue starts in the county where the decedent had a known place of residence, then moves to the county with the greater part of the Illinois real estate, then to the county with the greater part of the Illinois 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 death (755 ILCS 5/6-1). The petition and supporting documents are e-filed, but the original will cannot be e-filed and must be delivered or mailed to the Hardin County Circuit Clerk.
- Confirm venue and family information. Use Hardin County only if venue fits 755 ILCS 5/5-1. For heirship, follow Second Judicial Circuit Rule 20, which allows proof by testimony, affidavit, or deposition.
- Prepare the petition to admit the will, if any, and to issue letters of office under 755 ILCS 5. Because Hardin County publishes no local decedent-estate packet, the petition, proposed order, oath, bond papers, inventory, and later accounting are drafted documents. A person named as executor has 30 days after learning of the appointment to open a case or decline under 755 ILCS 5/6-3.
- E-file the petition and pay the Hardin County filing fee, or file a fee-waiver application if needed. No Hardin County probate fee schedule is published online, so call the Circuit Clerk before filing to confirm the current amount set under 705 ILCS 105/27.1b.
- Attend the first court setting as directed. Under Second Judicial Circuit Rule 24, non-evidentiary conferences, status hearings, and argument-only hearings may be attended remotely or in person without advance permission. Evidentiary hearings, settlement conferences, and trials require in-person attendance unless the judge grants a remote request.
- After the court enters the order, qualify as representative. Illinois generally grants independent administration under Article XXVIII unless the will forbids it or an interested person objects. The representative takes an oath and gives bond as required by 755 ILCS 5/12-2. If an individual surety is used, Second Judicial Circuit Rule 11 allows a net-asset affidavit instead of the usual property schedule.
- Obtain letters of office under 755 ILCS 5. Letters issued on a will are letters testamentary, and letters issued when there is no qualifying executor are letters of administration. Banks, buyers, title companies, and other institutions often require certified letters before they will deal with the representative.
- Give required notices. Mail or deliver notice to heirs and legatees within 14 days after the order as required by 755 ILCS 5/6-10. Publish the creditor notice once each week for three successive weeks in a newspaper published in the county where the estate is administered, file proof of publication, and track the claims deadline of at least six months from first publication under 755 ILCS 5/18-3.
- Administer and close the estate. Collect assets, prepare the inventory, handle claims, sell property only with proper authority, distribute according to the will or Illinois law, and close by the appropriate accounting or closing procedure under the Illinois Probate Act of 1975.
Forms and documents
Probate forms in Hardin County
No Hardin County probate packet, cover sheet, decedent-estate petition, order, oath, inventory, account form, or small-estate template is published by the Hardin County Circuit Clerk or by the Second Judicial Circuit. Illinois also has no statewide standardized forms for decedents' estates, so the petition, order, oath, inventory, and accounts in a Hardin County estate are usually drafted documents.
The statewide forms that still matter in a Hardin County estate are the Certification for Exemption From E-filing, the Application for Waiver of Court Fees for civil cases, and the Appearance. Every Illinois court must accept the approved statewide standardized forms that apply to the filing.
Local nuance
Hardin County-specific considerations
| Local rule | What it means in a Hardin County estate |
|---|---|
| Second Judicial Circuit Rule 20, proof and declaration of heirship | Heirship may be shown by testimony in open court, by affidavit, or by deposition. The affidavit route must cover the decedent's death date and place, surviving spouse status, children born or adopted, descendants of a deceased child, and each heir's per stirpes relationship. |
| Second Judicial Circuit Rule 11, bonds | An individual surety for an executor, administrator, or guardian may file an affidavit stating that the surety owns net assets equal to or greater than the bond amount, instead of filing the property schedule otherwise required. |
| Second Judicial Circuit Rule 8, filings | The Circuit Clerk may refuse a pleading or appearance that does not clearly state the circuit and county, the parties, and the case number, or where the required filing fee has not been paid or waived. |
| Second Judicial Circuit Rule 24, remote appearances | Participants may appear remotely or in person, without advance court permission, for non-evidentiary civil conferences, status hearings, and argument-only hearings. Evidentiary hearings, settlement conferences, and trials are in person unless the judge grants a remote request. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Hardin 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 probate case. If assets were in the decedent's sole name, the spouse e-files the petition, delivers or mails the original will to the Hardin County Circuit Clerk, and confirms the current filing fee before filing. | Sunset identifies accounts and ownership details, helps sort probate from non-probate assets, and prepares the estate settlement information for filing or attorney review. |
| Out-of-state adult child with small estate | If the statewide small-estate affidavit under 755 ILCS 5/25-1 fits, a court case may not be needed. If a case is needed, many steps can be handled by e-filing and remote appearance under Rule 24, but the original will still must be delivered or mailed to Elizabethtown. | Sunset helps locate assets, organize documents, and identify whether the family needs a Hardin County filing or can ask an institution to accept a non-court transfer path. |
| Parent settling predeceased child's estate, home must be sold | A solely owned home usually requires letters of office under 755 ILCS 5 before a sale can close. The estate is opened with the Hardin County Circuit Clerk, and if a personal surety is used for bond, Rule 11 may allow a net-asset affidavit. Creditor notice is published under 755 ILCS 5/18-3 before distribution. | Sunset builds the asset list, flags title and debt issues, and connects the family with a vetted Illinois probate attorney when a sale, bond, or creditor issue makes legal help important. |
Self-help resources
| Resource | How it helps |
|---|---|
| Hardin County Circuit Clerk through the Second Judicial Circuit | Filing office for Hardin County estates. Use the circuit page for the courthouse address, mailing address, fax, and local contact information. |
| Second Judicial Circuit local court rules | Rules for all 12 counties in the circuit, including Rule 20 on heirship, Rule 11 on bonds, Rule 8 on filing requirements, and Rule 24 on remote appearances. |
| Hardin County Legal Self-Help Center at Rosiclare Memorial Public Library | The Second Judicial Circuit lists the Rosiclare Memorial Public Library as Hardin County's legal self-help center. Contact the circuit or library before visiting to ask about hours and services. |
| Land of Lincoln Legal Aid, Carbondale office | Possible regional legal-aid contact for eligible people in southern Illinois. Call (618) 457-7800 or toll free (800) 642-5335 to ask whether help is available for a decedent's estate issue. |
| Illinois Legal Aid Online, how do I settle an estate after someone dies | Statewide plain-language guide to estate settlement after a death. |
| Illinois Courts approved statewide standardized forms | Use for the Certification for Exemption From E-filing, the civil fee waiver application, and the Appearance. Illinois does not provide a statewide decedent-estate probate packet. |
| eFileIL | Statewide electronic filing system for Illinois circuit courts, including Hardin County probate filings. |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset's estate settlement process searches across more than 2,300 financial institutions so families can identify accounts, insurance, and other assets before deciding whether a Hardin County probate case is needed.
Generate the probate packet. Sunset helps organize the information a Hardin County filing needs, including family details, asset lists, debts, and documents for the Illinois Probate Act of 1975 process. Because Hardin County does not publish local decedent-estate forms, Sunset helps turn scattered information into a clean attorney-ready or filing-ready packet.
Find a local probate attorney. When a Hardin County estate involves a home sale, farmland, creditor issues, heirship questions, or bond concerns under Second Judicial Circuit Rule 11, Sunset can connect the family with a vetted Illinois probate attorney serving Hardin County.
Sunset is free for families. Sunset does not charge families to start estate settlement, organize assets, or request a probate attorney connection.
Frequently asked questions
Where do I file for probate in Hardin County?
File with the Hardin County Circuit Clerk in Elizabethtown. Probate for Hardin County is handled in the Circuit Court of the Second Judicial Circuit, Hardin County, and venue follows the county rule in 755 ILCS 5/5-1.
Do I have to e-file a Hardin County probate case?
Yes. Illinois Supreme Court Rule 9 requires e-filing in civil cases, including probate, for filers with and without a lawyer. If you cannot e-file, you may use the statewide 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 Hardin County?
No Hardin County probate fee schedule is published online. Before filing, call the Hardin County Circuit Clerk to confirm the current filing fee set under 705 ILCS 105/27.1b.
Can I appear remotely in a Hardin County probate case?
Usually yes for non-evidentiary civil conferences, status hearings, and argument-only hearings under Second Judicial Circuit Rule 24. Evidentiary hearings, settlement conferences, and trials are in person unless the judge grants a remote request. Contact the Circuit Clerk for the Zoom meeting ID and dial-in information for the specific case.
Are there local probate forms in Hardin County?
No Hardin County decedent-estate packet or local probate forms are published. Illinois has statewide forms for e-filing exemption, fee waiver, and appearance, but not a statewide decedent-estate probate form set.
How do I look up a Hardin County probate case?
Use Hardin County's Judici page at https://www.judici.com/courts/index.jsp?court=IL035015J. Judici is a case-search vendor, not the court. If the estate does not appear online, call the Hardin County Circuit Clerk.
Do I have to travel to Elizabethtown?
You may be able to handle some steps by e-filing, mail, phone, and remote appearance. The original will still must be delivered or mailed to Elizabethtown, and the judge may require in-person attendance for evidentiary hearings, settlement conferences, and trials.
Does Hardin County have its own government website?
No official county government website was found for Hardin County court information. The Second Judicial Circuit's Hardin County page is the court-information page to use for the Circuit Clerk and courthouse details.
Is Hardin County the same as the village of Hardin?
No. Hardin County's county seat is Elizabethtown. The village of Hardin is in Calhoun County, a different Illinois county in a different judicial circuit.
Is there a self-help center in Hardin County?
Yes. The Second Judicial Circuit lists the Rosiclare Memorial Public Library as Hardin County's Legal Self-Help Center. Contact the circuit or the library before visiting to ask about hours and available help.
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.