Back to Illinois
Jefferson County, IL Probate Information
Quick facts
| Item | Jefferson County information |
|---|---|
| Court | Circuit Court of the Second Judicial Circuit, Jefferson County |
| Filing office | Jefferson County Circuit Clerk, 100 S. 10th Street, Mt. Vernon, IL 62864 |
| Mailing address | P.O. Box 1266, Mt. Vernon, IL 62864 |
| Phone | 618-244-8007 or 618-244-8008. No separate probate line is listed. |
| Fax | 618-244-8029 |
| No public email is listed for probate filings. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. Hours may vary for holidays and inclement weather. |
| Filing fee | No Jefferson County probate fee schedule is posted online. Circuit clerk filing fees are set under 705 ILCS 105/27.1b by county board resolution, so confirm the current probate filing fee with the Circuit Clerk before filing. |
| Local forms | The Second Judicial Circuit publishes an Affidavit of Surety and two heirship affidavit forms. Jefferson County does not publish a county-specific decedent-estate petition packet. |
| 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 statewide Certification for Exemption From E-filing. An original will cannot be e-filed and must be delivered or mailed to the Circuit Clerk. |
| Case search | Jefferson County has a Judici page at https://www.judici.com/courts/index.jsp?court=IL041025J. If an estate file does not appear there, ask the Circuit Clerk. |
| Remote appearance | Second Judicial Circuit Rule 24 allows most civil status, case-management and argument-only hearings to be attended remotely without advance judge approval. Evidentiary hearings, settlement conferences and trials require in-person attendance unless the judge grants a remote request. |
| Website | https://jeffersoncounty.illinois.gov/county_courts/circuit_clerk/index.php |
Before you begin — know the assets and liabilities
Before you open a Jefferson County probate case, list the accounts, debts, vehicles, real estate and beneficiary designations you already know about. The filing path depends on what is in the estate, what passes outside probate, whether a will exists and whether the estate needs letters of office under 755 ILCS 5.
Sunset's estate settlement platform checks more than 2,300 institutions to help families find accounts and assets before they file. That work can prevent an unnecessary filing or help you bring a more complete probate packet to the Jefferson County Circuit Clerk.
Which court handles jurisdiction
The Jefferson County Courthouse in Mt. Vernon serves probate filings for all Jefferson County communities. File with the Jefferson County Circuit Clerk at 100 S. 10th Street in Mt. Vernon, or by mail to P.O. Box 1266, Mt. Vernon, IL 62864, when mailing is allowed.
Jefferson County is part of the Second Judicial Circuit with Hardin, Gallatin, White, Hamilton, Franklin, Wabash, Edwards, Wayne, Richland, Lawrence and Crawford Counties. The circuit shares local rules, but probate filings go to the Circuit Clerk in the county where venue belongs, not to another county in the circuit.
Illinois venue for probate starts in the county where the decedent had a known place of residence. If there is 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 personal estate (755 ILCS 5/5-1).
The jurisdiction process
- Collect the will, death certificate and asset information. Anyone holding the will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1). A person who learns they are named executor has 30 days to open the case or decline (755 ILCS 5/6-3).
- Prepare the petition and heirship materials. Illinois estate petitions ask the court to admit the will, if there is one, and issue letters of office under 755 ILCS 5. In Jefferson County, use the Second Judicial Circuit heirship affidavit forms when appropriate and prepare the proposed Order Declaring Heirship required by Rule 20.
- E-file the petition and deliver the original will. E-file the petition and supporting documents through eFileIL unless you qualify for a Rule 9 exemption. The original will cannot be e-filed, so deliver or mail it to the Jefferson County Circuit Clerk at 100 S. 10th Street or P.O. Box 1266, Mt. Vernon, IL 62864.
- Confirm and pay the filing fee. Jefferson County does not post a probate fee schedule online. Fees are set under 705 ILCS 105/27.1b by county board resolution, so call the Circuit Clerk before filing to confirm the current amount and accepted payment methods.
- Attend the opening hearing if one is set. Second Judicial Circuit Rule 24 allows many civil status, case-management and argument-only hearings to be attended remotely without advance judge approval. If evidence will be presented, attend in person unless the judge grants a remote request.
- Receive the order and letters of office. If the court grants the petition, the representative completes any required oath and bond under 755 ILCS 5/12-2, and the clerk issues letters of office under 755 ILCS 5. Independent administration is generally granted under Article XXVIII unless the will forbids it or an interested person objects (755 ILCS 5/28-2).
- Give required notices. After appointment, send the required notice to heirs and legatees within 14 days when required by 755 ILCS 5/6-10. If an address is not stated, publication may be required.
- Publish the creditor notice and file proof. The representative publishes notice once each week for three successive weeks in a newspaper published in the county where the estate is being administered, then files proof with the clerk. The claims deadline is at least six months from the first publication or three months from mailing, whichever is later (755 ILCS 5/18-3).
- Administer and close the estate. Gather estate property, address valid claims, handle any real estate sale or distribution, keep records, and close with the accounting or closing procedure that matches the form of administration under the Illinois Probate Act of 1975.
Forms and documents
Probate forms in Jefferson County
Illinois does not have statewide standardized decedent-estate probate forms. The statewide court forms most likely to matter in a Jefferson County estate are the Certification for Exemption From E-filing, the Fee Waiver for Civil Cases application, and the Appearance.
For Jefferson County estates, the local form set comes from the Second Judicial Circuit rather than from a separate county packet. The circuit publishes an Affidavit of Surety, an Affidavit of Heirship for a spouse or partner and descendants, and a Collateral Heirship affidavit for estates with no descendants. Jefferson County does not publish a county-specific decedent-estate petition, order, oath, inventory or accounting packet.
Second Judicial Circuit Rule 20 requires proof of heirship when a petition to admit a will or for letters of administration is filed. Proof may be made by in-court testimony or by affidavit under 755 ILCS 5/5-3, and a proposed Order Declaring Heirship must be submitted to the Circuit Clerk when the affidavit route is used.
Local nuance
Jefferson County-specific considerations
Second Judicial Circuit heirship rule. Rule 20 requires proof of heirship when a petition for admission of a will or for letters of administration is filed. The proof may be live testimony or an affidavit under 755 ILCS 5/5-3, and the representative must submit a separate proposed Order Declaring Heirship when using the affidavit route.
Second Judicial Circuit remote rule. Rule 24 lets case participants in most civil matters choose to appear remotely or in person without advance judge approval for status hearings, case-management conferences, pretrial conferences, argument-only hearings and certain one-sided hearings. Evidentiary hearings, settlement conferences, bench trials and jury trials require in-person attendance unless the presiding judge grants a remote request.
Zoom information comes from the clerk. Rule 24 says all Second Judicial Circuit counties use Zoom for remote proceedings and that Circuit Clerk offices provide login information because dockets can move between courtrooms. For Jefferson County, call 618-244-8008.
Recent updates
Scenarios
| Persona | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking whether the home passes outside probate by title or beneficiary arrangement. For assets in the decedent's sole name, e-file the petition in Jefferson County and deliver or mail the original will to the Circuit Clerk in Mt. Vernon. Confirm the current filing fee with the Circuit Clerk because no county schedule is posted online. | Sunset helps separate probate assets from non-probate transfers, locate accounts and prepare an estate settlement checklist before filing. |
| Out-of-state adult child with small estate | Rule 24 is useful because many Jefferson County probate status and case-management hearings may be attended by Zoom without advance judge approval. The original will still must be delivered or mailed to Mt. Vernon, and any evidentiary or contested hearing may require in-person attendance unless the judge grants a remote request. | Sunset helps organize account information, beneficiary details and court tasks so the out-of-state child knows what can be handled remotely and what must go to the Circuit Clerk physically. |
| Parent settling predeceased child's estate, home must be sold | A home sale generally requires letters of office under 755 ILCS 5. In an uncontested Jefferson County estate, heirship may be shown with the Second Judicial Circuit affidavit forms under Rule 20, and the claims notice starts the six-month creditor window under 755 ILCS 5/18-3. | Sunset helps identify the property, debts and heirs, then connects the family with a local probate attorney when a sale, creditor issue or heirship question needs legal work. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Jefferson County Circuit Clerk | Filing office for probate cases, with courthouse address, mailing address, phone numbers, fax and hours. | https://jeffersoncounty.illinois.gov/county_courts/circuit_clerk/index.php |
| Second Judicial Circuit online probate forms | Affidavit of Surety and two heirship affidavit forms for use with the circuit's Rule 20 heirship process. | https://illinoissecondcircuit.info/online-forms |
| Second Judicial Circuit local court rules | Local rules for Jefferson County and the other counties in the Second Judicial Circuit, including Rule 20 for heirship and Rule 24 for remote appearances. | https://illinoissecondcircuit.info/local-court-rules/ |
| Land of Lincoln Legal Assistance | Jefferson County lists this legal-assistance resource with phone 618-457-7800 and hotline 800-642-5335. | https://lincolnlegal.org/locations/ |
| Illinois Legal Aid Online, estate guide | Plain-language statewide guide to settling an estate after someone dies. | https://www.illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies |
| Illinois Courts approved statewide standardized forms | Statewide forms accepted by Illinois courts, including the Certification for Exemption From E-filing, civil fee waiver application and Appearance. | https://www.illinoiscourts.gov/documents-and-forms/approved-forms/ |
| eFileIL | Statewide e-filing system for Illinois civil cases, including probate filings other than original wills. | https://efile.illinoiscourts.gov/ |
When to hire an attorney
A lawyer is especially useful in a Jefferson County estate when real estate must be sold, heirs disagree, a creditor files a claim, heirship is contested under Second Judicial Circuit Rule 20, or a will contest is possible. A representative also needs to avoid representing another person's legal interests without a law license. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset's estate settlement tools help families identify accounts, balances and institutions before they decide whether a Jefferson County probate filing is needed.
Generate the probate packet. Sunset organizes the family information, asset details and court-specific checklist so the petition, heirship materials and supporting documents are ready for review before filing with the Jefferson County Circuit Clerk.
Find a local probate attorney. When the estate involves a home sale, contested heirship, creditor issues or a court hearing that needs counsel, Sunset can connect the family with a probate attorney familiar with Illinois practice.
Sunset is free for families. Sunset helps with estate settlement at no cost to families and is paid by partners only when a family chooses a partner service.
Frequently asked questions
Where do I file probate in Jefferson County?
File with the Jefferson County Circuit Clerk at the courthouse in Mt. Vernon, 100 S. 10th Street, Mt. Vernon, IL 62864. Mail filings that may be mailed to P.O. Box 1266, Mt. Vernon, IL 62864. Venue is the county of the decedent's known place of residence, then 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).
Is Jefferson County probate e-filed?
Yes. Probate is a civil case, and Illinois requires e-filing in civil cases for filers with and without a lawyer. A self-represented filer who cannot e-file may file the statewide Certification for Exemption From E-filing. The original will is different: it cannot be e-filed and must be delivered or mailed to the Jefferson County Circuit Clerk.
How much does Jefferson County probate cost?
No Jefferson County probate fee schedule is posted online. Circuit clerk fees are set under 705 ILCS 105/27.1b by county board resolution, so call the Circuit Clerk at 618-244-8007 or 618-244-8008 to confirm the current filing fee before you submit a petition.
Can I appear remotely in a Jefferson County probate case?
Usually, yes for non-evidentiary civil hearings. Second Judicial Circuit Rule 24 allows most status hearings, case-management conferences and argument-only hearings to be attended remotely without advance judge approval. Evidence hearings, settlement conferences and trials require in-person attendance unless the judge grants a remote request. The Circuit Clerk provides Zoom information because dockets may move between courtrooms.
Are there local probate forms for Jefferson County?
Jefferson County does not publish its own decedent-estate petition packet. The Second Judicial Circuit publishes an Affidavit of Surety and two heirship affidavit forms, and Rule 20 explains when heirship can be proved by affidavit under 755 ILCS 5/5-3.
How do I look up a Jefferson County probate case?
Use Jefferson County's Judici page at https://www.judici.com/courts/index.jsp?court=IL041025J. If the estate file you need does not appear there, contact the Jefferson County Circuit Clerk.
Do I have to travel to Mt. Vernon to open probate?
You may be able to e-file the petition and attend many non-evidentiary hearings remotely under Second Judicial Circuit Rule 24. The original will still must be delivered or mailed to the Circuit Clerk, and an evidentiary hearing or contested matter may require an in-person appearance unless the judge grants a remote request.
When does the named executor have to act?
Anyone holding the will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1). A person who learns that they are named as executor has 30 days from that knowledge to start the probate proceeding or decline to act (755 ILCS 5/6-3).
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.