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Johnson County, IL Probate Information
Quick facts
| Item | Johnson County information |
|---|---|
| Court | Circuit Court of the First Judicial Circuit, Johnson County |
| Filing office | Johnson County Circuit Clerk, P.O. Box 517, Vienna, IL 62995 |
| Courthouse city | Vienna. Call the Circuit Clerk before relying on an in-person counter address. |
| Phone | (618) 658-4751 |
| Fax | (618) 658-2908 |
| Hours | Monday through Friday. First Judicial Circuit Rule 1.13 states 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. for counties under 25,000 population, which includes Johnson County. Confirm current counter hours with the Circuit Clerk. |
| Filing fee | Johnson County does not publish a probate fee schedule online. Illinois circuit clerk filing fees are set under 705 ILCS 105/27.1b, so confirm the current amount with the Johnson County Circuit Clerk before filing. |
| Local forms | No Johnson County-specific decedent-estate probate forms are published online. |
| E-filing | Required in Illinois civil cases, including probate, for filers with and without a lawyer. A self-represented filer may use the Certification for Exemption From E-filing if Rule 9(d) applies. An original will cannot be e-filed and must be delivered or mailed to the Circuit Clerk. |
| Case search | Johnson County uses Judici at www.judici.com/courts/index.jsp?court=IL044015J. If an estate case does not appear there, call the Circuit Clerk. |
| Remote appearance | First Judicial Circuit Rule 1.15 allows remote appearance by phone or Zoom when available, but remote capability differs by county. Check the case notice or call the Circuit Clerk. |
| Website | firstcircuitil.org/circuit-courts/johnson-county/ |
Before you begin — know the assets and liabilities
Before opening a Johnson County estate, list the assets, debts, account owners, beneficiary designations, vehicle titles, and any real estate. That inventory tells you whether court authority is needed, whether the original will must be delivered to Vienna, and whether the estate settlement can stay simple.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts before they choose a probate path. In Johnson County, that preparation is especially helpful because no local probate fee schedule or decedent-estate form packet is published online, so a complete first call to the Circuit Clerk matters.
Which court handles jurisdiction
One Johnson County courthouse in Vienna serves probate filings for Johnson County estates. Johnson County is part of the First Judicial Circuit with Alexander, Pulaski, Massac, Pope, Union, Jackson, Williamson, and Saline Counties. The circuit shares administration, but a Johnson County estate is filed with the Johnson County Circuit Clerk in Vienna, not with another county in the circuit.
Illinois venue is county based. Probate or administration belongs in the county where the decedent had a known place of residence, or, if there was no Illinois residence, the county with the greater part of the decedent's Illinois real estate, or, if there was no Illinois real estate, the county with the greater part of the personal estate (755 ILCS 5/5-1).
The jurisdiction process
- Locate the original will if one exists. Anyone holding the will must file it with the proper Circuit Clerk immediately after 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 (755 ILCS 5/6-3).
- Prepare the petition to admit the will, if there is one, and to issue letters of office under the Illinois Probate Act of 1975 (755 ILCS 5/6-2). If there is no will, prepare the petition for administration under Article IX.
- E-file the petition and supporting documents through eFileIL unless you qualify for an e-filing exemption. Do not e-file the original will. Mail or deliver it to the Johnson County Circuit Clerk, P.O. Box 517, Vienna, IL 62995.
- Call the Johnson County Circuit Clerk at (618) 658-4751 to confirm the current probate filing fee before submitting the filing. Johnson County does not publish a probate fee schedule online, and Illinois filing fees are set under 705 ILCS 105/27.1b.
- Prove heirship as required by Illinois law (755 ILCS 5/5-3). If the court grants independent administration, Article XXVIII applies unless the will forbids it or an interested person properly objects (755 ILCS 5/28-2).
- File the representative's oath and any required bond before acting for the estate (755 ILCS 5/12-2). Once the court enters the order, the clerk issues letters of office under 755 ILCS 5, called letters testamentary for an executor named in a will and letters of administration for an administrator.
- 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).
- Publish the creditor notice once each week for three successive weeks in a newspaper published in the county where the estate is administered, then file proof of publication. The claims date must be at least six months from first publication or three months from mailing or delivery to a known creditor, whichever is later (755 ILCS 5/18-3).
- Inventory the estate, collect assets, manage or sell property when authority exists, pay allowed claims in the proper order, and keep accounting records for the estate.
- Close the estate by completing the required accounting, receipts, distributions, and closing filings. If the matter becomes inactive, First Judicial Circuit Rule 1.6 allows the judge to place it on a docket call or inactive probate docket.
Forms and documents
Probate forms in Johnson County
No Johnson County-specific probate packet, decedent-estate form, will form, or small-estate form is published online. The First Judicial Circuit's online forms page points users to Illinois Courts-approved statewide standardized forms.
Illinois does not publish a statewide standardized decedent-estate probate form set. The statewide forms that commonly matter in a Johnson County estate are the Appearance, the Fee Waiver for Civil Cases application, and the Certification for Exemption From E-filing.
| Form source | What to use it for |
|---|---|
| First Judicial Circuit online forms | Links to statewide standardized court forms accepted in the First Judicial Circuit. |
| Illinois Courts approved statewide standardized forms | Use the Appearance, Fee Waiver for Civil Cases, and Certification for Exemption From E-filing when they fit your situation. |
| Johnson County Circuit Clerk | Ask the clerk what petition, proposed order, oath, bond, and local cover materials are needed for the estate you are opening. |
Local nuance
Johnson County-specific considerations
| Local rule | What it means in Johnson County |
|---|---|
| First Judicial Circuit Rule 1.6 | If a decedent's estate or guardianship has been inactive for a considerable time, the judge may place it on a docket call. If the case cannot be conveniently ended, it may be moved to an inactive docket and later returned to the active docket by motion and order. |
| First Judicial Circuit Rule 1.13 | Circuit Clerk offices are open Monday through Friday except state legal holidays or emergency closures. For counties under 25,000 population, the rule states 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. Call the Johnson County Circuit Clerk to confirm current counter hours before traveling. |
| First Judicial Circuit Rule 1.15 | Phone or Zoom attendance may be available, but the rule says remote capability differs by county. Use the court notice or the Circuit Clerk for the correct Johnson County instructions. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Scenario | Johnson 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. For assets in the decedent's sole name, the spouse e-files the petition, mails or delivers the original will to the Johnson County Circuit Clerk, and calls the clerk to confirm the current fee and hours. | Sunset helps identify which accounts and assets need court authority and prepares the family for the first clerk or attorney call. |
| Out-of-state adult child with small estate | Much of the estate settlement may be handled from outside Illinois through e-filing and phone contact with the Circuit Clerk. The original will still has to be mailed or delivered to Vienna, and remote appearance should be checked under First Judicial Circuit Rule 1.15. | Sunset organizes account information, beneficiary details, and mailing tasks so the child knows what can be handled remotely and what must go to the clerk. |
| Parent settling predeceased child's estate, home must be sold | Selling real estate usually requires court-issued letters of office under 755 ILCS 5. If the case sits open without activity, First Judicial Circuit Rule 1.6 allows a docket call or inactive probate status. Creditor notice still uses the six-month publication framework in 755 ILCS 5/18-3. | Sunset helps gather property, debt, and account information and can connect the family with a Johnson County probate attorney when a sale or court order is needed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Johnson County Circuit Clerk | Filing office for Johnson County estates, including original wills and probate filings. | P.O. Box 517, Vienna, IL 62995. Phone: (618) 658-4751. Fax: (618) 658-2908. Website: firstcircuitil.org/circuit-courts/johnson-county/ |
| First Judicial Circuit Lawyer in the Library program | Free brief attorney consultations at public libraries across the First Judicial Circuit for civil legal matters, including probate. Pre-registration is typically required. | firstcircuitil.org/self-represented-litigants/ |
| Land of Lincoln Legal Aid, Southern Regional Office | Free civil legal help for eligible low-income people in Johnson County. Ask intake whether the office can help with the estate issue. | 509 South University Avenue, Carbondale, IL 62901. Phone: (618) 457-7800. Toll free: (800) 642-5335. Website: lincolnlegal.org/ |
| Illinois Legal Aid Online, estate guide | Plain-language statewide guide to settling an estate after someone dies. | illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies |
| Illinois Courts approved statewide standardized forms | Statewide forms accepted in Illinois courts, including the Appearance, Fee Waiver for Civil Cases, and Certification for Exemption From E-filing. | illinoiscourts.gov/documents-and-forms/approved-forms/ |
| eFileIL | Statewide electronic filing system for Johnson County civil and probate filings. | efile.illinoiscourts.gov/ |
When to hire an attorney
A Johnson County probate attorney is especially useful when the estate includes farmland or a house that must be sold, heirs disagree, a creditor files a claim, a will contest is possible, or the estate has been inactive long enough for First Judicial Circuit Rule 1.6 to matter. Illinois also limits non-lawyers from representing another person's legal interests, so get advice before signing or filing for anyone other than yourself. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can identify accounts, balances, insurance leads, and other assets before choosing the right Johnson County estate settlement path.
Generate the probate packet. Sunset helps organize the information needed for petitions, notices, asset lists, and letters of office requests under the Illinois Probate Act of 1975 (755 ILCS 5), then helps you understand what must be e-filed and what must be mailed or delivered to the Johnson County Circuit Clerk.
Find a local probate attorney. If the estate needs a home sale, contested heirship, creditor negotiation, or court guidance, Sunset can connect the family with an Illinois probate attorney serving Johnson County.
Sunset is free for families. Sunset's estate settlement tools are free for families. If legal help is needed, the attorney relationship is separate and the attorney explains any fee before work begins.
Frequently asked questions
Where do I file for probate in Johnson County?
File with the Johnson County Circuit Clerk in Vienna. 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 decedent's Illinois real estate, then the county with the greater part of the personal estate (755 ILCS 5/5-1).
Do I have to e-file a Johnson County probate case?
Yes. Probate is a civil case, and Illinois Supreme Court Rule 9 requires e-filing unless an exception or exemption applies. A self-represented filer who cannot e-file may use the statewide Certification for Exemption From E-filing under Rule 9(d). An original will cannot be e-filed and must be delivered or mailed to the Johnson County Circuit Clerk.
How much does probate cost in Johnson County?
Johnson County does not publish a probate fee schedule online. Illinois circuit clerk fees are set under 705 ILCS 105/27.1b, so call the Johnson County Circuit Clerk at (618) 658-4751 for the current probate filing amount before you submit the petition.
Are there local probate forms in Johnson County?
No Johnson County-specific decedent-estate probate forms are published online. Illinois Courts-approved statewide forms are available for the Appearance, civil fee waiver, and e-filing exemption, but not for a complete decedent-estate probate packet.
Can I appear remotely in a Johnson County probate case?
Possibly. First Judicial Circuit Rule 1.15 allows participants to attend by phone or Zoom when remote appearance is available, but the rule says capability differs from county to county. Check the hearing notice or call the Circuit Clerk before assuming you can appear remotely.
How do I look up a Johnson County probate case?
Use Johnson County's Judici entry point at www.judici.com/courts/index.jsp?court=IL044015J. If the estate does not appear there, call the Circuit Clerk because public index depth can vary.
What are the Johnson County Circuit Clerk's office hours?
The office is open Monday through Friday. First Judicial Circuit Rule 1.13 states 8:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. for counties under 25,000 population, which includes Johnson County. Call the clerk before traveling, especially around noon or before a filing deadline.
Do I have to travel to Vienna for estate settlement?
Not for every step. Petitions are generally e-filed, and remote appearance may be available under First Judicial Circuit Rule 1.15. The original will still cannot be e-filed, so it must be delivered or mailed to the Johnson County 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.