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Madison County, IL Probate Information
Quick facts
| Item | Madison County details |
|---|---|
| Court | Circuit Court of Madison County, Third Judicial Circuit |
| Filing office | Madison County Circuit Clerk, Civil Section, Room 120 |
| Courthouse address | Madison County Courthouse, 155 North Main Street, Edwardsville, IL 62025 |
| Mailing address | Clerk of the Circuit Court, 155 N. Main St., Suite 120, Attn: Probate, Edwardsville, IL 62025 |
| Phone | (618) 692-6240. The clerk does not publish a separate probate telephone line. |
| Fax | (618) 692-0676 |
| [email protected] | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m., closed Saturdays, Sundays and legal holidays. |
| Filing fee | $364.00 to open administration of a decedent's estate, plus a $189.00 probate appearance fee, set effective July 1, 2019 by Madison County Board Ordinance 2019-05 and carried in the Circuit Clerk fee book revised December 2, 2025. Confirm the current amount with the clerk before filing. |
| Local forms | Yes. Madison County publishes a Status Report for Decedent's Estates, an Estate Claim Form, guardianship reporting materials and two date-keyed small estate affidavit packets under 755 ILCS 5/25-1, Art. XXV. |
| E-filing | Most civil estate filings are e-filed through eFileIL. Original wills may not be e-filed under Illinois Supreme Court Rule 9(c)(1), and Rule 9 includes exceptions and exemption procedures. |
| Original will | Take the original will to Room 120 or call (618) 692-6240 before mailing it. Filing a will alone under 755 ILCS 5/6-1 is $0.00, set effective July 1, 2019 and carried in the fee book revised December 2, 2025. |
| Case search | The Madison County Circuit Clerk runs its own online Court Records Search, not Judici. The clerk says searches may be made by participant name or case number. Free public terminals are in the courthouse Records Division, Room 101, and at the Alton satellite office at 1700 E. Broadway, open Tuesday and Friday only, 8 a.m. to 4 p.m. |
| Remote appearance | Routine non-evidentiary probate matters may be handled remotely when allowed by Illinois Supreme Court Rule 45 and Third Judicial Circuit Local Rule 15. Unless the judge or docket has already provided for remote appearance, Local Rule 15 calls for a written request at least seven days before the hearing with a proposed order. |
| Website | madisoncountyil.gov/departments/circuit_clerk/index.php |
Before you begin — know the assets and liabilities
Before you file anything in Madison County, list the assets, debts, title to real estate, beneficiary designations and whether an original will exists. The answer often determines whether the family needs letters of office under 755 ILCS 5, a date-keyed small estate affidavit under 755 ILCS 5/25-1, Art. XXV, or attorney-guided court administration.
Sunset helps families start estate settlement by searching for accounts and assets across more than 2,300 financial institutions, then organizing the information a Madison County probate filing or attorney review will need.
Which court handles jurisdiction
Madison County probate filings go to the Madison County Circuit Clerk in Edwardsville. Madison shares the Third Judicial Circuit with Bond County, but venue is a county rule: a Madison County resident's estate is opened in Madison County, not at the Bond County filing counter, under 755 ILCS 5/5-1.
The Edwardsville courthouse serves Madison County communities including Alton, Granite City, Collinsville, Edwardsville, Wood River, Godfrey, Glen Carbon, Highland, Troy, Bethalto, Maryville and Roxana. The county does not publish any second probate filing counter.
The jurisdiction process
- Identify the assets, debts, heirs, beneficiaries and any original will before choosing a filing path. If the family needs authority to collect assets or sell real estate, the representative usually seeks letters of office under 755 ILCS 5.
- File the original will with the Madison County Circuit Clerk in Room 120 if there is one. An original will may not be e-filed under Illinois Supreme Court Rule 9(c)(1). Filing a will alone under 755 ILCS 5/6-1 is $0.00, set effective July 1, 2019 and carried in the fee book revised December 2, 2025.
- Prepare the petition to open the estate, heirship materials under 755 ILCS 5/5-3, the oath and bond materials under 755 ILCS 5/12-2 unless excused, and any request for independent administration under 755 ILCS 5/Art. XXVIII.
- E-file the probate petition through eFileIL unless an exception or exemption applies. Self-represented civil filers can get e-filing help in Room 120, and original wills are handled separately because they cannot be e-filed.
- Pay the Madison County filing charges. Opening administration of a decedent's estate is $364.00 and the probate appearance fee is $189.00, set effective July 1, 2019 by Madison County Board Ordinance 2019-05 and carried in the fee book revised December 2, 2025. Ask the clerk to confirm current charges before filing.
- Give required notice to heirs and legatees, and publish creditor notice when the estate is opened. Creditor notice under 755 ILCS 5/18-3 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.
- Follow the court's scheduling notice. Madison County does not publish a fixed filing-to-hearing window or a weekly probate call. Check the clerk's docket pages, the courtroom's Zoom page and any order setting the hearing.
- If you need to appear remotely, follow Illinois Supreme Court Rule 45 and Third Judicial Circuit Local Rule 15. Unless the judge or docket has already allowed remote appearances, ask in writing at least seven days before the hearing and submit a proposed order.
- After the court appoints the executor or administrator, obtain certified copies of letters of office under 755 ILCS 5. Madison County lists certified copies of letters of office at $8.00 each, effective July 1, 2019 and carried in the fee book revised December 2, 2025.
- Administer the estate, address claims, account as required and close the case. Madison County's Status Report for Decedent's Estates can be used when the representative needs to update the court in writing and request the next setting.
Forms and documents
Probate forms in Madison County
Madison County publishes a small but useful local probate form set. The local decedent-estate forms are the Status Report for Decedent's Estates and the Estate Claim Form. The Status Report is a June 2025 fillable Third Judicial Circuit form that lets the representative update the court in writing, in lieu of an appearance, about work completed, work remaining, contested issues, time needed and a requested future setting date.
The clerk also publishes two date-keyed small estate affidavit packets under 755 ILCS 5/25-1, Art. XXV, one for deaths on or before August 15, 2025 and one for deaths after that date. The completed affidavit goes to the bank, transfer agent or other institution requesting it, not to the court.
Illinois does not provide a Supreme Court approved decedent-estate packet for admitting a will, petitioning for letters of office under 755 ILCS 5, inventory, accounting or closing an estate. Madison County also does not publish a petition-for-letters packet. The clerk links other approved forms, including the civil fee waiver and the Certification for Exemption From E-filing.
Fees
Madison County has a published local fee book for probate charges. The amounts below were set effective July 1, 2019 by Madison County Board Ordinance 2019-05 and are carried in the Circuit Clerk fee book revised December 2, 2025. Confirm the current amount with the Circuit Clerk before filing.
| Probate item | Madison County fee |
|---|---|
| Open administration of a decedent's estate, testate or intestate, or of a missing person | $364.00, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
| Other probate case filing, other than opening a decedent's estate and other than filing a will | $264.00, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
| Filing a will alone under 755 ILCS 5/6-1 | $0.00, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
| Probate appearance fee | $189.00, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
| Certified copy of letters of office under 755 ILCS 5 | $8.00 each, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
| Petition to sell real estate | No fee required, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
| Each accounting other than the final accounting of a decedent, minor or disabled person | $25.00, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
| Petition seeking equitable relief, including a will contest or construction of a will | $60.00, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
| Petition to reopen an estate | No fee required, effective July 1, 2019 and carried in the fee book revised December 2, 2025 |
Creditor notice publication under 755 ILCS 5/18-3 is paid to the newspaper, not to the Circuit Clerk.
Local nuance
Madison County-specific considerations
| Local point | What it means in Madison County |
|---|---|
| Probate filing counter | PR probate cases and wills filed after death are handled through the Civil Section, Room 120, at the Madison County Courthouse. |
| Will contests | The clerk's case-designation table treats a will contest during administration as a probate case. A will contest or will construction matter not during administration is treated as a chancery case type, still handled through the Civil Section. |
| Remote appearances | Third Judicial Circuit Local Rule 15, not just the Zoom schedule, controls remote appearance procedure. Unless the judge or docket has already provided for remote attendance, the request must be written, filed at least seven days before the hearing and accompanied by a proposed order. |
| Status report | The June 2025 Status Report for Decedent's Estates can let the representative update the court in writing, in lieu of an appearance, and request a future setting date. |
| Self-represented e-filing help | Self-represented civil filers generally e-file, with Rule 9 exceptions and exemption procedures. Madison County offers courthouse help for civil e-filing in Room 120. |
| Date-keyed affidavit packets | The clerk publishes two small estate affidavit packets under 755 ILCS 5/25-1, Art. XXV, keyed to whether the death occurred on or before August 15, 2025 or after that date. |
Small-estate Alternatives
Madison County's most distinctive local small-estate feature is that the Circuit Clerk publishes two small estate affidavit packets under 755 ILCS 5/25-1, Art. XXV, keyed to the decedent's date of death. One packet is for deaths on or before August 15, 2025, and the other is for deaths after that date.
The clerk states that the form is provided as a courtesy and that, after completion, the affidavit should be delivered to the institution requesting it. It is not filed with the Madison County court, does not open a probate case and carries no court filing fee. For deaths on or after August 15, 2025, the small estate affidavit ceiling is $150,000 under 755 ILCS 5/25-1, Art. XXV.
Recent updates
| Change | Date |
|---|---|
| The Circuit Clerk fee book was reissued. It lists $364.00 to open administration of a decedent's estate, $264.00 for other probate filings, $0.00 to file a will alone under 755 ILCS 5/6-1 and a $189.00 probate appearance fee, all set effective July 1, 2019 by Madison County Board Ordinance 2019-05 and carried in the fee book revised December 2, 2025. | Fee book revised December 2, 2025 |
| The Circuit Clerk split the small estate affidavit under 755 ILCS 5/25-1, Art. XXV into two date-keyed packets and instructs families to deliver the completed affidavit to the institution requesting it. | Keyed to the August 15, 2025 statutory change |
| The Third Judicial Circuit adopted Local Rule 15, Remote Appearances, covering Bond and Madison Counties. | March 10, 2023 |
| Illinois Supreme Court Rule 45, which governs remote appearances and lists probate among civil matters, was amended. | Amended December 2, 2025, effective March 1, 2026 |
| The Circuit Clerk published a fillable Status Report for Decedent's Estates, allowing a representative to update the court in writing, in lieu of an appearance, and request the next setting. | June 2025 |
| Self-represented litigants in the Third Judicial Circuit resumed e-filing for civil matters, with courthouse help available for civil filings in Room 120 and with Illinois Supreme Court Rule 9 exceptions and exemptions still applying. | Order entered May 20, 2022, effective June 1, 2022 |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Madison County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking title, beneficiary designations and whether any asset still needs court authority. If no court authority is needed, the spouse may not need to open administration. If the home or other property needs a representative's authority, file through Room 120 for letters of office under 755 ILCS 5. | Sunset helps find accounts, organize title and beneficiary information, and connect the spouse with an Illinois probate attorney if a court filing or sale is needed. |
| Out-of-state adult child with small estate | Check whether the Madison County small estate affidavit packet under 755 ILCS 5/25-1, Art. XXV fits the date of death and the institution's request. The completed affidavit goes to the bank or other holder, not to the court. If court authority is needed, Madison County e-filing, remote-appearance procedures and the local status report can reduce travel. | Sunset helps gather account information, distinguish affidavit work from court administration, and prepare questions for the clerk or an attorney before the child travels to Edwardsville. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually requires a Madison County administration and letters of office under 755 ILCS 5. File in the Civil Section, Room 120, pay the local administration and appearance fees, publish creditor notice and ask counsel about any petition to sell real estate. | Sunset helps assemble the asset list, locate accounts and connect the parent with a vetted Illinois probate attorney for the filing, sale authority and closing steps. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Madison County Circuit Clerk | Probate and will filings in Room 120, local forms, fee book, e-filing help, court schedules and Zoom hearing information. | 155 North Main Street, Edwardsville, IL 62025. (618) 692-6240. [email protected]. Monday through Friday, 8:30 a.m. to 4:30 p.m. |
| Madison County small estate affidavit page | Provides two date-keyed small estate affidavit packets under 755 ILCS 5/25-1, Art. XXV, with instructions to deliver the completed affidavit to the institution requesting it. | madisoncountyil.gov/departments/circuit_clerk/small_estate_affidavit.php |
| Madison County Legal Self Help Center | Located inside the Madison County Law Library. Helps with public access computers, available court forms, general court-process questions and how the court works. It cannot give legal advice or prepare documents. | 155 North Main Street, Edwardsville, IL 62025. (618) 296-4472 or (618) 296-5930. Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m. |
| Madison County Law Library | Public law library in the courthouse basement with Illinois and federal reference materials and public Westlaw access. | 155 North Main Street, Edwardsville, IL 62025. (618) 296-5921. Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m. |
| Legal Advice Conference Center | Free legal advice clinic for low-income Madison County residents. A volunteer attorney meets by Zoom for 30 minutes about a Madison County case, depending on attorney availability. | Schedule by calling (618) 296-5921. |
| Land of Lincoln Legal Aid, Western Regional Office | Free civil legal help for low-income residents. The Alton office serves Madison County. | 111 East Fourth Street, Suite 330, Alton, IL 62002. (618) 462-0029 or (800) 642-5570. |
| Illinois Legal Aid Online | Plain-language Illinois estate guides and an automated Small Estate Affidavit Easy Form. | illinoislegalaid.org |
| Illinois Supreme Court approved forms | Fee waiver, Certification for Exemption From E-filing, Answer and minor guardianship forms. It does not provide a decedent-estate petition packet. | illinoiscourts.gov/documents-and-forms/approved-forms/ |
| eFileIL | State electronic filing system for Madison County civil probate filings, using certified service providers. | efile.illinoiscourts.gov. Odyssey technical help: 1-800-297-5377. County-specific questions: (618) 692-6240. |
| Court Records Search and public terminals | The clerk's online search uses participant name or case number. Free public terminals are in the courthouse Records Division, Room 101, and at the Alton satellite office at 1700 E. Broadway, open Tuesday and Friday only, 8 a.m. to 4 p.m. | madisoncountyil.gov/departments/circuit_clerk/court_records_search.php |
| Court Schedule For Zoom Hearings | Lists courtroom Zoom links, meeting IDs, passwords and dial-in numbers. Recording or rebroadcasting a proceeding is prohibited. | madisoncountyil.gov/departments/circuit_clerk/court_schedule_for_zoom_hearings.php |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify accounts, insurance, retirement assets and other property that may affect whether Madison County probate is needed. That asset picture is often the first step in estate settlement.
Generate the probate packet. Sunset uses the information you provide to organize the probate forms and supporting documents families commonly need for an Illinois estate, including the details a Madison County filing attorney will need for letters of office under 755 ILCS 5.
Find a local probate attorney. When a Madison County estate needs court administration, a real estate sale, creditor work or a dispute strategy, Sunset can connect you with a vetted Illinois probate attorney familiar with local filing practice.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset. If attorney help is needed, the attorney explains any fee arrangement directly.
Frequently asked questions
Where do I file probate in Madison County?
File Madison County decedent-estate matters with the Madison County Circuit Clerk, Civil Section, Room 120, at the Madison County Courthouse, 155 North Main Street, Edwardsville. Mail directed to probate should use the clerk's remittance wording: Clerk of the Circuit Court, 155 N. Main St., Suite 120, Attn: Probate, Edwardsville, IL 62025.
Is Madison County on Judici?
No. Madison County is not on Judici. The Madison County Circuit Clerk runs its own online Court Records Search and says you may search by participant name or case number.
Can I look up a Madison County probate case online?
The Madison County Circuit Clerk runs its own online Court Records Search, and Madison County is not on Judici. The clerk says you may search by participant name or case number, and the search screen can be slow to load during heavy use. If you cannot find a Madison County probate case, use the free public terminals in the courthouse Records Division, Room 101, or call the Circuit Clerk at (618) 692-6240.
Do I have to e-file a probate case in Madison County?
Most civil probate filings are e-filed through eFileIL. Illinois Supreme Court Rule 9(a) applies unless an exception or exemption applies. Original wills may not be e-filed under Rule 9(c)(1), and Rule 9(d) allows certain self-represented filers to use an exemption certification. Madison County offers e-filing help for civil matters in Room 120.
How do I file an original will in Madison County?
An original will may not be e-filed under Illinois Supreme Court Rule 9(c)(1). Take it to the Civil Section, Room 120, or call (618) 692-6240 before mailing it. Filing a will alone under 755 ILCS 5/6-1 is $0.00, set effective July 1, 2019 and carried in the fee book revised December 2, 2025, and it does not by itself open an estate.
What does it cost to open a Madison County estate?
The Madison County fee book lists $364.00 to open administration of a decedent's estate and a $189.00 probate appearance fee, set effective July 1, 2019 by Madison County Board Ordinance 2019-05 and carried in the Circuit Clerk fee book revised December 2, 2025. Confirm current fees with the Circuit Clerk before filing.
Can I appear remotely for a Madison County probate hearing?
Often, for routine non-evidentiary matters, but do not assume the Zoom link alone is enough. Illinois Supreme Court Rule 45 treats probate as a civil matter, and Third Judicial Circuit Local Rule 15 controls the local procedure. Unless the judge or docket has already provided for remote appearances, Local Rule 15 calls for a written request at least seven days before the hearing with a proposed order. Evidentiary hearings are presumed in person unless the judge finds good cause.
Does Madison County have a local small estate affidavit?
Yes. The Circuit Clerk publishes two date-keyed small estate affidavit packets under 755 ILCS 5/25-1, Art. XXV, one for deaths on or before August 15, 2025 and one for deaths after that date. The clerk instructs families to deliver the completed affidavit to the institution requesting it, not to file it with the court.
Do I have to travel to Edwardsville for every probate setting?
Not always. Madison County has remote-appearance procedures under Rule 45 and Local Rule 15, and the local Status Report for Decedent's Estates can let the representative update the court in writing in lieu of an appearance when the court accepts that route. Check the case notice, the courtroom's Zoom page and the clerk before relying on a remote or written appearance.
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.