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Marion County, IL Probate Information
Quick facts
| Item | Marion County detail |
|---|---|
| Court | Circuit Court of the Fourth Judicial Circuit, Marion County |
| Filing office | Marion County Circuit Clerk, 100 E. Main Street, Room 204, Salem, IL 62881 |
| Mailing | No separate mailing address is listed; use the Circuit Clerk's courthouse address unless the clerk gives you different instructions. |
| Phone | The Marion County government page lists (618) 548-3400. A separate Circuit Clerk site lists (618) 548-3856. No separate probate line is listed, so call before mailing an original will or fee payment. |
| Fax | No fax is listed on the Circuit Clerk page. |
| No email address is listed on the Circuit Clerk page. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. No lunch closure or filing cutoff is listed. |
| Filing fee | Administration of a decedent's estate is listed at $371.00 filing and $196.00 answer on the clerk's fee page reviewed August 2026. Confirm the current total with the Circuit Clerk before filing. |
| Local forms | No local decedent-estate petition, order, oath, inventory, account or claim form is listed. Marion links statewide forms and a small estate affidavit form. |
| E-filing | 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. |
| Case lookup | Marion County uses Judici for free public case lookup. If an estate does not appear there, ask the Circuit Clerk how to check the file. |
| Remote appearance | Fourth Judicial Circuit Rule 10-8 allows remote appearances by Zoom at the judge's discretion. |
| Website | https://marioncountyil.gov/circuit-clerk/ |
Before you begin — know the assets and liabilities
Before you file in Marion County, list the decedent's accounts, debts, vehicles, real estate, beneficiary designations and jointly owned property. That asset map controls whether you need letters of office under 755 ILCS 5, whether something passes outside probate, and how much filing activity the Circuit Clerk will see.
Sunset's estate settlement platform includes asset discovery across more than 2,300 institutions, so families can identify accounts before choosing a Marion County filing path. That preparation helps avoid opening a case too early, missing a creditor, or mailing the original will without the right petition and fee plan.
Which court handles jurisdiction
One courthouse serves Marion County probate filings: the Marion County Courthouse, 100 E. Main Street in Salem. File Marion County estates with the Marion County Circuit Clerk, Room 204, even though the Fourth Judicial Circuit also includes Clinton, Clay, Fayette, Effingham, Jasper, Montgomery, Shelby and Christian Counties.
Illinois venue follows a county-by-county rule. Probate or administration is in the county where the decedent had a known place of residence, or, if there was no Illinois residence, in the county with the greater part of the decedent's Illinois real estate, or then the greater part of the decedent's Illinois personal estate (755 ILCS 5/5-1). A shared circuit does not move a Marion County estate to another county's filing counter.
The jurisdiction process
- Locate the original will and file it with the Marion County Circuit Clerk immediately after death if you have it (755 ILCS 5/6-1). The petition and supporting papers are e-filed, but the original will cannot be e-filed under Rule 9(c)(1) and must be delivered or mailed to 100 E. Main Street, Room 204, Salem.
- Prepare the petition to admit the will and issue letters of office under 755 ILCS 5/6-2 and 755 ILCS 5/6-8, or the appropriate administration petition if there is no will. Marion County does not publish a local decedent-estate packet, so match the Probate Act and Fourth Judicial Circuit Rule 13.
- Apply the Fourth Circuit will rules before filing. If the will is handwritten, include a typewritten copy and affidavit. If the will is in another language, include a typewritten English copy with a qualified translator's certification. For other wills, attach a copy believed to be valid.
- E-file the petition through eFileIL unless you qualify for and file a Certification for Exemption From E-filing. For an administration of a decedent's estate, the clerk's fee page reviewed August 2026 lists $371.00 filing and $196.00 answer; confirm the current total before filing.
- Prove heirship under 755 ILCS 5/5-3. Fourth Circuit Rule 13-3 allows testimony in open court or an affidavit, and the representative submits a separate proposed order declaring heirship.
- Attend the hearing or any scheduled court date. Fourth Circuit Rule 10-8 allows Zoom appearances at the judge's discretion. If the court grants independent administration under Article XXVIII, the court sets a status date 14 months after the order under Rule 13-9.
- File the oath and any required bond before acting as representative (755 ILCS 5/12-2). After qualification, the clerk issues letters of office under 755 ILCS 5, which banks, buyers, title companies and other holders may request as proof of authority.
- 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). Keep proof for filing with the clerk.
- Publish the creditor notice once each week for 3 successive weeks in a newspaper published in the county of administration, then file proof of publication. The claims date must be at least six months from first publication or 3 months from mailing or delivery, whichever is later (755 ILCS 5/18-3).
- Collect assets, address claims, prepare any required inventory and accounts, handle sale or transfer of property, and close the estate under the Probate Act and any court order. Use the 14-month Marion County status date as an estate settlement checkpoint, not as permission to wait on required notices or claims work.
Forms and documents
Probate forms in Marion County
Marion County does not list a local decedent-estate probate packet. The Circuit Clerk's forms page points users to statewide Illinois court forms and lists a small estate affidavit link and guardianship forms, but it does not publish a local petition for probate, proposed order, oath, inventory, account or estate claim form.
For a Marion County estate, expect to use statewide forms where they fit, including the Certification for Exemption From E-filing, the Fee Waiver for Civil Cases application and the Appearance. For decedent-estate filings, prepare the petition and proposed orders to match the Illinois Probate Act of 1975 and Fourth Judicial Circuit Rule 13. Rule 13-2 adds local requirements for wills: a handwritten will needs a typewritten copy and affidavit, a will in another language needs a typewritten English copy with a qualified translator's certification, and other wills should have a copy attached to the petition in addition to the requirements of 755 ILCS 5/6-2.
Fees
The Marion County Circuit Clerk publishes a PR probate fee section. The page does not give one overall effective date for the probate amounts, so treat these as the amounts shown on the clerk's page reviewed August 2026 and confirm the current total before filing. Illinois circuit clerk fees are set under the statewide framework in 705 ILCS 105/27.1b and county action, not by a single statewide probate fee.
| Probate fee item | Amount shown by Marion County |
|---|---|
| Administration of decedent's estate | $371.00 filing and $196.00 answer, page reviewed August 2026 |
| Missing person probate case | $371.00 filing and $196.00 answer, page reviewed August 2026 |
| File last will and testament under 755 ILCS 5/6-1 | No charge shown, page reviewed August 2026 |
| Probate-specific jury demand | $137.50, page reviewed August 2026 |
| Claim against estate, $150.01 to $500 | $25.00, page reviewed August 2026 |
| Claim against estate, $500.01 to $10,000 | $40.00, page reviewed August 2026 |
| Claim against estate, over $10,000 | $60.00, page reviewed August 2026 |
| Will contest, will construction, testamentary trust matter or other listed equitable probate filing | $60.00, page reviewed August 2026 |
| Accounting other than final account | $25.00, page reviewed August 2026 |
| Additional certified copies of letters of office, the authority document issued under 755 ILCS 5 | $2.00 each after the first copy, page reviewed August 2026 |
Local nuance
Marion County-specific considerations
Fourth Judicial Circuit Rule 13 is the main local probate layer for Marion County. It defines probate cases to include decedent estates, minor guardianships, disabled adult guardianships, traditional P-code cases and ancillary proceedings.
| Local rule | What it means in Marion County |
|---|---|
| Rule 13-2, admission of will to probate | A handwritten will needs a typewritten copy and an affidavit that the copy is true and correct. A will in a language other than English needs a typewritten English copy with a qualified translator's certification. Other wills should have a copy attached to the petition, in addition to 755 ILCS 5/6-2 requirements. |
| Rule 13-3, heirship | Proof of heirship may be made in open court or by affidavit under 755 ILCS 5/5-3, and the representative submits a separate proposed order declaring heirship. |
| Rule 13-4, bonds and sureties | An individual surety must give a residence address under the signature and may be asked for a verified affidavit and written agreement about real estate used for surety. |
| Rule 13-9, independent administration status | When independent administration is granted under Article XXVIII, the court sets a status date 14 months after the order. If counsel or the independent representative does not appear, the court proceeds under the circuit's status rule. |
| Rule 10-8, remote appearances | Remote appearances may be allowed by Zoom at the judge's discretion. The judge may allow or require in-person attendance. |
Recent updates
Scenarios
| Scenario | Likely Marion 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. Assets in the decedent's sole name may require a Marion County filing, e-filing the petition, delivering or mailing the original will to Room 204, and paying the clerk's administration fee listed at $371.00 filing and $196.00 answer on the page reviewed August 2026. | Sunset organizes title, account and debt information so the spouse can see what needs probate and what may transfer outside the estate settlement. |
| Out-of-state adult child with small estate | Some work can be handled from outside Illinois through eFileIL, phone calls to the Circuit Clerk and possible Zoom appearances under Fourth Circuit Rule 10-8. The original will still must reach the Circuit Clerk physically, and independent administration under Article XXVIII receives a 14-month status date under Rule 13-9. | Sunset helps gather account information, prepare a filing checklist, and flag when a local attorney should step in for Marion County court activity. |
| Parent settling predeceased child's estate, home must be sold | Selling real estate generally requires court authority through letters of office under 755 ILCS 5. Open the estate with the Marion County Circuit Clerk, obtain certified copies for the title company, and publish the creditor notice so the six months period under 755 ILCS 5/18-3 can run before distribution. | Sunset supports the estate settlement workflow by tracking assets, deadlines, creditor information and attorney handoffs when real estate must be sold. |
Self-help resources
| Resource | How it helps |
|---|---|
| Marion County Circuit Clerk | Filing office for probate matters at 100 E. Main Street, Room 204, Salem. The county page lists (618) 548-3400, and a separate Circuit Clerk site lists (618) 548-3856. Hours are Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Marion County Circuit Clerk fee schedule | Lists the county's PR probate fee items, including administration of a decedent's estate, claim tiers and certified copies of letters of office under 755 ILCS 5. |
| Fourth Judicial Circuit Rules of Practice | Contains Rule 13 for probate practice in Marion County and Rule 10-8 for remote appearances. |
| Land of Lincoln Legal Aid, Mount Vernon office | Regional legal aid office listed for this area at 1702 Broadway, Suite B, Mount Vernon, IL 62864, phone 618-457-7800 or 800-642-5335. Call to ask about eligibility and probate-related help. |
| Illinois Legal Aid Online, how do I settle an estate after someone dies | Plain-language statewide guide to estate settlement steps and common probate questions. |
| Illinois Courts approved statewide standardized forms | Includes the Certification for Exemption From E-filing, Fee Waiver for Civil Cases and Appearance. The statewide list does not include a decedent-estate probate packet. |
| eFileIL | Statewide e-filing system used for Illinois civil cases, including Marion County probate filings when the filer is not exempt. |
When to hire an attorney
A lawyer is especially useful in Marion County when the estate includes a house or farmland to sell, heirs disagree, a creditor files a claim, a will contest or will-construction issue is possible, or the representative needs help preparing accounts under Fourth Judicial Circuit probate practice. Illinois law allows a person to act for that person's own interests, but a non-lawyer should not try to represent other people's legal interests. Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets.
Sunset's estate settlement tools help families search across more than 2,300 financial institutions, organize what the decedent owned and owed, and decide what may need Marion County probate.
Generate the probate packet.
Sunset helps assemble the information needed for a Marion County filing, including heirs, assets, liabilities, the original will workflow and the local fee checklist for the Circuit Clerk.
Find a local probate attorney.
When the estate has real estate, creditor issues, a will dispute or a court status date that needs legal handling, Sunset can connect the family with a vetted Illinois probate attorney.
Sunset is free for families.
Families can use Sunset for estate settlement organization at no cost. If paid professional help is needed, Sunset explains the options before making an introduction.
Frequently asked questions
Where do I file probate in Marion County?
File with the Marion County Circuit Clerk at 100 E. Main Street, Room 204, Salem, IL 62881. Venue is usually the county where the decedent had a known place of residence, then the county with the greater part of the decedent's Illinois real estate, then the county with the greater part of the decedent's Illinois personal estate (755 ILCS 5/5-1).
Does Marion County require e-filing for probate?
Yes. Illinois Supreme Court Rule 9 requires e-filing in civil cases, including probate. If you are self-represented and cannot e-file, you may file the statewide Certification for Exemption From E-filing. An original will cannot be e-filed under Rule 9(c)(1), so deliver or mail it to the Marion County Circuit Clerk.
How much does it cost to open a decedent's estate in Marion County?
The clerk's fee page reviewed August 2026 lists administration of a decedent's estate at $371.00 filing and $196.00 answer. Confirm the current amount with the Circuit Clerk before filing or mailing payment.
Are there local Marion County probate forms?
No local decedent-estate petition, order, oath, inventory, account or claim form is listed by the Marion County Circuit Clerk. Use statewide forms where available and prepare estate-specific documents under the Probate Act and Fourth Judicial Circuit Rule 13.
Can I appear remotely in a Marion County probate matter?
Possibly. Fourth Judicial Circuit Rule 10-8 allows remote appearances through Zoom at the judge's discretion. A judge may still require any participant to appear in person.
How do I look up a Marion County probate case?
Marion County uses Judici for public case lookup. If an estate does not appear on Judici, call the Circuit Clerk because the public lookup may not show every probate file or document.
What happens after the court grants independent administration in Marion County?
Under Fourth Judicial Circuit Rule 13-9, when the court grants independent administration under Article XXVIII of the Probate Act, the court sets a status date 14 months after the order. The representative or counsel should calendar that date.
Do I have to travel to Salem to start probate?
Many filings can be e-filed, and the court may allow Zoom appearances under Fourth Judicial Circuit Rule 10-8. The original will still must be delivered or mailed to the Circuit Clerk because original wills cannot be e-filed.
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.