Back to Illinois
Marshall County, IL Probate Information
Quick facts
| Item | Marshall County details |
|---|---|
| Court | Circuit Court of the Tenth Judicial Circuit, Marshall County |
| Filing office | Marshall County Circuit Clerk, 122 North Prairie Street, Lacon, IL 61540 |
| Mailing address | Marshall County Circuit Clerk, P.O. Box 328, Lacon, IL 61540-0328 |
| Phone | (309) 246-6435. No separate probate line is published. |
| Fax | (309) 246-2173 |
| [email protected]. This is the elected clerk mailbox published by the county, so confirm before sending sensitive information. | |
| Hours | Monday through Friday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m., closed for lunch |
| Filing fee | Administration of Decedent's Estate, $276.00 new filing and $201.00 answer or appearance, effective October 1, 2025. Confirm the current amount with the Circuit Clerk before filing. |
| Local forms | No Marshall County decedent estate probate packet or cover sheet is published by the Circuit Clerk. |
| E-filing | Probate petitions are filed through eFileIL. A self-represented filer who cannot e-file may use the Supreme Court 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 lookup | Marshall County online court lookup is on Judici at judici.com. If a probate matter does not appear there, call the Circuit Clerk. |
| Remote appearance | Tenth Judicial Circuit Local Rule 86 allows remote appearance in civil matters at the judge's discretion. If the matter is set in person, request remote appearance in writing or in person at least three business days before the proceeding unless the judge sets the matter remote. |
| Website | https://marshallcountyillinois.gov/directory/circuit-clerk/ |
Before you begin — know the assets and liabilities
Before you file in Marshall County, identify what the decedent owned, how each asset was titled, and what debts or claims may exist. A co-owned account, beneficiary designation, vehicle, farm interest, or solely titled home can change whether a court filing is needed and what documents should be prepared.
Sunset's estate settlement process includes asset discovery across more than 2,300 financial institutions, then organizes what you find into a probate plan for the Marshall County Circuit Clerk. That preparation helps you avoid opening the wrong case or missing an account that affects the filing.
Which court handles jurisdiction
Marshall County probate matters are filed at the Marshall County Courthouse, 122 North Prairie Street, Lacon, IL 61540. The Circuit Clerk's mailing address is P.O. Box 328, Lacon, IL 61540-0328.
Marshall County serves Lacon, the county seat, and the surrounding rural townships of Marshall County. It is part of the Tenth Judicial Circuit with Peoria, Tazewell, Putnam and Stark Counties. That shared circuit structure does not move a Marshall County estate to another county's filing counter.
Under Illinois venue law, probate or estate administration belongs first in the county where the decedent had a known place of residence, then where the greater part of Illinois real estate is located, and then where the greater part of Illinois personal estate is located (755 ILCS 5/5-1).
The jurisdiction process
Confirm that Marshall County is the correct venue. Illinois uses the county of known residence first, then the county with the greater part of Illinois real estate, then the county with the greater part of Illinois personal estate (755 ILCS 5/5-1).
File the original will with the Marshall County Circuit Clerk if one exists. Anyone holding a will must file it immediately after death (755 ILCS 5/6-1). An original will cannot be e-filed under Illinois Supreme Court Rule 9(c)(1), so mail or deliver it to the Circuit Clerk in Lacon.
Prepare the petition to admit the will and issue letters of office, or the petition for administration if there is no will. E-file the petition and allowed supporting documents through eFileIL unless you qualify for and file the statewide Certification for Exemption From E-filing.
Pay the Marshall County filing fee. Administration of Decedent's Estate is $276.00 for a new filing and $201.00 for an answer or appearance, effective October 1, 2025. Confirm the current amount with the Circuit Clerk before filing.
Prove heirship. Tenth Judicial Circuit Rule 65(a) allows proof of heirship by testimony in open court, affidavit under 755 ILCS 5/5-3, deposition, or verified petition.
Ask the court for the correct order and letters of office under 755 ILCS 5. If nobody properly objects and the will does not forbid it, the court grants independent administration under Article XXVIII of the Probate Act; supervised administration is also governed by Article XXVIII when supervision is required or ordered.
Complete the oath and bond requirements before acting as representative (755 ILCS 5/12-2). Under Tenth Judicial Circuit Rule 62, file the representative's address with the clerk when the oath is signed and report later address changes.
Send required notices after appointment. Illinois requires 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 in a newspaper in the county where the estate is administered once each week for three successive weeks and file proof of publication. The claims date must be at least six months from the first publication, or three months from mailing or delivery to a known creditor, whichever is later (755 ILCS 5/18-3).
Prepare the inventory and administer the estate. If the estate includes real estate, Tenth Judicial Circuit Rule 66(a) requires the inventory to include the legal description and street address, if any.
Handle hearings and remote requests. Tenth Judicial Circuit Local Rule 86 allows remote appearance in civil matters at the judge's discretion, and a request for a proceeding otherwise set in person must be made in writing or in person at least three business days before the proceeding unless the judge sets the matter remote.
Pay allowed claims, account and close the estate. Tenth Judicial Circuit Rule 76 requires a verified final account addressing costs and claims before approval, and independent administration under Article XXVIII may reduce court filings when no interested person requires supervision.
Forms and documents
Probate forms in Marshall County
Marshall County does not publish a decedent estate probate packet, local cover sheet, petition, order, oath, inventory, or account form on the Circuit Clerk page. Prepare the Illinois Probate Act of 1975 filings needed for the estate, then file through eFileIL unless a Rule 9 exemption applies.
Illinois does not publish statewide standardized forms for decedent estate probate. The statewide forms that may matter in a Marshall County probate case are the Appearance, the Fee Waiver for Civil Cases application, and the Certification for Exemption From E-filing. Every Illinois court must accept those statewide forms.
If there is an original will, do not upload it as an e-filed document. Mail or deliver the original will to the Marshall County Circuit Clerk in Lacon while e-filing the petition and other allowed documents.
Fees
| Fee item | Marshall County amount |
|---|---|
| Administration of Decedent's Estate, new filing | $276.00, effective October 1, 2025 |
| Answer or appearance | $201.00, effective October 1, 2025 |
| Construction of Testamentary Trust, Construction of Will, or Will Contest | $60.00, effective October 1, 2025 |
| Accounting, each other than final | $25.00, effective October 1, 2025 |
| Certified letters of office | $2.00 each, effective October 1, 2025 |
| Claim from $150 to $500 | $25.00, effective October 1, 2025 |
| Claim from $500.01 to $10,000 | $40.00, effective October 1, 2025 |
| Claim of $10,000.01 and over | $60.00, effective October 1, 2025 |
| Probate jury demand | $137.50, effective October 1, 2025 |
Illinois circuit clerk fees are set within the framework of 705 ILCS 105/27.1b, but each county publishes its own amounts. Confirm the current total with the Marshall County Circuit Clerk before filing or ordering certified letters of office under 755 ILCS 5.
Local nuance
Marshall County-specific considerations
Marshall County uses the Tenth Judicial Circuit probate rules for Peoria, Tazewell, Marshall, Putnam and Stark Counties. Those rules add practical filing details on top of the Illinois Probate Act of 1975.
| Local rule | Marshall County probate point |
|---|---|
| Rule 62 | An executor, administrator, or guardian files an address with the clerk when signing the oath and reports any later address change during administration. |
| Rule 63(b) | After a will is admitted, the clerk keeps the original will separate from the court file for six months following admission and releases it only by court order. |
| Rule 65(a) | Proof of heirship may be made by testimony in open court, affidavit under 755 ILCS 5/5-3, deposition, or verified petition. |
| Rule 66(a) | An inventory for an estate with real estate must include the legal description of each parcel and the street and number, if any. |
| Rule 73 | Distribution before the expiration of six months after issuance of letters is limited and tied to 755 ILCS 5/24-4(a); the rule requires an inventory, a current account, paid accrued costs, and evidence about allowed claims. |
| Rule 76 | A verified final account must address costs and claims before approval. |
Recent updates
| Update | What changed |
|---|---|
| Marshall County Filing Fee Schedule effective October 1, 2025 | Administration of Decedent's Estate is listed at $276.00 new filing and $201.00 answer or appearance. Will contest or will construction is listed at $60.00, and claim filing tiers are $25.00, $40.00 and $60.00, all effective October 1, 2025. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Marshall County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | First confirm what passed outside probate and what stayed in the decedent's sole name. If a court case is needed, e-file the petition through eFileIL, deliver or mail the original will to the Marshall County Circuit Clerk, and budget for the $276.00 new filing fee, effective October 1, 2025. | Sunset helps identify accounts, title patterns and debts, then organizes the estate settlement information into a filing plan. |
| Out-of-state adult child with a small estate | Call the Circuit Clerk at (309) 246-6435 before traveling. A remote appearance may be requested under Tenth Judicial Circuit Local Rule 86, but the original will still must be mailed or delivered to Lacon. If appointed, Rule 62 requires the representative's address to stay current with the clerk. | Sunset helps gather asset information remotely, prepare the probate packet, and track the steps that still require the Circuit Clerk. |
| Parent settling predeceased child's estate, home must be sold | A court filing is likely when a solely titled home must be sold. Tenth Judicial Circuit Rule 66(a) requires the inventory to include the legal description and street address of real estate. Certified letters of office are $2.00 each, effective October 1, 2025. | Sunset helps organize real estate, creditor and heir information and can connect the family with a local probate attorney when a sale or dispute needs legal help. |
Self-help resources
| Resource | How it helps |
|---|---|
| Marshall County Circuit Clerk | Filing office for probate in Marshall County. 122 North Prairie Street, P.O. Box 328, Lacon, IL 61540, (309) 246-6435, fax (309) 246-2173. |
| Tenth Judicial Circuit local court rules | Rules for Peoria, Tazewell, Marshall, Putnam and Stark Counties, including the probate rules that apply in Marshall County. |
| Tenth Judicial Circuit remote hearings information | Explains remote hearing practice and lists the Marshall County Circuit Clerk phone number for Marshall County remote hearing questions. |
| Peoria County Legal Self-Help Center | Tenth Judicial Circuit self-help resource at the Peoria County Courthouse, 324 Main Street, Room 211, Peoria, IL 61602, (309) 672-6084, Monday through Friday 8:30 a.m. to 5:00 p.m. It is not located in Marshall County. |
| Prairie State Legal Services, Peoria office | Legal aid office serving Marshall County. 101 SW Adams St., Suite 800, Peoria, IL 61602, (309) 674-9831 or toll free (800) 322-2280. |
| 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 Appearance, Fee Waiver for Civil Cases, and Certification for Exemption From E-filing forms when needed. |
| eFileIL | Statewide electronic filing system for Illinois civil filings, including probate petitions that may be e-filed. |
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 belong in the estate settlement.
Generate the probate packet. Sunset organizes the family information, asset details and court-ready documents needed to start a Marshall County probate filing, while keeping the original will delivery rule separate from e-filing.
Find a local probate attorney. When a Marshall County estate involves real estate, contested heirs, creditor claims, or a court-supervised sale, Sunset can connect the family with a vetted Illinois probate attorney.
Sunset is free for families. Sunset helps families understand the estate settlement path, collect information and move the process forward without charging families for the platform.
Frequently asked questions
Where do I file probate in Marshall County?
File with the Marshall County Circuit Clerk at the Marshall County Courthouse, 122 North Prairie Street, Lacon, IL 61540. Mail for the Circuit Clerk goes to P.O. Box 328, Lacon, IL 61540-0328.
Is Marshall County probate handled in Peoria because Marshall County is in the Tenth Judicial Circuit?
No. Marshall County is in the Tenth Judicial Circuit with Peoria, Tazewell, Putnam and Stark Counties, but a Marshall County estate is filed with the Marshall County Circuit Clerk in Lacon when venue belongs in Marshall County under 755 ILCS 5/5-1.
How much is the Marshall County probate filing fee?
The Marshall County fee schedule lists Administration of Decedent's Estate at $276.00 for a new filing and $201.00 for an answer or appearance, effective October 1, 2025. Confirm the current total with the Circuit Clerk before filing.
Can I e-file a probate case in Marshall County?
Yes. Probate petitions are filed through eFileIL. Illinois Supreme Court Rule 9 applies to civil cases, including probate, and a self-represented filer who cannot e-file may file the statewide Certification for Exemption From E-filing. The original will is different: Rule 9(c)(1) says an original will cannot be e-filed, so it must be mailed or delivered to the Circuit Clerk.
Can I appear remotely for a Marshall County probate hearing?
Possibly. Tenth Judicial Circuit Local Rule 86 allows remote appearance in civil matters at the judge's discretion. If the case is set in person, request remote appearance in writing or in person at least three business days before the proceeding unless the judge has set the matter remote.
How do I look up a Marshall County probate case?
The Circuit Clerk links Marshall County online court lookup through Judici. If an estate does not appear there, call the Marshall County Circuit Clerk at (309) 246-6435 because online lookup may not show every probate filing.
Does Marshall County publish probate forms?
No local decedent estate probate packet or cover sheet is published by the Marshall County Circuit Clerk. Use eFileIL for documents that may be electronically filed, and use the Illinois statewide forms for Appearance, Fee Waiver for Civil Cases, or Certification for Exemption From E-filing when those forms fit your situation.
Do I have to travel to Lacon for probate?
You may be able to e-file the petition and ask for a remote appearance under Tenth Judicial Circuit Local Rule 86, but the original will still must be mailed or delivered to the Marshall County Circuit Clerk in Lacon. Call the clerk before assuming a hearing can be handled remotely.
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.