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McDonough County, IL Probate Information
Quick facts
| Item | Detail |
|---|---|
| Court | Circuit Court of the Ninth Judicial Circuit, McDonough County |
| Filing office | McDonough County Circuit Clerk, Clerk of the Circuit Court |
| Courthouse address | #1 Courthouse Square, Macomb, IL 61455 |
| Mailing address | Use the courthouse address. No separate probate mailing address is published. |
| Phone | (309) 837-4889 for court matters, including probate. Traffic and ordinance questions use (309) 836-2777. |
| Fax | (309) 833-4493 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m., closed on observed holidays |
| Filing fee | The posted McDonough County fee schedule, effective July 1, 2019, lists a $256.00 probate filing fee under Schedule 2 and a $181.00 probate and guardianship appearance fee under Schedule 1, within the Illinois circuit clerk fee framework in 705 ILCS 105/27.1b. Ask the Circuit Clerk whether a newer schedule applies before filing. |
| Local forms | No McDonough County decedent-estate probate packet is published. Illinois statewide forms that may matter include the Appearance, Fee Waiver for Civil Cases, and Certification for Exemption From E-filing. |
| E-filing | Required for 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 under Illinois Supreme Court Rule 9(d). Original wills cannot be e-filed and must be delivered or mailed to the Circuit Clerk under Rule 9(c)(1). |
| Case lookup | Judici entry point for McDonough County: https://www.judici.com/courts/cases/case_search.jsp?court=IL055015J. If an estate does not appear there, call the Circuit Clerk. |
| Remote appearance | Remote hearings are left to each judge's discretion under Ninth Judicial Circuit Rule Part 1.80. |
| Website | http://mcg.mcdonough.il.us/circuitclerk.html |
Before you begin — know the assets and liabilities
Before you file anything in McDonough County, make a working list of the decedent's assets, debts, account titles, beneficiary designations, vehicles, real estate, and any safe deposit box. The right estate settlement path depends on what must actually pass through court, and Ninth Judicial Circuit probate rules add specific inventory requirements once letters of office issue under 755 ILCS 5.
Sunset can help search for accounts and assets across more than 2,300 financial institutions, then organize the information for the McDonough County filing. That early asset work helps you avoid opening a probate case that is too broad, too narrow, or missing property the court will later expect to see.
Which court handles jurisdiction
McDonough County probate filings go to the McDonough County Circuit Clerk at #1 Courthouse Square in Macomb. The same courthouse serves probate filings for McDonough County communities, and the filing counter is the McDonough County office, not another county in the Ninth Judicial Circuit.
McDonough County is part of the Ninth Judicial Circuit with Knox, Warren, Henderson, Hancock, and Fulton Counties. The circuit shares judicial administration, but an estate is filed in the county that Illinois venue law selects: the decedent's county of known 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).
The jurisdiction process
- Confirm that McDonough County is the right venue under 755 ILCS 5/5-1. If the decedent lived in McDonough County, file in Macomb with the McDonough County Circuit Clerk. If not, apply the Illinois venue cascade for real estate and personal estate.
- Gather the will, death certificate information, heirs, legatees, assets, debts, and proposed representative information. Anyone holding the will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1), and a person named as executor has 30 days from learning of the appointment to open a case or decline (755 ILCS 5/6-3).
- Prepare the probate petition, proposed orders, oath and bond papers, and any statewide forms that apply, such as an Appearance, Fee Waiver for Civil Cases, or Certification for Exemption From E-filing. McDonough County does not publish a local decedent-estate form packet.
- E-file the petition and supporting papers through eFileIL unless an exemption applies. Do not e-file the original will. Illinois Supreme Court Rule 9(c)(1) requires the original will to be delivered or mailed to the McDonough County Circuit Clerk at #1 Courthouse Square, Macomb, IL 61455.
- Pay the filing fee. The posted McDonough County schedule, effective July 1, 2019, lists a $256.00 probate filing fee under Schedule 2 and a $181.00 probate and guardianship appearance fee under Schedule 1, within 705 ILCS 105/27.1b. Confirm the current amount with the Circuit Clerk before filing.
- Attend any hearing the court sets, or ask in advance whether the assigned judge will allow a remote appearance under Ninth Judicial Circuit Rule Part 1.80. Remote hearings are discretionary unless another rule requires them.
- If the court grants the petition, complete the oath and bond process under 755 ILCS 5/12-2. The court may grant independent administration under Article XXVIII unless the will forbids it or an interested person objects (755 ILCS 5/28-2). The authority document is letters of office under 755 ILCS 5, called letters testamentary for an executor under a will and letters of administration for an administrator.
- Give required 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 3 successive weeks in a newspaper published in the county where the estate is administered, then file proof of publication. The claims date is not less than six months from first publication or 3 months from mailing or delivery, whichever is later (755 ILCS 5/18-3).
- File and maintain the inventory required by Illinois law and the Ninth Judicial Circuit rules. Except for independent administration under Article XXVIII, Rule Part 9.30E requires the first inventory within 60 days after letters of office issue under 755 ILCS 5, and Rule Part 9.25 adds safe deposit box requirements.
- Collect assets, address claims, pay approved expenses, sell estate property only with proper authority, account as required, and close the estate. If an account is not presented within the local rule period, or if the case remains inactive for more than one year, Ninth Judicial Circuit Rule Parts 9.35 and 9.40 allow the court to act on the representative or move the case to inactive status.
Forms and documents
Probate forms in McDonough County
McDonough County does not publish a local decedent-estate probate packet, petition, order, oath, inventory, account, or small-estate template on the Circuit Clerk page. Illinois also does not provide a statewide standardized decedent-estate probate form set.
The statewide forms that may matter in a McDonough County probate filing are the Appearance, the Fee Waiver for Civil Cases, and the Certification for Exemption From E-filing. The Circuit Clerk page links eFileIL and statewide court forms, and the original will must be delivered or mailed because original wills may not be e-filed under Illinois Supreme Court Rule 9(c)(1).
Fees
| Fee item | Posted amount |
|---|---|
| Probate filing fee | $256.00, effective July 1, 2019, listed under Schedule 2 within the Illinois circuit clerk fee framework in 705 ILCS 105/27.1b |
| Probate and guardianship appearance fee | $181.00, effective July 1, 2019, listed under Schedule 1 within 705 ILCS 105/27.1b |
| Guardianship filing fee | $356.00, effective July 1, 2019 |
| Account other than final account | $25.00 per account, effective July 1, 2019 |
| Claim from $150.00 to $500.00 | $25.00, effective July 1, 2019 |
| Claim from $500.00 to $10,000.00 | $40.00, effective July 1, 2019 |
| Claim over $10,000.00 | $60.00, effective July 1, 2019 |
| Equitable relief claim | $60.00, effective July 1, 2019 |
| Jury demand | $137.50, effective July 1, 2019 |
| Certified copy of letters of office or order | $2.00 per page, effective July 1, 2019, with letters of office issued under 755 ILCS 5 |
| Exemplification | $2.00 plus certification fee, effective July 1, 2019 |
| Petition to sell real estate | $50.00, effective July 1, 2019 |
The posted schedule is headed effective July 1, 2019. Before you submit payment, ask the McDonough County Circuit Clerk whether a newer fee schedule has replaced it.
Local nuance
McDonough County-specific considerations
| Local rule | What it means in McDonough County |
|---|---|
| Handwritten or non-English wills | Ninth Judicial Circuit Rule Part 9.10 requires extra papers. A handwritten will needs the original, a typewritten copy, and an affidavit that the copy is true and correct. A will in a language other than English needs the original, a typewritten English translation, and a qualified translator's certification. |
| Bond and surety | Rule Part 9.20 says a representative's bond may not be waived except as provided by law. If the automatic bond under 755 ILCS 5/12-2(b) is requested, both the petition and the order appointing the executor must say so. |
| Safe deposit boxes | Rule Part 9.25 requires the inventory to list the existence and location of any safe deposit box, and the representative must prepare a certified itemized statement of its contents. If the box is found after the inventory is filed, a supplemental inventory is due within 30 days under 755 ILCS 5/6. |
| Inventory deadline | Under Rule Part 9.30E, except for independent administration under Article XXVIII of the Illinois Probate Act of 1975, the first inventory must be filed within 60 days after letters of office issue under 755 ILCS 5. |
| Inactive cases and accounts | Rule Parts 9.35 and 9.40 allow the court to act if a verified account has not been presented within 60 days after one year from issuance of letters, or if the probate case has been inactive for more than one year. |
| Accounting hearings | Rule Part 9.45B requires notice of a hearing on an account, with a copy of the account, at least 8 days before the hearing by in-person delivery or mail to the last known address. If the address is outside the United States or Canada, the notice period is 14 days. If the address is unknown, notice is by one publication in a county newspaper at least 14 days before the hearing, unless the court waives it. |
| Remote hearings | Rule Part 1.80 allows a judge to create and maintain a remote hearing or docket for safety, health, cost, or efficiency reasons, but it does not require a judge to hold a remote hearing unless another rule requires it. |
Recent updates
Scenarios
| Scenario | Likely McDonough County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Confirm how the home was titled and whether any accounts have beneficiaries. Jointly owned or beneficiary-designated property may pass outside the estate. Sole-name assets may require a McDonough County probate filing, with the original will delivered or mailed to the Circuit Clerk and the posted $256.00 probate filing fee, effective July 1, 2019, confirmed before filing. | Sunset helps identify accounts, title issues, and beneficiary designations so the spouse does not open a broader estate settlement than needed. |
| Out-of-state adult child with small estate | The child may be able to e-file many papers and communicate with the Circuit Clerk by phone or email. The original will still must be mailed or delivered to Macomb. If a hearing is set, the child can ask whether the judge will allow a remote appearance under Ninth Judicial Circuit Rule Part 1.80. | Sunset organizes the asset list, helps prepare the probate packet, and flags which steps still require court contact or mailing original papers. |
| Parent settling predeceased child's estate, home must be sold | A sale of real estate usually requires letters of office under 755 ILCS 5. The posted fee schedule, effective July 1, 2019, lists a $50.00 petition to sell real estate fee. The representative should track the 60-day inventory deadline under Ninth Judicial Circuit Rule Part 9.30E and any safe deposit box requirements under Part 9.25. | Sunset helps gather assets and debts, build the estate settlement checklist, and connect the parent with a McDonough County probate attorney when a house sale requires court authority. |
Self-help resources
| Resource | How it helps |
|---|---|
| McDonough County Circuit Clerk | Filing office for McDonough County estates. Contact #1 Courthouse Square, Macomb, IL 61455, (309) 837-4889, fax (309) 833-4493, [email protected]. Hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., closed on observed holidays. |
| McDonough County Legal Self-Help Centers | Public access locations include Blandinsville-Hire District Library, Bushnell Public Library, Macomb Public Library, and Malpass Library at Western Illinois University. These locations offer computers, internet access, and referrals, but not legal advice. |
| Prairie State Legal Services, Galesburg office | Serves Henderson, Knox, McDonough, and Warren Counties from 311 East Main Street, Suite 302, Galesburg, IL 61401, (309) 343-2141. Free civil legal help for eligible low-income people. Ask whether the office can take an estate matter. |
| Illinois Legal Aid Online, how do I settle an estate after someone dies | Statewide plain-language guide to estate settlement and probate steps in Illinois. |
| Illinois Courts approved statewide standardized forms | Use this site for forms that every Illinois court must accept, including the Appearance, Fee Waiver for Civil Cases, and Certification for Exemption From E-filing. |
| eFileIL | Statewide e-filing system for Illinois courts. Use it to file probate papers unless an exception or exemption applies. Original wills must still be delivered or mailed. |
When to hire an attorney
A lawyer is especially useful in a McDonough County estate when the estate includes farmland or a house that must be sold, heirs disagree, a creditor files a claim, a will contest is possible, bond becomes contested under Ninth Circuit Rule Part 9.20, or the inventory and accounting deadlines under Part 9.30E and Part 9.35 may be missed. Illinois law also limits non-lawyers from representing another person's legal interests, so court filings on behalf of an estate can raise representation issues. Sunset connects families to a vetted Illinois probate attorney serving McDonough County.
How Sunset helps
Find the accounts and assets
Sunset searches across more than 2,300 financial institutions to help families identify accounts, insurance, investments, and other assets that may belong in the estate settlement. That inventory helps you decide whether a McDonough County probate filing is needed before you spend time preparing court papers.
Generate the probate packet
Sunset turns the information you provide into an organized probate packet for the Illinois process, including the details needed for petitions, notices, asset lists, and closing tasks. In McDonough County, Sunset also helps you separate what can be e-filed from the original will, which must be delivered or mailed to the Circuit Clerk.
Find a local probate attorney
When the estate involves real estate, creditor disputes, a contested will, bond questions, or missed deadlines, Sunset can connect the family with a vetted Illinois probate attorney serving McDonough County.
Sunset is free for families
Sunset is free for families using its estate settlement tools. Families can organize assets, prepare for probate, and decide when legal help is needed without paying Sunset a platform fee.
Frequently asked questions
Where do I file probate in McDonough County?
File with the McDonough County Circuit Clerk at #1 Courthouse Square, Macomb, IL 61455. 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 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 McDonough County probate case?
Yes. Probate is a civil case, and Illinois civil filings are e-filed unless an exception or exemption applies. A self-represented filer who cannot e-file may use the Certification for Exemption From E-filing under Rule 9(d). The original will is different: it cannot be e-filed and must be delivered or mailed to the Circuit Clerk under Rule 9(c)(1).
How much does probate cost in McDonough County?
The posted McDonough County fee schedule, effective July 1, 2019, lists a $256.00 probate filing fee under Schedule 2 and a $181.00 probate and guardianship appearance fee under Schedule 1, within 705 ILCS 105/27.1b. Ask the Circuit Clerk whether a newer schedule applies before filing.
Can I appear remotely in a McDonough County probate case?
Maybe. Ninth Judicial Circuit Rule Part 1.80 leaves remote hearings to each judge's discretion. Ask the assigned judge or the Circuit Clerk how the hearing will be handled before you plan travel.
Are there local probate forms in McDonough County?
No local McDonough County decedent-estate probate packet is published. Use the statewide forms that apply to your filing, such as the Appearance, Fee Waiver for Civil Cases, or Certification for Exemption From E-filing, and prepare the probate petition and proposed orders required for the estate.
How do I look up a McDonough County probate case?
Use the McDonough County Judici entry point at https://www.judici.com/courts/cases/case_search.jsp?court=IL055015J. Judici is a private vendor, not the court. If the estate is not listed, call the Circuit Clerk at (309) 837-4889.
How soon is an inventory due in McDonough County?
Under Ninth Judicial Circuit Rule Part 9.30E, except in independent administration under Article XXVIII of the Illinois Probate Act of 1975, the first inventory must be filed within 60 days after letters of office issue under 755 ILCS 5. If the estate has a safe deposit box, Part 9.25 adds inventory requirements for the box and its contents.
Do I have to travel to Macomb for probate?
Not always. Many filings are e-filed, and an original will can be mailed to the Circuit Clerk. A hearing may still require an appearance, and remote appearance is up to the judge under Ninth Judicial Circuit Rule Part 1.80.
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.