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Menard County, IL Probate Information
Quick facts
| Item | Menard County information |
|---|---|
| Court | Circuit Court of the Eighth Judicial Circuit, Menard County |
| Filing office | Menard County Circuit Clerk, 2nd Floor, Menard County Courthouse |
| Courthouse address | 102 South 7th Street, Petersburg, IL 62675 |
| Mailing address | Mail to the courthouse address. No separate mailing address is posted. |
| Phone | (217) 632-2615. No separate probate line is posted. |
| Fax | (217) 632-4124 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. No lunch closure is posted. |
| Filing fee | Probate (P), Estate/Decedents: $212.00, effective April 15, 2017. Confirm the current amount with the Circuit Clerk because the posted schedule is old. |
| Local forms | No Menard County decedent-estate probate packet, cover sheet, petition, order, oath, inventory, or account form is posted on the Circuit Clerk page. |
| E-filing | Use eFileIL for probate filings. Original wills and other testamentary documents cannot be e-filed and must be delivered or mailed to the Circuit Clerk under Illinois Supreme Court Rule 9(c)(1) and Eighth Judicial Circuit Rule 9.3(b). Self-represented filers who cannot e-file may use the Supreme Court Certification for Exemption From E-filing under Rule 9(d). |
| Case search | Judici lists Menard County at court code IL065015J. If a probate matter does not appear there, call the Circuit Clerk. |
| Remote appearance | Eighth Judicial Circuit Rule 9.16 allows a judge to permit remote appearances. A request for a proceeding set in person must be made in writing or in person at least three business days before the proceeding, and the judge decides whether to allow it. |
| Website | Menard County Circuit Clerk |
Before you begin — know the assets and liabilities
Before you file in Menard County, identify what the decedent owned, what passed outside probate, and what debts or claims may exist. That first inventory determines whether you need a court case in Petersburg, whether the original will must be delivered to the Circuit Clerk, and whether a real estate sale or creditor issue will shape the estate settlement.
Sunset's asset discovery searches more than 2,300 institutions to help families find accounts, insurance, retirement assets, and liabilities before choosing the filing path. Starting with a complete asset picture makes the Menard County probate process more organized and helps avoid opening the wrong case.
Which court handles jurisdiction
Menard County probate matters are filed at the Menard County Courthouse, 102 South 7th Street, Petersburg, IL 62675. The filing office is the Menard County Circuit Clerk, not a circuit office in another county.
Menard County sits in the Eighth Judicial Circuit with Adams, Schuyler, Mason, Cass, Brown, Pike, and Calhoun Counties. That shared circuit structure does not move a Menard County estate to Adams County or any other courthouse. Under the Illinois Probate Act of 1975, venue is generally 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).
The Menard County courthouse serves Petersburg and the surrounding rural townships of Menard County.
The jurisdiction process
- Find and safeguard the will. Anyone who has the will must file it with the 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 to act (755 ILCS 5/6-3).
- Prepare the petition and supporting papers. For a will, the petition asks the court to admit the will and issue letters of office under 755 ILCS 5. If there is no will, the petition asks for administration under Article IX. Menard County does not post a local decedent-estate packet, so use attorney-prepared papers or forms accepted by the court.
- E-file the petition through eFileIL unless you qualify for an exemption under Illinois Supreme Court Rule 9(d). Deliver or mail the original will to the Menard County Circuit Clerk at 102 South 7th Street, Petersburg, IL 62675, because original wills and other testamentary documents cannot be filed electronically under Rule 9(c)(1) and Eighth Judicial Circuit Rule 9.3(b).
- Pay the filing fee. The Menard County schedule lists Probate (P), Estate/Decedents at $212.00, effective April 15, 2017. Confirm the current amount with the Circuit Clerk before filing because the posted schedule is old.
- Prove heirship and present the petition. Illinois requires heirship to be determined in probate (755 ILCS 5/5-3). For Letters of Administration to Collect, Eighth Judicial Circuit Rule 8.1(c) requires proof of heirship before letters of office issue, unless the court waives it (755 ILCS 5).
- Ask for the administration structure the estate needs. Illinois courts grant independent administration by default under Article XXVIII unless the will forbids it or an interested person objects under 755 ILCS 5/28-2. Supervised administration is administration under the Probate Act other than Article XXVIII and involves closer court oversight.
- Take the oath, address bond, and receive authority. An Illinois representative takes an oath and gives bond unless the law or will excuses a written bond and the court does not require one (755 ILCS 5/12-2). Once the court grants authority, the clerk issues letters of office under 755 ILCS 5.
- Give required notices. After the order admitting the will or appointing a representative, mail notice to heirs and legatees within 14 days when required, and publish if an address is not stated (755 ILCS 5/6-10).
- Publish the creditor notice and file proof. The representative publishes notice once a week for 3 successive weeks in a newspaper published in the county where the estate is administered, then files proof of publication with the clerk. The claims date must be at least six months from first publication, or 3 months from mailing or delivery to known creditors, whichever is later (755 ILCS 5/18-3).
- Administer, account, and close the estate. Collect assets, manage or sell property when authorized, pay valid claims, handle distributions, and close through the account and discharge process. In independent administration under Article XXVIII, the representative generally has fewer court filings unless an interested person asks the court to intervene.
Forms and documents
Probate forms in Menard County
No Menard County decedent-estate probate packet, cover sheet, petition, order, oath, inventory, or account form is posted on the Circuit Clerk page. Illinois also does not have a statewide standardized decedent-estate probate form set. The statewide forms most likely to matter in a probate filing are the Appearance, the Fee Waiver for Civil Cases application, and the Certification for Exemption From E-filing.
The Eighth Judicial Circuit local rules supply procedure rather than fill-in Menard County forms. Part 8 covers probate proceedings, and Rule 9.3(b) says wills or other testamentary documents are not accepted electronically.
Fees
Menard County posts a probate fee schedule titled Fees of the Clerk of the Circuit Court, Menard County, effective April 15, 2017. Because that posted schedule is old, confirm the current amount with the Menard County Circuit Clerk before filing.
| Fee item | Amount |
|---|---|
| Probate (P), Estate/Decedents, effective April 15, 2017 | $212.00, effective April 15, 2017 |
| Estates not exceeding $15,000.00, effective April 15, 2017 | $152.00, effective April 15, 2017 |
| Petition to sell real estate, effective April 15, 2017 | $50.00, effective April 15, 2017 |
| Filing a claim in an estate from $150.00 to $499.00, effective April 15, 2017 | $25.00, effective April 15, 2017 |
| Filing a claim in an estate from $500.00 to $9,999.00, effective April 15, 2017 | $40.00, effective April 15, 2017 |
| Filing a claim in an estate of $10,000.00 or more, effective April 15, 2017 | $60.00, effective April 15, 2017 |
| Proof of heirship alone, effective April 15, 2017 | $40.00, effective April 15, 2017 |
| Will without administration, effective April 15, 2017 | $10.00, effective April 15, 2017 |
| Certified copies of letters, effective April 15, 2017 | $2.00 each, effective April 15, 2017; $1.00 each in excess of 3, effective April 15, 2017 |
Local nuance
Menard County-specific considerations
The Eighth Judicial Circuit's Uniform Rules of Practice apply in Menard County. Part 8 covers probate proceedings and places responsibility for notice, proof of notice, evidence, and presentation of probate matters on the legal representative of the estate or the representative's attorney unless the Probate Act places a duty on the court or clerk.
| Local rule | What it means in Menard County |
|---|---|
| Rule 8.1 | The representative or attorney directs the clerk which newspaper to use for publication. Proof of notice and presentation of probate matters remain the representative's responsibility unless the law says otherwise. |
| Rule 8.1(c) | For a Petition for Letters of Administration to Collect, proof of heirship is required before letters of office issue, unless the court waives it (755 ILCS 5). |
| Rule 8.3 | For supervised administration, which Illinois defines as administration under the Probate Act other than Article XXVIII, the inventory must describe real estate, improvements, indebtedness, money on hand, and personal estate. For independent administration under Article XXVIII, the representative is not required to file the inventory with the court. |
| Rule 8.4 | Claims based on a written instrument must include a copy. A representative who files a claim against the representative's own estate must seek a guardian ad litem or special administrator unless the claim is consented to. |
| Rule 8.9 | Final accounts and binding current accounts must follow the rule's content and notice requirements. |
| Rule 8.11 | Fees in a deceased person's estate require a written petition or a statement in a report or account listing estate value, services, time, hourly charge, requested fee, and costs advanced, unless all interested parties agree in writing. |
| Rule 9.16 | Remote appearances are discretionary. 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. |
Recent updates
| Change | What it means |
|---|---|
| Eighth Judicial Circuit Uniform Rules of Practice approved March 25, 2026 | The circuit repealed prior Eighth Circuit rules and adopted a probate part, Part 8, and a remote-appearance rule, Rule 9.16, that apply in Menard County. |
Scenarios
| Scenario | Likely Menard County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | First identify which assets passed automatically and which were in the decedent's sole name. If probate is needed, e-file the petition through eFileIL, deliver or mail the original will to the Menard County Circuit Clerk in Petersburg, and confirm the Probate (P) fee listed at $212.00, effective April 15, 2017. | Sunset helps identify accounts, title issues, debts, and whether a court filing is needed for estate settlement. |
| Out-of-state adult child with small estate | Call the Menard County Circuit Clerk at (217) 632-2615 before mailing an original will or planning travel. A remote-appearance request under Eighth Judicial Circuit Rule 9.16 must be made in writing or in person at least three business days before a proceeding set in person. | Sunset organizes the asset list, helps prepare the probate packet, and flags questions for a Menard County attorney if court authority is needed. |
| Parent settling predeceased child's estate, home must be sold | If the home must be sold through probate, Menard County's posted schedule lists a petition to sell real estate at $50.00, effective April 15, 2017. Under independent administration under Article XXVIII, Eighth Judicial Circuit Rule 8.3 says the inventory is not required to be filed with the court. | Sunset helps gather property, mortgage, account, and debt information, then connects the family with a vetted Illinois probate attorney when a sale or court order is needed. |
Self-help resources
| Resource | How it helps |
|---|---|
| Menard County Circuit Clerk | Filing office for probate in Menard County. The office is at 102 South 7th Street, 2nd Floor, Petersburg, IL 62675, and the phone number is (217) 632-2615. |
| Menard County Circuit Clerk fee schedule | County fee list, effective April 15, 2017, including probate, claims, certified letters, proof of heirship, and petitions to sell real estate. Confirm current amounts with the clerk before filing. |
| Eighth Judicial Circuit local rules | Local rules approved March 25, 2026. Part 8 covers probate proceedings, and Rule 9.16 covers remote appearances. |
| Illinois Legal Aid Online, how do I settle an estate after someone dies | Statewide plain-language guide for estate settlement after a death. |
| Illinois Courts approved statewide standardized forms | Use for the Appearance, Fee Waiver for Civil Cases application, and Certification for Exemption From E-filing. Illinois does not provide a statewide decedent-estate probate packet. |
| eFileIL | Statewide electronic filing system for Illinois civil cases, including probate petitions. Original wills must still be delivered or mailed to the Circuit Clerk. |
When to hire an attorney
Consider working with a probate attorney when the estate includes farmland or a home that must be sold, heirs disagree, a creditor files a claim, a will contest is possible, or the final account must satisfy Eighth Judicial Circuit Rule 8.9. The Circuit Clerk can accept filings but cannot give legal advice. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families build a clearer picture of the estate before filing. For Menard County estate settlement, that means identifying bank accounts, insurance, retirement assets, debts, and real property questions before you choose the next step.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet for attorney review or filing, including the details needed to request letters of office under 755 ILCS 5 when a court case is required.
Find a local probate attorney. When the estate needs legal help, Sunset connects families with a vetted Illinois probate attorney who can handle Menard County filings, Eighth Judicial Circuit probate rules, creditor claims, and real estate issues.
Sunset is free for families. Sunset gives families a free estate settlement starting point, then connects them to paid services only when those services fit the estate.
Frequently asked questions
Where do I file for probate in Menard County?
File with the Menard County Circuit Clerk at the Menard County Courthouse, 102 South 7th Street, 2nd Floor, Petersburg, IL 62675. Menard County is in the Eighth Judicial Circuit, but a Menard County estate is filed with the Menard County Circuit Clerk unless the Illinois venue rule points to another county (755 ILCS 5/5-1).
Can I e-file a Menard County probate case?
Yes. Illinois civil filings, including probate petitions, are filed through eFileIL unless an exemption applies under Illinois Supreme Court Rule 9(d). The original will is different: it cannot be e-filed and must be delivered or mailed to the Menard County Circuit Clerk under Rule 9(c)(1) and Eighth Judicial Circuit Rule 9.3(b).
How much does probate cost in Menard County?
The Menard County fee schedule lists Probate (P), Estate/Decedents at $212.00, effective April 15, 2017. Confirm the current amount with the Circuit Clerk before filing because that posted schedule is old.
Are there local probate forms in Menard County?
No Menard County decedent-estate packet, cover sheet, petition, order, oath, inventory, or account form is posted on the Circuit Clerk page. Use the statewide forms that apply to appearances, fee waivers, or e-filing exemptions, and follow the Eighth Judicial Circuit probate rules.
Can I appear remotely in a Menard County probate hearing?
Possibly. Under Eighth Judicial Circuit Rule 9.16, a judge may allow remote appearances. If a proceeding is set in person, ask in writing or in person at least three business days before the proceeding. The judge decides whether to grant the request.
How do I look up a Menard County probate case?
The Menard County Circuit Clerk links to Judici for court case lookup, using Menard County court code IL065015J. If the probate matter you need does not appear there, call the Circuit Clerk at (217) 632-2615.
Do I have to travel to Petersburg to open probate?
You may be able to file the petition through eFileIL, and a remote appearance may be allowed if the judge grants a timely request under Eighth Judicial Circuit Rule 9.16. The original will still must be delivered or mailed to the Menard County Circuit Clerk in Petersburg.
What happens after letters of office issue in Menard County?
After the court issues letters of office under 755 ILCS 5, the representative gives notice to heirs and legatees, publishes the creditor notice when required, files proof of publication, administers assets, pays valid claims, and closes the estate. The creditor notice period runs for at least six months from first publication under 755 ILCS 5/18-3.
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.