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Montgomery County, IL Probate Information
Quick facts
| Item | Montgomery County information |
|---|---|
| Court | Circuit Court of the Fourth Judicial Circuit, sitting in Montgomery County |
| Filing office | Montgomery County Circuit Clerk |
| Courthouse address | 120 North Main Street, Room 125, Hillsboro, IL 62049 |
| Mailing address | Same as courthouse address |
| Phone | (217) 532-9540 |
| Fax | (217) 532-2142 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. No lunch closure is listed. |
| Filing fee | PR probate filing fee: $375, no effective date published on the clerk fee page, page checked August 17, 2026. PR appearance fee: $200 only when contesting, no effective date published on the clerk fee page, page checked August 17, 2026. |
| Letters of office | $2 per letter, no effective date published on the clerk fee page, page checked August 17, 2026. Letters of office are the Illinois authority document under 755 ILCS 5. |
| Local forms | The clerk publishes guardianship report and account forms and a small estate affidavit under 755 ILCS 5/25-1, Art. XXV. No local decedent-estate petition packet for opening full probate is published. |
| E-filing | Civil probate filings are submitted through Illinois e-filing. An original will cannot be e-filed under Illinois Supreme Court Rule 9(c)(1) and must be delivered or mailed to the Circuit Clerk. |
| Case lookup | Montgomery County participates in Judici under court code IL068015J. |
| Remote appearance | Routine non-evidentiary civil matters, including probate matters listed under Illinois Supreme Court Rule 45(a)(4)(i), generally may proceed remotely under Rule 45(c)(1). Fourth Judicial Circuit Rule 10-8 uses Zoom or telephone as directed. |
| Website | montgomerycountyil.gov/circuit-clerk/ |
Before you begin — know the assets and liabilities
Before you file anything in Montgomery County, make a practical list of the assets, debts, titled property, beneficiary designations, and whether an original will exists. That first inventory determines whether the family can use an out-of-court affidavit, needs letters of office under 755 ILCS 5, or needs court authority to sell or transfer property.
Sunset's estate settlement workflow includes asset discovery across more than 2,300 financial institutions, which can help you avoid opening a Montgomery County case before you know what the estate actually owns.
Which court handles jurisdiction
The Montgomery County courthouse in Hillsboro serves probate matters when Montgomery County is the proper Illinois venue. The county is part of the Fourth Judicial Circuit with Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery, and Shelby Counties, but probate venue is not circuit-wide.
Under Illinois venue law, probate or administration proceeds in the circuit court of the county determined by the decedent's known place of residence, or if there is no known Illinois residence, by where the greater part of the Illinois real estate is located, or failing that, where the greater part of the personal estate is located (755 ILCS 5/5-1).
The jurisdiction process
- Identify the assets, debts, heirs, and any original will. Confirm that Montgomery County is the proper county under 755 ILCS 5/5-1 before filing.
- Choose the correct filing path. If a court estate is needed, prepare the petition and supporting documents for the Montgomery County Circuit Court. If the only needed tool is a small estate affidavit, use the affidavit only when it fits 755 ILCS 5/25-1, Art. XXV.
- File the probate petition electronically and pay the Montgomery County PR probate filing fee of $375, with no effective date published on the clerk fee page, page checked August 17, 2026. If there is an original will, deliver or mail it to the Circuit Clerk because an original will cannot be e-filed under Illinois Supreme Court Rule 9(c)(1).
- File the original will immediately with the clerk of the proper county if you have it. Filing the will alone has no fee under 755 ILCS 5/6-1 and does not by itself open a full estate.
- Give the notices required for the case. Creditor notice in a probate estate includes publication once each week for 3 successive weeks and mailed or delivered notice to known or reasonably ascertainable creditors, with the claim date set under 755 ILCS 5/18-3.
- Attend the scheduled hearing if the court sets one. No fixed Montgomery County probate-call day was located, so check the notice, the judge's setting, or the Circuit Clerk's instructions for the date and method.
- Use remote appearance when allowed. Routine non-evidentiary probate matters are civil matters under Illinois Supreme Court Rule 45(a)(4)(i), and Fourth Judicial Circuit Rule 10-8 uses Zoom or telephone as directed. Submit any proposed exhibits, proposed orders, agreed orders, agreements, or stipulations at least 48 hours before a remote hearing.
- After appointment, obtain letters of office under 755 ILCS 5. Montgomery County lists letters at $2 per letter, with no effective date published on the clerk fee page, page checked August 17, 2026.
- Administer and close the estate. Collect assets, address creditor claims, handle any real estate transfer or sale, account to interested persons or the court as required, and complete the closing steps for the form of administration being used.
Forms and documents
Probate forms in Montgomery County
Montgomery County does not publish a local decedent-estate petition packet for opening a full probate estate. The Circuit Clerk's forms page does publish guardianship report and account forms, matching proposed orders, and a small estate affidavit under 755 ILCS 5/25-1, Art. XXV.
| Form or packet | Local status | How to use it |
|---|---|---|
| Petition to open a decedent estate | No local template published | Prepare the Illinois probate filing for the Montgomery County Circuit Court and e-file the petition. Deliver or mail any original will to the Circuit Clerk. |
| Original will | Paper original required | File the will with the clerk of the proper county immediately under 755 ILCS 5/6-1. Filing the will alone has no fee under 755 ILCS 5/6-1. |
| Small estate affidavit | Local form published | Use only when the statutory affidavit path fits. It is a small estate affidavit under 755 ILCS 5/25-1, Art. XXV and is generally presented to the asset holder rather than filed as a probate case. |
| Guardianship report and account forms | Local forms published | These are not a decedent-estate opening packet, but they are available from the Circuit Clerk's forms page. |
Fees
| Fee item | Posted Montgomery County amount | Local note |
|---|---|---|
| PR probate filing fee | $375, no effective date published on the clerk fee page, page checked August 17, 2026 | Call the Circuit Clerk before filing because the fee page does not print an effective date. |
| PR appearance fee | $200, no effective date published on the clerk fee page, page checked August 17, 2026 | The Montgomery County fee page states this appearance fee is required only when contesting. |
| Letters of office | $2 per letter, no effective date published on the clerk fee page, page checked August 17, 2026 | Letters of office are issued under 755 ILCS 5 after appointment. |
| Probate or guardianship reports and accounts | $25 per report, no effective date published on the clerk fee page, page checked August 17, 2026 | Applies when a report or account is filed. |
| Probate equitable relief claim | $60, no effective date published on the clerk fee page, page checked August 17, 2026 | Listed separately on the Montgomery County fee page. |
| Jury demand in probate | $137.50, no effective date published on the clerk fee page, page checked August 17, 2026 | Listed separately on the Montgomery County fee page. |
Local nuance
Montgomery County-specific considerations
| Local point | What it means in Montgomery County |
|---|---|
| Contested appearance fee | The Montgomery County fee page lists the PR appearance fee as $200 only when contesting, with no effective date published on the clerk fee page, page checked August 17, 2026. |
| Remote hearing materials | Fourth Judicial Circuit Rule 10-8 requires proposed exhibits, proposed orders, agreed orders, agreements, or stipulations for a remote hearing to be submitted at least 48 hours before the scheduled remote hearing in PDF format through the county e-filing system or the designated Dropbox account. |
| No full probate packet published | The clerk publishes a small estate affidavit under 755 ILCS 5/25-1, Art. XXV and guardianship report and account forms, but no local decedent-estate petition packet for opening full probate. |
Recent updates
Scenarios
| Scenario | Likely Montgomery County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | Start by checking title and beneficiary designations. If the home passes outside probate and remaining property can be handled without court authority, a full Montgomery County estate may not be needed. If court authority is needed, file with the Circuit Clerk in Hillsboro. | Sunset helps organize the home, accounts, debts, and documents so the spouse can see whether estate settlement needs a court case or a simpler transfer path. |
| Out-of-state adult child with a small estate | Use the Montgomery County courthouse only if Montgomery County is the proper venue and a court estate is needed. If the affidavit path fits, the small estate affidavit under 755 ILCS 5/25-1, Art. XXV is generally presented to the asset holder rather than filed as a probate case. | Sunset helps identify accounts and prepare an organized packet so an out-of-state child can reduce travel and know what must be mailed, e-filed, or delivered as an original. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires court authority if the home did not pass outside probate. File the estate in Montgomery County if venue is proper, seek appointment, and obtain letters of office under 755 ILCS 5 before acting for the estate. | Sunset helps assemble asset details, court-ready information, and attorney options when a real estate sale makes probate more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Montgomery County Circuit Clerk | Filing office for Montgomery County probate cases, local fee page, e-filing information, forms page, and public counter questions. | 120 North Main Street, Room 125, Hillsboro, IL 62049. Phone: (217) 532-9540. Email: [email protected]. |
| Illinois Legal Aid Online | Statewide legal information and a Montgomery County page listing local legal self-help center locations. | illinoislegalaid.org/counties/Montgomery |
| Land of Lincoln Legal Aid, Western Regional Office | Legal aid provider serving Montgomery County. | 111 East Fourth Street, Suite 330, Alton, IL 62002. Phone: (618) 462-0029 or (800) 642-5570. |
| Hillsboro Public Library legal self-help location | Listed by Illinois Legal Aid Online as a Montgomery County legal self-help center location. | 214 School St., Hillsboro, IL 62049. Phone: (217) 532-3055. |
| Litchfield Public Library District legal self-help location | Listed by Illinois Legal Aid Online as a Montgomery County legal self-help center location. | 400 N. State St., Litchfield, IL 62056. Phone: (217) 324-3866. |
| Doyle Public Library District legal self-help location | Listed by Illinois Legal Aid Online as a Montgomery County legal self-help center location. | 109 S. O'Bannon St., Raymond, IL 62560. Phone: (217) 229-4471. |
When to hire an attorney
Full probate in Montgomery County usually involves court filings, creditor notice, possible real estate transfer, and letters of office under 755 ILCS 5. Counsel is especially useful if heirs disagree, a home must be sold, a creditor issue appears, or the estate is large enough to need tax coordination before closing. Sunset connects to a vetted 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 can shape the Montgomery County probate plan.
Generate the probate packet. Sunset turns the estate settlement details into an organized probate packet so you can see what needs to be filed, what needs to be mailed, and what information is still missing.
Find a local probate attorney. When a Montgomery County estate needs court filings, real estate authority, creditor work, or family dispute support, Sunset can connect the family with a vetted Illinois probate attorney.
Sunset is free for families. Sunset helps families organize estate settlement without charging families for its core support.
Frequently asked questions
Where do I file probate in Montgomery County?
File with the Montgomery County Circuit Clerk at 120 North Main Street, Room 125, Hillsboro, IL 62049. Montgomery County is in the Fourth Judicial Circuit, but venue is county-specific under 755 ILCS 5/5-1, so you file in Montgomery County only when that county is the proper venue.
Does Montgomery County have a separate probate division?
No. The Circuit Court of the Fourth Judicial Circuit sits in Montgomery County, and probate is handled as a civil case category on the general docket.
Can I e-file a Montgomery County probate case?
Yes. Civil probate filings are submitted through Illinois e-filing. An original will cannot be e-filed under Illinois Supreme Court Rule 9(c)(1), so deliver or mail the original will to the Circuit Clerk.
How much is the Montgomery County probate filing fee?
The Montgomery County fee page lists a PR probate filing fee of $375, with no effective date published on the clerk fee page, page checked August 17, 2026. It also lists a PR appearance fee of $200 only when contesting, with no effective date published on the clerk fee page, page checked August 17, 2026. Call the Circuit Clerk before filing to confirm the current amount.
Can I appear remotely for a Montgomery County probate hearing?
Routine non-evidentiary probate matters are civil matters under Illinois Supreme Court Rule 45(a)(4)(i), and Rule 45(c)(1) generally allows remote attendance without advance approval unless an exception applies. Fourth Judicial Circuit Rule 10-8 uses Zoom or telephone as directed, and proposed exhibits, proposed orders, agreed orders, agreements, or stipulations for a remote hearing must be submitted at least 48 hours before the hearing.
How do I look up a Montgomery County probate case?
Montgomery County participates in Judici under court code IL068015J. Use the Montgomery County Judici case search page for the public docket.
Are there local probate forms for Montgomery County?
The Circuit Clerk publishes guardianship report and account forms and a small estate affidavit under 755 ILCS 5/25-1, Art. XXV. No local decedent-estate petition, order, oath, or inventory template for opening a full probate estate is published.
Do I have to travel to Hillsboro for every probate step?
Not always. Many filings are handled electronically, and routine non-evidentiary hearings may be remote under Illinois Supreme Court Rule 45 and Fourth Judicial Circuit Rule 10-8. You still must get the original will to the Circuit Clerk because it 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.