Back to Illinois
Scott County, IL Probate Information
Quick facts
| Item | Scott County information |
|---|---|
| Court | Circuit Court of the Seventh Judicial Circuit, Scott County |
| Filing office | Scott County Circuit Clerk, the Clerk of the Circuit Court |
| Courthouse address | Scott County Courthouse, 35 East Market Street, Winchester, IL 62694 |
| Mailing | Mail probate papers and any original will to the Scott County Circuit Clerk at 35 East Market Street, Winchester, IL 62694. |
| Phone | (217) 742-5217. No separate probate line is published. |
| Fax | (217) 742-5853 |
| Hours | Monday through Friday, 8 a.m. to 12 p.m. and 1 p.m. to 4 p.m., closed on holidays. |
| Filing fee | No Scott County probate fee schedule is published on the Circuit Clerk page. Illinois circuit clerk fees are set under 705 ILCS 105/27.1b by county board ordinance or resolution, so confirm the current total with the Circuit Clerk before filing. |
| Local forms | No Scott County decedent-estate probate packet, cover sheet or local probate form is published by the Circuit Clerk. |
| E-filing | E-filing is required in Illinois civil cases, including probate, for filers with and without a lawyer under Illinois Supreme Court Rule 9(a). A self-represented filer may use the Certification for Exemption From E-filing when Rule 9(d) applies. An original will cannot be e-filed under Rule 9(c)(1) and must be delivered or mailed to the Circuit Clerk. |
| Case search | Scott County has a public Judici court page. Judici is a private vendor, and its Scott County page does not specifically say whether probate cases appear there, so call the Circuit Clerk if an estate case does not appear. |
| Remote appearance | No Scott County probate remote appearance procedure is published on the Circuit Clerk page. Ask the Circuit Clerk for the judge's current instructions before any hearing. |
| Website | https://scottcoil.gov/circuitclerkinformation |
Before you begin — know the assets and liabilities
Before opening a Scott County probate case, identify the assets, debts, title documents and beneficiary designations. That first inventory tells you whether estate settlement needs court authority, whether an original will must be delivered to the Circuit Clerk, and whether a house, account or vehicle can move without a full court appointment.
Sunset helps with that first pass by searching across more than 2,300 institutions, organizing what turns up and separating assets that may pass outside probate from assets that may require letters of office under 755 ILCS 5. Do that work before you pay a filing fee or schedule a hearing.
Which court handles jurisdiction
Scott County probate matters are filed at the Scott County Courthouse in Winchester. The filing office is the Scott County Circuit Clerk, the Clerk of the Circuit Court, at 35 East Market Street. The Scott County Clerk and Recorder is a different office and does not take probate filings.
Scott County is part of the Seventh Judicial Circuit with Sangamon, Macoupin, Morgan, Greene and Jersey Counties. That shared circuit does not move Scott County filings to another county. File in Scott County when Illinois venue points to Scott County, usually because the decedent had a known place of residence there. If there was no known Illinois residence, venue follows the county with the greater part of the decedent's Illinois real estate, then the county with the greater part of Illinois personal property (755 ILCS 5/5-1).
The jurisdiction process
- Locate the original will if one exists. Anyone holding the will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1). If you are named as executor, open the case or decline within 30 days after learning of the appointment (755 ILCS 5/6-3).
- Prepare the petition to admit the will, if there is one, and to issue letters of office under 755 ILCS 5. Because Scott County publishes no local decedent-estate packet, confirm any formatting or cover-sheet expectations with the Circuit Clerk before filing.
- E-file the petition and supporting papers unless you have an exemption under Illinois Supreme Court Rule 9(d). Deliver or mail the original will to the Scott County Circuit Clerk at 35 East Market Street, Winchester, IL 62694, because original wills cannot be e-filed under Rule 9(c)(1).
- Confirm the filing fee with the Scott County Circuit Clerk before submitting the case. Illinois circuit clerk fees are set under 705 ILCS 105/27.1b by county board ordinance or resolution, and no Scott County probate fee schedule is published on the Circuit Clerk page.
- Ask the Circuit Clerk how the judge will set the first hearing and whether any remote appearance instructions apply. No Scott County probate remote appearance procedure is published on the Circuit Clerk page.
- At the hearing, prove heirship as required (755 ILCS 5/5-3). The court may admit the will, appoint the representative and grant independent administration under Article XXVIII unless the will forbids it or an interested person objects (755 ILCS 5/28-2).
- File the representative's oath and any bond materials required by the court (755 ILCS 5/12-2). After appointment, the clerk issues letters of office under 755 ILCS 5, called letters testamentary when issued to an executor under a will and letters of administration when issued in an intestate estate.
- Send the 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 of administration and file proof of publication with the clerk. The claims date must be at least six months from first publication or 3 months from mailing, whichever is later (755 ILCS 5/18-3). Claims are barred no later than 2 years after death under 755 ILCS 5/18-12.
- Administer and close the estate. Gather assets, prepare any required inventory, pay valid claims and expenses, handle any sale or transfer that needs court authority, account to interested persons or the court as required, and request discharge when the estate is ready to close.
Forms and documents
Probate forms in Scott County
Scott County does not publish a local decedent-estate probate packet, probate cover sheet or probate form on the Circuit Clerk page. Illinois also has no statewide standardized decedent-estate probate form set. If you need letters of office under the Illinois Probate Act of 1975, prepare the petition, oath, bond materials if required, proposed order and related documents for filing with the Scott County Circuit Clerk.
The statewide forms that often matter in a probate filing are the Appearance, the Fee Waiver for Civil Cases application and the Certification for Exemption From E-filing. Illinois courts must accept the approved statewide standardized forms, but those forms do not replace a county-specific probate petition or the documents needed to request letters of office under 755 ILCS 5.
If there is an original will, deliver or mail the paper original to the Scott County Circuit Clerk at 35 East Market Street in Winchester. Illinois Supreme Court Rule 9(c)(1) does not allow original wills to be e-filed.
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking title and beneficiary designations. If no court authority is needed for the home and only non-court transfers remain, you may not need to open a Scott County estate. If a probate appointment is needed, file with the Scott County Circuit Clerk in Winchester. | Sunset helps identify accounts, organize title questions and decide whether estate settlement needs a court filing before you contact the Circuit Clerk. |
| Out-of-state adult child with a small estate | If the estate can be handled without court appointment, use the Illinois small estate affidavit route where it applies. If a court case is needed, e-file eligible papers and mail the original will, if any, to the Scott County Circuit Clerk because original wills cannot be e-filed. | Sunset helps gather asset information, prepare a filing packet if court authority is needed and keep mailing and filing tasks in one place. |
| Parent settling predeceased child's estate, home must be sold | A home sale often requires a court-appointed representative. File the petition in Scott County if venue belongs there, then request letters of office under 755 ILCS 5 so the representative can act for the estate. | Sunset helps assemble asset details, organize the probate packet and connect the family with a vetted Illinois probate attorney when a sale or dispute makes legal help important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Scott County Circuit Clerk | Filing office for Scott County probate cases, original wills, fee confirmation and case-specific filing questions. | Scott County Courthouse, 35 East Market Street, Winchester, IL 62694. Phone: (217) 742-5217. Website: https://scottcoil.gov/circuitclerkinformation |
| Seventh Judicial Circuit Legal Aid Self Help Center | Self-help center administered from the Sangamon County Courts Complex. It does not provide legal advice. | 200 S. 9th Street, Springfield, IL |
| Land of Lincoln Legal Aid, Springfield office | Regional legal aid program serving Scott County through the Springfield office. | 3085 Stevenson Drive, Suite 202, Springfield, IL 62703. Phone: 217-529-8400. Toll-free: 800-242-8629. |
| Illinois Legal Aid Online, settling an estate guide | Plain-language statewide guidance on estate settlement after someone dies. | https://www.illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies |
| Illinois Courts approved statewide forms | Statewide forms Illinois courts must accept, including Appearance, Fee Waiver for Civil Cases and Certification for Exemption From E-filing. There is no statewide standardized decedent-estate probate packet. | https://www.illinoiscourts.gov/documents-and-forms/approved-forms/ |
| eFileIL | Statewide e-filing system for Illinois courts, including probate filings that are not excepted or exempt under Rule 9. | https://efile.illinoiscourts.gov/ |
When to hire an attorney
Consider counsel for a Scott County estate when a house must be sold, heirs disagree, creditor claims are disputed, a minor or person with a disability has an interest, or the representative must act for the estate in litigation. Illinois law allows a person to represent the person's own interests, but only a licensed attorney may represent another person's legal interests (705 ILCS 205/1). Sunset connects families with a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families organize estate settlement by searching across financial institutions, surfacing accounts and helping you understand what may need a Scott County filing.
Generate the probate packet. Sunset turns what you know about the estate into a working probate packet, including the information needed to request letters of office under 755 ILCS 5 when a court appointment is needed.
Find a local probate attorney. If the estate needs legal help, Sunset can connect you with a vetted Illinois probate attorney who understands filings in smaller circuit-court counties like Scott County.
Sunset is free for families. Sunset's estate settlement tools are free for families, and the platform helps keep tasks, documents and next steps organized while you work with the Scott County Circuit Clerk or a lawyer.
Frequently asked questions
Where do I file probate in Scott County, Illinois?
File with the Scott County Circuit Clerk at the Scott County Courthouse, 35 East Market Street, Winchester, IL 62694. Venue is usually the county where the decedent had a known place of residence, then the county with the greater part of Illinois real estate, then the county with the greater part of Illinois personal property (755 ILCS 5/5-1).
Does Scott County have a separate probate division?
No separate probate division is published for Scott County. Probate filings go through the Scott County Circuit Clerk, who takes civil filings for the Circuit Court of the Seventh Judicial Circuit, Scott County.
Can I e-file a probate case in Scott County?
Yes. Probate is a civil case, and e-filing is required in Illinois civil cases for filers with and without a lawyer under Illinois Supreme Court Rule 9(a). If you qualify for an exemption, file the Supreme Court's Certification for Exemption From E-filing under Rule 9(d).
Can I e-file the original will in Scott County?
No. Illinois Supreme Court Rule 9(c)(1) says original wills may not be e-filed. Deliver or mail the paper original to the Scott County Circuit Clerk at 35 East Market Street, Winchester, IL 62694.
How much is the Scott County probate filing fee?
No Scott County probate fee schedule is published on the Circuit Clerk page. Illinois circuit clerk fees are set under 705 ILCS 105/27.1b by county board ordinance or resolution, so call the Circuit Clerk at (217) 742-5217 before filing.
Are there Scott County probate forms online?
No Scott County decedent-estate probate packet, probate cover sheet or local probate form is published by the Circuit Clerk. Use the approved statewide forms only where they fit, such as the Appearance, the Fee Waiver for Civil Cases application and the Certification for Exemption From E-filing.
Can I look up a Scott County probate case online?
Scott County has a public Judici court page. Judici is a private vendor, and its Scott County page does not specifically say whether probate cases are included, so call the Circuit Clerk at (217) 742-5217 if you cannot find the estate case.
Do I have to travel to Winchester for Scott County probate?
Many probate papers can be e-filed, and the original will can be mailed to the Circuit Clerk because original wills cannot be e-filed under Rule 9(c)(1). If a hearing is set, ask the Circuit Clerk whether the judge has given remote appearance instructions for that hearing.
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.