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Stark County, IL Probate Information
Quick facts
| Item | Stark County detail |
|---|---|
| Court | Circuit Court of the Tenth Judicial Circuit, Stark County |
| Filing office | Stark County Circuit Clerk, 130 West Main Street, Toulon, IL 61483 |
| Mailing address | Stark County Circuit Clerk, P.O. Box 426, 130 West Main Street, Toulon, IL 61483 |
| Phone | (309) 286-5941. No separate probate line is published. |
| Fax | (309) 286-4039 |
| [email protected] | |
| Hours | Monday through Friday, 8:30 a.m. to 4:30 p.m., closed on court holidays. No lunch closure or separate filing cutoff is published. |
| Filing fee | $376.00 as of October 1, 2025 for probate (PR), including one set of letters of office. Confirm the current amount with the Circuit Clerk. |
| Local forms | No Stark County probate packet, cover sheet or decedent-estate form is published online. |
| E-filing | Required for civil filings, probate included, through eFileIL. Self-represented filers may use the Certification for Exemption From E-filing if they qualify. 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 | Stark County has a public Judici page run by a private vendor at https://www.judici.com/courts/index.jsp?court=IL088015J. The clerk's description of Judici does not specifically name probate cases, so ask the Circuit Clerk if an estate is not listed there. |
| Remote appearance | Available in civil matters at the judge's discretion by Zoom under Tenth Judicial Circuit Local Rule 86. If a proceeding is otherwise scheduled in person, the request to appear remotely must be made in writing or in person at least three business days before the proceeding, unless the judge sets the matter remote. |
| Website | https://www.starkco.illinois.gov/departments/circuit-clerk |
Before you begin — know the assets and liabilities
Before filing, make a practical inventory of the decedent's assets, debts, titles, beneficiary designations and co-owners. A Stark County filing fee and a request for letters of office under the Illinois Probate Act of 1975 (755 ILCS 5) only make sense after you know whether court authority is needed to collect or sell property.
Sunset's estate settlement tools can help search more than 2,300 financial institutions, organize balances and identify accounts that may pass outside probate. That preparation helps you decide whether to e-file a probate petition in Stark County, deliver an original will to the Circuit Clerk or ask a local probate attorney to step in.
Which court handles jurisdiction
One courthouse serves all Stark County probate filings: the Stark County Courthouse at 130 West Main Street in Toulon. The county names Toulon, the Town of Wyoming, and the villages of Bradford and LaFayette among its municipalities, along with the surrounding rural townships.
Stark County sits in the Tenth Judicial Circuit with Peoria, Tazewell, Marshall and Putnam Counties. That shared circuit structure does not move a Stark County estate to Peoria or Pekin. File a Stark County resident's estate with the Stark County Circuit Clerk in Toulon unless the Illinois venue rule points somewhere else. Venue is the county of the decedent's known place of residence, then the county where the greater part of the Illinois real estate is located, then the county where the greater part of the personal estate is located (755 ILCS 5/5-1).
The jurisdiction process
- Collect the death certificate, the original will if there is one, asset information, debt information and names and addresses for heirs and legatees. Anyone holding the will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1).
- Prepare the petition to admit the will or open administration, the proposed order, oath, bond materials if needed and any heirship proof. In Stark County, the petition is filed with the Stark County Circuit Clerk through eFileIL, but the original will is delivered or mailed to 130 West Main Street or P.O. Box 426 in Toulon because original wills cannot be e-filed.
- Pay the Stark County probate (PR) filing fee. The county's filing fee schedule lists probate (PR) at $376.00 as of October 1, 2025, including one set of letters of office. Confirm the current amount with the Circuit Clerk before filing.
- Prove heirship. Tenth Judicial Circuit Rule 65(a) allows heirship to be shown through testimony, affidavit under 755 ILCS 5/5-3, deposition or a verified petition, depending on what the court accepts in the case.
- Obtain the court order. Illinois generally grants independent administration under Article XXVIII when the petition does not request supervised administration, the will does not forbid it and no interested person makes an objection that requires supervision (755 ILCS 5/28-2).
- File the oath, address and any required bond materials. Tenth Judicial Circuit Rule 62 requires the representative to file an address with the clerk when the oath is subscribed and to keep address changes current.
- Receive letters of office. The first set is included in the $376.00 probate (PR) filing fee as of October 1, 2025. Additional certified letters of office are listed at $2.00 as of October 1, 2025.
- Send and publish notices. Notice to heirs and legatees follows 755 ILCS 5/6-10. The representative also publishes the creditor notice once a week for three successive weeks and files proof with the clerk, opening a claims period of not less than six months from first publication or three months from mailing or delivery, whichever is later (755 ILCS 5/18-3).
- Administer the estate. Gather assets, prepare the inventory, pay allowed claims and expenses, address any written objections, and follow Tenth Judicial Circuit Rule 66(a) if the estate includes real estate by listing the legal description and street address, if any.
- Account and close. Before a final account is approved, Tenth Judicial Circuit Rule 76 requires a verified final account that includes required statements about costs and claims, plus receipts for allowed claims shown paid. An independent representative may close under Article XXVIII when the statutory and court requirements are satisfied.
Forms and documents
Probate forms in Stark County
The Stark County Circuit Clerk does not publish a probate packet, probate cover sheet, decedent-estate petition, order, oath, inventory, account form or small-estate template online. The clerk's page links to statewide forms, but Illinois does not publish statewide standardized forms for decedents' estates.
The statewide forms that can still matter in a Stark County estate are the Certification for Exemption From E-filing, the Application for Waiver of Court Fees for civil cases and the Appearance. Tenth Judicial Circuit Rule 60 says probate forms should be uniform across the circuit to the extent possible, but the circuit does not publish those forms online. Ask the Stark County Circuit Clerk whether the court can furnish a petition form before drafting one from scratch.
Fees
The Stark County Circuit Clerk's filing fee schedule, headed "As of 10-1-2025," includes the probate (PR) lines below. The $376.00 probate filing fee as of October 1, 2025 includes one set of letters of office. Ask the Circuit Clerk whether any appearance fee applies in a particular probate matter.
| Fee item | Amount |
|---|---|
| Probate (PR), includes one set of letters of office | $376.00 as of October 1, 2025 |
| Will contest | $276.00 as of October 1, 2025 |
| Claim, $150 to $500 | $25.00 as of October 1, 2025 |
| Claim, $500.01 to $10,000 | $40.00 as of October 1, 2025 |
| Claim, $10,000.01 and over | $60.00 as of October 1, 2025 |
| Certified letters of office | $2.00 as of October 1, 2025 |
| Each notice required to be sent by clerk | $10.00 as of October 1, 2025 |
| Reproductions, first page | $2.00 as of October 1, 2025 |
| Reproductions, next 19 pages, per page | $0.50 as of October 1, 2025 |
| Reproductions, page 21 and over, per page | $0.25 as of October 1, 2025 |
| Certification or authentication for taking the acknowledgment of a deed or other instrument, with seal | $6.00 as of October 1, 2025 |
| Motion for change of venue, forwarding to another county | $40.00 as of October 1, 2025 |
| Reinstatement for a petition to reopen an estate | $0.00 as of October 1, 2025 |
Illinois filing fees are set through the circuit clerk fee framework in 705 ILCS 105/27.1b and county action, so there is no single statewide probate filing fee. Use the Stark County schedule, then confirm the current total with the Stark County Circuit Clerk before filing.
Local nuance
Stark County-specific considerations
The Tenth Judicial Circuit local probate rules apply in Stark County. Rule 62 requires each executor, administrator or guardian to file an address with the clerk when subscribing the oath and to record any change of address during administration. That matters for out-of-state representatives because the court and clerk need a current address throughout the estate.
Rule 63(b) addresses the original will after admission. After the will is admitted, the clerk makes a copy part of the court file, keeps the original separate from the file for six months and does not surrender the original except by court order. This is separate from the Illinois Supreme Court Rule 9(c)(1) requirement that the original will cannot be e-filed in the first place.
Rule 65(a) allows heirship to be established by testimony in open court, affidavit under Section 5-3 of the Probate Act, deposition or a verified petition. In an uncontested Stark County estate, that can reduce the amount of courtroom testimony needed, but the court still decides what proof is acceptable.
Rule 66(a) requires an inventory to include the legal description of each parcel of real estate and the street and number, if any. For a Stark County house or farmland, gather the deed description before preparing the inventory.
Rule 73 limits early distribution before the expiration of six months after issuance of letters. The rule ties that authority to Section 24-4(a) of the Probate Act (755 ILCS 5/24-4(a)) and requires, among other things, an inventory, a current account, paid accrued costs and evidence that allowed claims are paid or that enough money remains to pay claims.
Claims notice is a separate Probate Act step. The representative publishes once a week for three successive weeks in a newspaper published in the county where the estate is administered, files proof of publication with the clerk and sets a claims date that is not less than six months from first publication or three months from mailing or delivery, whichever is later (755 ILCS 5/18-3).
Recent updates
| Change | What it means locally |
|---|---|
| Stark County Circuit Clerk filing fee schedule as of October 1, 2025 | The current filing fee schedule lists probate (PR) at $376.00 as of October 1, 2025, including one set of letters of office. It also lists claim fees of $25.00 as of October 1, 2025 for $150 to $500, $40.00 as of October 1, 2025 for $500.01 to $10,000, $60.00 as of October 1, 2025 for $10,000.01 and over, and certified letters of office at $2.00 as of October 1, 2025. |
| Tenth Judicial Circuit Local Rule 86 on remote appearances, effective March 2023 | The rule lets a judge hold civil proceedings remotely, identifies civil proceedings that remain excluded from remote handling, and requires a written or in-person remote request at least three business days before a proceeding that is otherwise scheduled in person. |
Page last reviewed: August 2026.
Scenarios
| Persona | Likely local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Property held in joint tenancy or with a beneficiary designation may pass outside the probate case. If assets stood in the decedent's sole name, the spouse e-files the petition through eFileIL, delivers or mails the original will to the Stark County Circuit Clerk in Toulon and pays the $376.00 probate (PR) filing fee as of October 1, 2025, which includes one set of letters of office. | Sunset helps identify which accounts and real estate interests need court authority and which may pass outside probate, then organizes the estate settlement packet for Stark County filing or attorney review. |
| Out-of-state adult child with small estate | Many steps can be handled from outside Illinois. E-file the petition if a court estate is needed, contact the Circuit Clerk at (309) 286-5941 or [email protected], and ask about remote appearance options. If a proceeding is otherwise set in person, a remote request must be made in writing or in person at least three business days ahead under Local Rule 86. The original will still must be mailed or delivered to Toulon, and Rule 62 requires the representative's address to stay current with the clerk. | Sunset helps gather asset information, prepare for e-filing and coordinate with a Stark County attorney when a remote-friendly plan still needs local court judgment or an original will delivery. |
| Parent settling predeceased child's estate, home must be sold | A sale of solely owned real estate usually requires letters of office. The estate is opened with the Stark County Circuit Clerk, the inventory must include the legal description and street address under Tenth Judicial Circuit Rule 66(a), and title companies often want certified letters. Additional certified letters of office are $2.00 as of October 1, 2025 beyond the set included with the filing fee. The representative publishes the claims notice under 755 ILCS 5/18-3 before distribution. | Sunset helps assemble the asset list, debt list, heir information and real estate details, then connects the family with a probate attorney if a sale, claim or title issue makes the estate settlement more complex. |
Self-help resources
| Resource | How it helps |
|---|---|
| Stark County Circuit Clerk, https://www.starkco.illinois.gov/departments/circuit-clerk | The filing office for Stark County estates, located at 130 West Main Street, P.O. Box 426, Toulon, IL 61483. Phone (309) 286-5941, fax (309) 286-4039, email [email protected]. The clerk's page carries filing fees and e-filing links, but the office cannot give legal advice. |
| Stark County Circuit Clerk filing fee schedule, https://www.starkco.illinois.gov/file/397 | The county's filing fee schedule headed "As of 10-1-2025," including probate (PR), claim fees, certified letters of office and copy fees. |
| Tenth Judicial Circuit local court rules, https://www.10thcircuitcourtil.org/297/circuit-court-rules | Rules for Peoria, Tazewell, Marshall, Putnam and Stark Counties, including the probate rules that address address filings, original wills, heirship, inventories, claims, objections, early distribution and final accounts. |
| Tenth Judicial Circuit remote hearings information, https://www.10thcircuitcourtil.org/309/Remote-Hearings | Explains Zoom appearances, phone access and the need to use the Meeting ID on the court notice. The page lists the Stark County Circuit Clerk at (309) 286-5941 for questions. |
| Peoria County Legal Self-Help Center, http://10thcircuitcourtil.org/175/Self-Help-Information | The Tenth Judicial Circuit self-help center is in Peoria County Courthouse, 324 Main Street, Room 211, Peoria, IL 61602, phone (309) 672-6084, Monday through Friday 8:30 a.m. to 5:00 p.m. It offers statewide forms, print materials, computers and online resources. It is not in the Stark County Courthouse. |
| Prairie State Legal Services, Peoria office, https://pslegal.org/our-offices | The Peoria office serves Stark County from 101 SW Adams St., Suite 800, Peoria, IL 61602, phone (309) 674-9831 and toll free (800) 322-2280. It provides free civil legal help for eligible people. Ask whether it can help with the estate issue before relying on it. |
| Illinois Legal Aid Online, how do I settle an estate after someone dies, https://www.illinoislegalaid.org/legal-information/how-do-i-settle-estate-after-someone-dies | A statewide plain-language guide to estate settlement after a death. |
| Illinois Courts approved statewide standardized forms, https://www.illinoiscourts.gov/documents-and-forms/approved-forms/ | Every Illinois court must accept the approved statewide forms. In a Stark County estate, the relevant forms are usually the Certification for Exemption From E-filing, the civil fee waiver application and the Appearance. There is no statewide decedent-estate form set. |
| eFileIL, https://efile.illinoiscourts.gov/ | The statewide electronic filing system. The Stark County Circuit Clerk links Odyssey eFileIL for registration and sign-in. |
| Tenth Judicial Circuit e-filing information, https://www.10thcircuitcourtil.org/456/E-file-Information | Step-by-step e-filing directions, videos, English and Spanish instructions, and a case category chart that places administration of a decedent's estate in the Probate category. |
When to hire an attorney
A lawyer is especially useful in Stark County when the estate includes farmland or a house that must be sold, heirs disagree, a creditor files a claim, a will contest is possible, or the final account must satisfy Tenth Judicial Circuit Rules 74 and 76. The Circuit Clerk cannot give legal advice, and the clerk's fee schedule prices a will contest at $276.00 as of October 1, 2025. Sunset connects families to a vetted Illinois probate attorney serving Stark County.
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 affect whether a Stark County estate needs court involvement.
Generate the probate packet. Sunset organizes the family, asset and debt information needed for estate settlement, then helps produce the documents a local attorney or filer can adapt for the Stark County Circuit Clerk.
Find a local probate attorney. If the estate needs letters of office, a home or farmland sale, a creditor response or a will contest strategy, Sunset can connect the family with a vetted Illinois probate attorney serving Stark County.
Sunset is free for families. Sunset helps families understand the estate settlement path, organize the work and decide when court filing or legal help is needed, without charging families for the platform.
Frequently asked questions
Where do I file for probate in Stark County?
File with the Stark County Circuit Clerk at 130 West Main Street in Toulon. 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 Illinois real estate, then the county with the greater part of the personal estate (755 ILCS 5/5-1).
Do I have to e-file probate papers in Stark County?
Yes. Probate is a civil filing, and Stark County directs civil filings through eFileIL. A self-represented filer who cannot e-file may use the Supreme Court's Certification for Exemption From E-filing. An original will cannot be e-filed and must be delivered or mailed to the Stark County Circuit Clerk under Illinois Supreme Court Rule 9(c)(1).
What do I do with the original will in Stark County?
Deliver or mail the original will to the Stark County Circuit Clerk in Toulon. Under Tenth Judicial Circuit Rule 63(b), after a will is admitted, the clerk keeps the original will separate from the court file for six months and will not release it without a court order.
How much does Stark County probate cost?
The Stark County Circuit Clerk's filing fee schedule lists probate (PR) at $376.00 as of October 1, 2025, including one set of letters of office. Additional certified letters of office are listed at $2.00 as of October 1, 2025. Confirm the current amount with the Circuit Clerk before filing.
Can I appear remotely in a Stark County probate matter?
Possibly. Tenth Judicial Circuit Local Rule 86 allows remote appearances in civil matters at the judge's discretion. If the proceeding is otherwise scheduled in person, a participant who wants to appear remotely must ask the court in writing or in person at least three business days before the proceeding. Evidentiary hearings, settlement conferences, jury or bench trials and contempt proceedings are excluded from civil remote proceedings.
Are there local probate forms in Stark County?
No Stark County probate packet or decedent-estate form is published online, and Illinois has no statewide standardized decedent-estate form set. The statewide approved forms that may still matter are the e-filing exemption certification, the civil fee waiver application and the Appearance.
How do I look up a Stark County case?
Use Stark County's public Judici page at https://www.judici.com/courts/index.jsp?court=IL088015J. Judici is a private vendor, not the court. The Circuit Clerk's description of Judici does not specifically name probate cases, so if an estate does not appear there, call the Stark County Circuit Clerk at (309) 286-5941.
Do I have to travel to Toulon to handle a Stark County estate?
Often no. Many filings can be e-filed, the Circuit Clerk can be reached by phone or email, and some civil appearances may be remote at the judge's discretion. The original will still has to be delivered or mailed to the Circuit Clerk, and the judge may require an in-person proceeding.
Is the Stark County Circuit Clerk the same as the County Clerk and Recorder?
No. The Circuit Clerk takes probate filings. The Stark County Clerk and Recorder is a different office that handles vital records, elections and land recording. If estate real estate is sold or transferred, the deed is handled through the recording office, not the probate filing counter.
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.