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Vermilion County, IL Probate Information
Quick facts
| Item | Vermilion County details |
|---|---|
| Court | Circuit Court of the Fifth Judicial Circuit, Vermilion County |
| Filing office | Vermilion County Circuit Clerk, Rita B. Garman Vermilion County Courthouse, 7 North Vermilion Street, 1st Floor, Danville, IL 61832 |
| Mailing | Mail filings that may be mailed, including an original will, to the Vermilion County Circuit Clerk at 7 North Vermilion Street, Danville, IL 61832. No separate probate mailing address is published. |
| Probate phone | (217) 554-7717. The general Circuit Clerk line is (217) 554-7700. |
| Records and searches | (217) 554-7734, or [email protected] for written record search requests. |
| Fax | (217) 554-7728 |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. No lunch closure or separate filing cutoff is published. |
| Filing fee | $367.00 to open a decedent's estate, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk before filing. |
| Local forms | Yes. The Circuit Clerk publishes a Probate Division forms page with an entry of appearance, estate claim, notice of hearing, oath and bond, and a small estate affidavit. The set is partial and does not include a petition for letters of office under 755 ILCS 5. |
| E-filing | Required in Illinois civil cases, including probate, through eFileIL. A self-represented filer who cannot e-file may use the Certification for Exemption From E-filing. An original will may not be e-filed and must be delivered or mailed to the Circuit Clerk under Illinois Supreme Court Rule 9(c)(1). |
| Case search | Use the Vermilion County Online Case Search linked from the Circuit Clerk. Vermilion County is not a judici county. If the estate is not found, contact the Circuit Clerk's records line or send a record search request to [email protected]. |
| Remote appearance | Available by Zoom under Vermilion County's remote-proceedings protocol. Confirm eligibility for your hearing with the Court Administrator's Office at (217) 554-7830 or the Circuit Clerk at (217) 554-7700. |
| Website | Vermilion County Circuit Clerk |
Before you begin — know the assets and liabilities
Before you file in Vermilion County, identify the assets, debts, beneficiaries and title details. That determines whether an estate must be opened in Danville, whether the original will must be delivered to the Circuit Clerk, and whether a representative needs letters of office under 755 ILCS 5 to deal with a bank, vehicle, house or farmland.
Sunset's estate settlement tools help families search across more than 2,300 financial institutions, organize asset information, and decide what belongs in the court packet. Do that inventory work before paying a filing fee or scheduling a remote hearing.
Which court handles jurisdiction
One courthouse serves Vermilion County probate matters: the Rita B. Garman Vermilion County Courthouse at 7 North Vermilion Street in Danville. The Circuit Clerk's filing counter is on the 1st floor. The county publishes no branch, satellite or annex filing location for probate.
Vermilion County is in the Fifth Judicial Circuit with Edgar, Clark, Cumberland and Coles Counties. That shared circuit structure does not move a Vermilion County estate to another county. If venue belongs in Vermilion County, file with the Vermilion County Circuit Clerk in Danville.
Danville is the county seat. Vermilion County also includes communities such as Hoopeston, Georgetown, Catlin, Tilton, Oakwood and Sidell. Illinois venue is the county of the decedent's 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
- Find the will and identify the proper county. A person who has the will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1). Venue for a Vermilion County filing follows the county-of-residence, real-estate, then personal-estate order in 755 ILCS 5/5-1.
- Prepare the petition and supporting papers. Illinois has no statewide standardized decedent-estate packet, and Vermilion County's posted forms are partial, so the petition to admit the will and issue letters of office under 755 ILCS 5 is usually drafted from the estate facts.
- E-file the petition through eFileIL unless you have a Rule 9 exemption. Deliver or mail the original will to the Vermilion County Circuit Clerk at 7 North Vermilion Street, 1st Floor, Danville, because an original will may not be e-filed under Illinois Supreme Court Rule 9(c)(1).
- Pay the opening fee or request a fee waiver. The county's fee schedule lists $367.00 to open a decedent's estate, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk before filing.
- Prove heirship and present the order. The court determines heirship under 755 ILCS 5/5-3 and, when the statutory requirements are met, enters the order needed for letters of office under 755 ILCS 5.
- Address administration, oath and bond. Under Article XXVIII of the Illinois Probate Act of 1975, independent administration is granted unless the will forbids it or an interested person objects as provided by statute. The representative also takes the oath and addresses bond under 755 ILCS 5/12-2.
- Receive letters of office. Letters of office under 755 ILCS 5 are the authority document used with banks, title companies and other holders of property. Certified copies of letters of office are $2.00 each, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk.
- Give required notice. Mail notice to heirs and legatees as required by 755 ILCS 5/6-10. If a remote hearing is being set, follow the Vermilion County Zoom protocol and file the Notice of Remote Proceeding at least 72 hours before the hearing.
- Publish and handle claims. The representative publishes the claims notice once each week for three successive weeks in a newspaper published in the county where the estate is being administered and files proof with the clerk. The claims date must be at least six months from the first publication, or three months from mailing or delivery to known creditors, whichever is later (755 ILCS 5/18-3).
- Administer and close the estate. Collect assets, address claims, sell or transfer property when authorized, keep records, and close by the accounting or closing method required for the estate under the Illinois Probate Act of 1975, including Article XXIV or Article XXVIII when independent administration applies.
Forms and documents
Probate forms in Vermilion County
Illinois does not publish a statewide standardized decedent-estate packet. Vermilion County is unusual because the Circuit Clerk does publish a local Probate Division forms page, but the posted set is partial and does not include the petition to admit a will and issue letters of office under 755 ILCS 5.
| Form | Use in a decedent's estate |
|---|---|
| Entry of Appearance | Used when a person appears in the case. |
| Estate Claim | Used by a creditor filing a claim in the estate. |
| Notice of Hearing | Used to give notice of a hearing date. |
| Oath and Bond of Guardian/Executor | Relevant when the representative must take an oath and address bond under 755 ILCS 5/12-2. |
| Small estate affidavit | Use the version linked from the Probate Division forms page and check the form date before signing. The Circuit Clerk's site also carries an older edition in other places. |
The statewide forms that may still matter are the Certification for Exemption From E-filing, the civil fee waiver application and the Appearance form. Every Illinois court must accept the approved statewide forms that appear on the Illinois Courts forms page.
Fees
The Vermilion County Circuit Clerk publishes a county filing fee schedule. Because Illinois fees are set under 705 ILCS 105/27.1b and county-board action, there is no single statewide probate filing fee. Use the county's schedule as a starting point and confirm the current amount with the Circuit Clerk before filing.
| Fee item | Amount | How to use it |
|---|---|---|
| Open a decedent's estate | $367.00, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk. | The opening fee for a Vermilion County decedent's estate. |
| Estate claim, larger claim tiers | $25.00, $40.00, or $60.00 depending on the claim amount, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk. | A creditor filing a claim should ask the clerk which tier applies. |
| Certified copy of letters of office | $2.00, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk. | Banks, title companies and asset holders often ask for recent certified copies of letters of office under 755 ILCS 5. |
| Petition concerning estate real estate | $100.00, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk. | Ask the clerk and your attorney when a separate real-estate petition is needed. |
| Record search | $6.00 per year searched, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk. | Written record search requests go to [email protected]. |
Local nuance
Vermilion County-specific considerations
| Local point | What it means in Vermilion County |
|---|---|
| Remote hearings use Zoom | Vermilion County has its own remote-proceedings protocol. A remote appearance is treated as equivalent to an in-person appearance unless the order says otherwise. Eligibility depends on Illinois Supreme Court Rule 45 and county protocols, so confirm your hearing with the Court Administrator's Office or the Circuit Clerk. |
| Remote-hearing lead times | The Notice of Remote Proceeding must be filed with the Circuit Clerk at least 72 hours before the proceeding. If witnesses are presented, the witness list is due at least three court days before the proceeding. Exhibits are exchanged at least three court days before and emailed to [email protected] at least two court days before. |
| Proposed orders matter | For a joint motion to set a remote proceeding, the county protocol says the proposed order is what brings the motion to the judge's attention. A motion filed without a proposed order will not be acted on under that protocol. |
| Local probate forms exist, but not a full packet | The Circuit Clerk posts several Probate Division forms, including an entry of appearance, estate claim, notice of hearing, oath and bond, and a small estate affidavit. The county does not post a petition for letters of office under 755 ILCS 5. |
| County case search is local | Vermilion County runs its own Online Case Search. Judici is listed by the clerk only for other counties. |
Recent updates
| Update | What changed |
|---|---|
| Vermilion County remote-proceedings protocol entered March 30, 2023 | The Circuit Court for Vermilion County adopted a written Zoom protocol under Illinois Supreme Court Rule 45. Remote settings are arranged through the Court Administrator's Office or the Circuit Clerk, a Notice of Remote Proceeding is filed at least 72 hours ahead, witness lists are due three court days ahead, and exhibits are emailed to the Circuit Clerk two court days ahead. |
| Fifth Judicial Circuit Rules of Practice updated March 2023 | The circuit added Rule III(E) on remote appearances. The rules still do not contain a probate-specific local rule. |
Scenarios
| Situation | Likely Vermilion County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Property held in joint tenancy or with a beneficiary designation may pass outside the estate. If assets were in the decedent's sole name, the spouse e-files the petition, delivers or mails the original will to the Circuit Clerk in Danville, and confirms the $367.00 opening fee published on the county's filing fee schedule dated May 29, 2020 with the Circuit Clerk. | Sunset helps separate jointly held property from probate assets, organize the estate settlement checklist, and prepare the information needed for letters of office under 755 ILCS 5 when court authority is needed. |
| Out-of-state adult child with small estate | Many steps can be handled from outside Illinois by e-filing, mail, phone and Zoom. The original will still must be delivered or mailed to Danville. If an out-of-state affiant uses a small estate affidavit, that person submits to Illinois jurisdiction and must address the Illinois service-agent rule in 755 ILCS 5/25-1(f). | Sunset helps gather account information, determine whether a court estate is needed, organize the affidavit or probate packet, and coordinate the estate settlement work without unnecessary travel. |
| Parent settling predeceased child's estate, home must be sold | Selling real estate usually requires letters of office under 755 ILCS 5. The estate is opened with the Vermilion County Circuit Clerk, the claims notice is published under 755 ILCS 5/18-3, and any deed is recorded with the Vermilion County Recorder after probate authority exists. Certified copies of letters of office are $2.00 each, as published on the county's filing fee schedule dated May 29, 2020, and a petition concerning estate real estate is listed at $100.00 on that same schedule. Confirm both amounts with the Circuit Clerk. | Sunset identifies accounts and debts, prepares the family for creditor notice and title-company requests, and connects the family with a local probate attorney when real estate must be sold. |
Self-help resources
| Resource | How it helps |
|---|---|
| Vermilion County Circuit Clerk | The filing office for estates. Use the probate line, (217) 554-7717, for probate questions, and the records line, (217) 554-7734, for record searches. |
| Vermilion County Probate Division forms | Local forms for entry of appearance, estate claim, notice of hearing, oath and bond, and related probate items. Check the date on any form before signing. |
| Vermilion County Online Case Search | The county's own public case lookup. If the portal does not answer the question, send a record search request to [email protected]. |
| Vermilion County Legal Self-Help Center at the Danville Public Library | Computers, internet access, online court forms and help finding legal information at 319 North Vermilion Street, Danville, (217) 477-5220. Legal information only, not legal advice. |
| Vermilion County Legal Self-Help Center at the Hoopeston Public Library | A second county self-help location at 110 North 4th Street, Hoopeston, (217) 283-6711. Legal information only, not legal advice. |
| Land of Lincoln Legal Aid, Eastern Regional Office | The legal aid program serving Vermilion County. The Eastern Regional Office is in Champaign and can be reached at (217) 356-1351 or (800) 747-5523, with statewide intake at 877-342-7891. Ask whether it can assist with the estate issue. |
| Illinois Legal Aid Online estate guide | Plain-language statewide guidance on settling an estate after someone dies. |
| Illinois Courts approved statewide standardized forms | Statewide forms every Illinois court must accept, including the Certification for Exemption From E-filing, the civil fee waiver application and the Appearance form. There is no statewide decedent-estate packet. |
| eFileIL | The statewide electronic filing system, with a free Odyssey eFileIL option. |
| Vermilion County remote hearing information | Zoom instructions, remote hearing tips and county guidance for appearing by phone or video. |
| Fifth Judicial Circuit Court of Illinois | Circuit-level rules, administrative orders, resource links and the Vermilion County courthouse page. |
When to hire an attorney
A lawyer is most useful in a Vermilion County estate when a house or farmland must be sold, heirs disagree, a claim is filed, or a remote contested matter has to be set by motion and proposed order. The Circuit Clerk keeps the court file and the county's self-help centers provide legal information, but neither gives legal advice. Sunset connects families with a vetted Illinois probate attorney serving Vermilion County.
How Sunset helps
Find the accounts and assets. Sunset's estate settlement process starts by helping families identify accounts, insurance, real estate clues and debts across more than 2,300 financial institutions, so the Vermilion County probate filing is based on a clearer asset picture.
Generate the probate packet. Sunset organizes the information needed for the petition, heir and legatee details, asset list, notice steps and letters of office under 755 ILCS 5, then helps you prepare the packet for e-filing while keeping the original-will delivery rule separate.
Find a local probate attorney. When the estate involves real estate, a claim, a disagreement, or a court hearing that needs local practice knowledge, Sunset connects families with a vetted Illinois probate attorney serving Vermilion County.
Sunset is free for families. Sunset is paid by partners, not by grieving families. Families can use Sunset's estate settlement tools to get organized before deciding whether to file on their own or work with counsel.
Frequently asked questions
Where do I file for probate in Vermilion County?
File with the Vermilion County Circuit Clerk at the Rita B. Garman Vermilion County Courthouse, 7 North Vermilion Street, 1st Floor, Danville, IL 61832. 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).
Is there a probate phone number for the Vermilion County Circuit Clerk?
Yes. The probate line is (217) 554-7717. The general Circuit Clerk line is (217) 554-7700, and the records and searches line is (217) 554-7734.
Do I have to e-file a Vermilion County probate case?
Yes. Illinois Supreme Court Rule 9 requires e-filing in civil cases, including probate, and applies to filers with and without a lawyer. If you cannot e-file, you may file the Supreme Court's Certification for Exemption From E-filing under Rule 9(d). An original will is different: it may not be e-filed and must be delivered or mailed to the Circuit Clerk under Rule 9(c)(1).
What do I do with the original will in Vermilion County?
Deliver or mail the original will to the Vermilion County Circuit Clerk, 7 North Vermilion Street, 1st Floor, Danville, IL 61832. A person holding the will must file it with the proper Circuit Clerk immediately after death (755 ILCS 5/6-1).
How much does it cost to open an estate in Vermilion County?
The county's filing fee schedule lists $367.00 to open a decedent's estate, as published on the county's filing fee schedule dated May 29, 2020. Confirm the current amount with the Vermilion County Circuit Clerk before filing.
Can I appear remotely in a Vermilion County probate case?
Vermilion County has a written Zoom remote-proceedings protocol. After eligibility is addressed, remote settings are arranged through the Court Administrator's Office at (217) 554-7830 or the Circuit Clerk at (217) 554-7700. The Notice of Remote Proceeding must be filed with the Circuit Clerk at least 72 hours before the hearing. Confirm whether your specific probate hearing may be handled remotely before relying on Zoom.
Are there local probate forms in Vermilion County?
Yes. The Circuit Clerk publishes a Probate Division forms page with an entry of appearance, estate claim, notice of hearing, oath and bond, and a small estate affidavit. The county does not publish a petition to admit a will and issue letters of office under 755 ILCS 5, and Illinois has no statewide standardized decedent-estate form set.
How do I look up a Vermilion County probate case?
Use the Vermilion County Online Case Search linked from the Circuit Clerk's Case Search page. Vermilion County is not on judici. If you do not find the estate in the county portal, send a record search request to [email protected] or call the records line at (217) 554-7734.
Do I have to travel to Danville?
Many steps can be handled by e-filing, mail and remote hearing procedures, especially for an out-of-county family member. The original will still has to reach the Circuit Clerk physically by delivery or mail, and the judge may require an in-person hearing for a particular matter.
Is the Circuit Clerk the same office as the County Clerk or Recorder?
No. Probate filings go to the Vermilion County Circuit Clerk at the courthouse. The County Clerk handles vital records and elections, and the Recorder records deeds at a different office. A deed connected with estate real estate is recorded with the Recorder after the probate authority exists, but probate papers are filed with the Circuit Clerk.
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.