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Washington County, IL Probate Information
Quick facts
| Item | Washington County information |
|---|---|
| Court | The Circuit Court of the Twenty-fourth Judicial Circuit, Washington County, effective December 5, 2022. |
| Filing office | Washington County Circuit Clerk, 125 East Elm Street, Nashville, IL 62263. |
| Mailing | Mail probate filings that may be mailed, including an original will, to 125 East Elm Street, Nashville, IL 62263. |
| Phone | (618) 327-4800, extension 305. |
| [email protected]. | |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. No separate filing cutoff is published. |
| Probate filing fee | Washington County's probate filing line is $371.00, and the county fee page states no effective date. Confirm the current amount and date with the Circuit Clerk before filing. Circuit clerk filing fees are governed generally by 705 ILCS 105/27.1b. |
| Local probate forms | No Washington County decedent-estate forms are published. Illinois has no statewide standardized decedent-estate probate form set. |
| E-filing | E-filing is required in Illinois civil cases, including probate, for filers with and without a lawyer. 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 | Washington County uses Judici at https://www.judici.com/courts/cases/case_search.jsp?court=IL095015J. Check with the Circuit Clerk if the estate case you need does not appear online. |
| Remote appearance | The Twenty-fourth Judicial Circuit, effective December 5, 2022, allows remote appearances under Local Rule 4-4 when authorized by the assigned judge. |
| Website | https://washingtonco.illinois.gov/circuit-clerk/ |
Before you begin — know the assets and liabilities
Before you file in Washington County, identify the probate assets, debts, real estate, beneficiary designations and the original will if one exists. The filing path, fee, notice obligations and need for letters of office under 755 ILCS 5 all depend on what the decedent owned and how it was titled.
Sunset's estate settlement tools search more than 2,300 financial institutions to help families find accounts and assets before they prepare filings for the Washington County Circuit Clerk. That asset picture also helps you decide whether you need attorney help for real estate, creditor claims or heirship issues.
Which court handles jurisdiction
One filing office serves Washington County probate matters: the Washington County Circuit Clerk at 125 East Elm Street in Nashville. That office serves Nashville and the rest of Washington County for estates that belong in Washington County under Illinois venue law.
Washington County sits in the Twenty-fourth Judicial Circuit, effective December 5, 2022, with Randolph, Monroe and Perry Counties (705 ILCS 35/1). That shared circuit does not send a Washington County estate to another county's courthouse. File in Washington County when venue belongs there.
Illinois venue starts in the county where the decedent had a known place of residence. If there was no known Illinois residence, venue moves to the county with the greater part of the decedent's real estate, then to the county with the greater part of the decedent's personal estate (755 ILCS 5/5-1).
The jurisdiction process
- Locate the original will, if there is one. Anyone holding the will must file it with the Circuit Clerk immediately after death (755 ILCS 5/6-1). Because Illinois Supreme Court Rule 9(c)(1) bars e-filing an original will, deliver or mail it to the Washington County Circuit Clerk at 125 East Elm Street, Nashville, IL 62263.
- Prepare the petition and supporting materials. If the petition asks to admit a will, attach the copy required by Twenty-fourth Judicial Circuit Local Rule 11-2, effective December 5, 2022, and satisfy 755 ILCS 5/6-2. If there is no will, prepare the administration petition and heirship materials.
- E-file the petition and civil papers through eFileIL unless you qualify for an e-filing exemption under Illinois Supreme Court Rule 9(d). The original will is handled separately by mail or delivery.
- Pay the filing fee. Washington County's fee page lists the probate filing line at $371.00, with no effective date stated. Confirm the current amount and date with the Circuit Clerk before filing. Circuit clerk fees are governed generally by 705 ILCS 105/27.1b.
- Prove heirship. Under Twenty-fourth Judicial Circuit Local Rule 11-3, effective December 5, 2022, heirship may be proved by testimony in open court, by affidavit under 755 ILCS 5/5-3, or by deposition, with a proposed Order Declaring Heirship submitted alongside the affidavit.
- Ask the court to enter the order and issue letters of office. Illinois uses letters of office as the authority document under 755 ILCS 5, with letters testamentary issued for an executor under a will and letters of administration issued when administration is needed. Independent administration is granted by default under Article XXVIII unless the will forbids it or an interested person objects (755 ILCS 5/28-2).
- File the oath and any required bond before acting as representative (755 ILCS 5/12-2). A will may excuse bond or surety, but the court can still require a written bond.
- Give required notice to heirs and legatees after the order. Illinois requires notice within 14 days, with publication if an address is not stated (755 ILCS 5/6-10).
- Publish the creditor notice once a week for three successive weeks in a newspaper published in the county where the estate is administered, then file proof of publication. The claims date must be at least six months from first publication or three months from mailing or delivery, whichever is later (755 ILCS 5/18-3).
- Administer and close the estate. Gather assets, keep estate records, address claims, file inventories and accounts as required, follow Twenty-fourth Judicial Circuit Local Rule 11-8 for periodic accounting when it applies, distribute remaining property and complete the closing filings required for the estate's administration path.
Forms and documents
Probate forms in Washington County
Washington County does not publish a decedent-estate probate packet. Its court-forms page lists Civil Division, Divorce/Family Division, General Forms, Criminal/Traffic, and Passports/Travel categories, but no petition for a decedent's estate, oath, inventory, account or small-estate affidavit.
Use Illinois statewide standardized forms where they apply. For probate, the useful statewide forms are the Certification for Exemption From E-filing, the civil fee waiver application and the Appearance. Petitions for letters of office, heirship materials, inventories and accounts are drafted for the estate rather than pulled from a statewide decedent-estate form set.
The Twenty-fourth Judicial Circuit, effective December 5, 2022, adds local Rule 11 requirements. Rule 11-2 addresses copies and translations of wills, and Rule 11-3 addresses proof and declaration of heirship.
Fees
Washington County publishes a probate fee table, but the page states no effective date. Confirm the current amount and date with the Washington County Circuit Clerk before filing. Circuit clerk filing fees are governed generally by 705 ILCS 105/27.1b, but the page should not be read as assigning probate to a numbered fee schedule.
| Probate fee item | Amount and date |
|---|---|
| Probate filing | $371.00, with no effective date stated on the county fee page. |
| Guardianship | $271.00, with no effective date stated on the county fee page. |
| Each account, except one final account | $10.00, with no effective date stated on the county fee page. |
| Claim under $500 | $25.00, with no effective date stated on the county fee page. |
| Claim from $501 to $10,000 | $40.00, with no effective date stated on the county fee page. |
| Claim over $10,000 | $60.00, with no effective date stated on the county fee page. |
| Other appearance | $80.00, with no effective date stated on the county fee page. |
| Probate jury demand, 12 person | $137.50, with no effective date stated on the county fee page. |
| Probate jury demand, 6 person | $68.75, with no effective date stated on the county fee page. |
| Letters of office | $2.00, with no effective date stated on the county fee page. Letters of office are issued under the Illinois Probate Act of 1975, including 755 ILCS 5/6-8 for a will and Article IX for administration. |
| Exemplification | $12.00, with no effective date stated on the county fee page. |
Local nuance
Washington County-specific considerations
The Twenty-fourth Judicial Circuit, effective December 5, 2022, has local probate rules that apply in Washington County. Rule 11-2 requires special handling for handwritten wills and wills in a language other than English. A handwritten will needs a typewritten copy and the petitioner's affidavit that the copy is true and correct. A will in another language needs a typewritten English copy and a qualified translator's certification. Other wills filed with a petition must have a copy of the will believed to be valid attached, along with the requirements of 755 ILCS 5/6-2.
Rule 11-3 addresses heirship. On a petition to admit a will or for letters of administration, proof of heirship may be made by testimony in open court, by affidavit under 755 ILCS 5/5-3, or by deposition. A proposed Order Declaring Heirship must be submitted with the affidavit.
Rule 11-8 addresses periodic accounting. A representative must present the account and evidence of disbursements required by Section 24-1 of the Probate Act annually after the date of the first account. If an account is not filed on time, the court may direct the clerk to issue a rule to show cause.
Rule 4-4 covers remote appearances. Remote appearance depends on authorization from the assigned judge and the circuit's remote-appearance process. Confirm eligibility with the Circuit Clerk before assuming a hearing can be handled remotely.
Recent updates
| Change | What changed |
|---|---|
| Washington County moved to the Twenty-fourth Judicial Circuit, effective December 5, 2022 | 705 ILCS 35/1, as amended by Public Act 102-380, created the Twenty-fourth Judicial Circuit for Randolph, Monroe, Washington and Perry Counties. Before December 5, 2022, Washington County was part of the Twentieth Judicial Circuit with St. Clair, Randolph, Monroe and Perry. St. Clair County is now the Twentieth Judicial Circuit by itself. |
| Twenty-fourth Judicial Circuit local rules took effect December 5, 2022 | The circuit adopted Rules of Practice that include Rule 11 for probate cases and Rule 4-4 for remote appearances. These rules apply in Washington County probate matters handled in the Twenty-fourth Judicial Circuit, effective December 5, 2022. |
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Property in joint tenancy or with a beneficiary designation may pass outside the court case. Sole-name assets usually require a Washington County filing. The petition is e-filed, but the original will must be delivered or mailed to the Circuit Clerk in Nashville under Rule 9(c)(1). Washington County's fee page lists the probate filing line at $371.00, with no effective date stated, so confirm the current amount and date before filing. | Sunset helps identify accounts, title details and beneficiary designations so the spouse can see what belongs in the court estate and what may pass outside probate. |
| Out-of-state adult child with small estate | Many steps can be handled from outside Illinois through e-filing, email and calls to the Circuit Clerk. The original will still must be mailed or delivered to Nashville. The Twenty-fourth Judicial Circuit, effective December 5, 2022, allows remote appearances under Rule 4-4 when authorized by the assigned judge, and Rule 11-3 may allow heirship by affidavit under 755 ILCS 5/5-3. | Sunset helps the child organize estate settlement tasks, locate accounts, prepare questions for the clerk and decide whether local counsel is needed. |
| Parent settling predeceased child's estate, home must be sold | Selling real estate usually requires a court-appointed representative with letters of office under 755 ILCS 5. Washington County publishes no decedent-estate forms, so the petition, heirship materials, oath and inventory are drafted for the case. Creditor notice is published once a week for three weeks, and the six-month claims period runs under 755 ILCS 5/18-3. | Sunset helps find assets and liabilities, assemble the estate facts for the filing packet and connect the parent with a local probate attorney when a sale, heirship issue or creditor claim makes counsel important. |
Self-help resources
| Resource | How it helps |
|---|---|
| Washington County Circuit Clerk | The filing office for probate matters at 125 East Elm Street, Nashville, IL 62263. Phone: (618) 327-4800, extension 305. Email: [email protected]. Hours: Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Washington County Legal Self-Help Center, Nashville Public Library | Located at 219 East Elm Street, Nashville, IL 62263, phone (618) 327-3827. Offers computers, internet, online court forms and referrals. It provides legal information, not legal advice. |
| Twenty-fourth Judicial Circuit | The circuit site covers Monroe, Perry, Randolph and Washington Counties and publishes the local rules and administrative orders effective December 5, 2022, including probate Rule 11 and remote-appearance Rule 4-4. |
| Illinois Legal Aid Online, how do I settle an estate after someone dies | A statewide plain-language guide to estate settlement tasks after death. |
| Illinois Courts approved statewide standardized forms | Includes the Certification for Exemption From E-filing, civil fee waiver application and Appearance. Illinois courts must accept the approved statewide forms, but there is no statewide decedent-estate probate packet. |
| eFileIL | The statewide electronic filing system for Illinois courts, with Odyssey eFileIL available as the free filing option. |
When to hire an attorney
A lawyer is most useful in a Washington County estate when the estate includes a house or farmland that must be sold, heirs disagree, a creditor files a claim, a will contest or heirship dispute is possible, or the petition needs local Rule 11 materials drafted without a county packet. Illinois law also limits non-lawyers from representing another person's legal interests. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can build a clearer estate settlement picture before filing in Washington County.
Generate the probate packet. Washington County does not publish a decedent-estate packet, so Sunset helps organize the information needed for petitions, heirship details, asset lists and next steps for letters of office under 755 ILCS 5.
Find a local probate attorney. When a Washington County estate involves real estate, creditor claims, contested heirship or a sale, Sunset can connect the family with a vetted Illinois probate attorney.
Sunset is free for families. Sunset helps with estate settlement organization, account discovery and attorney connections without charging families to get started.
Frequently asked questions
What judicial circuit is Washington County in?
Washington County is in the Twenty-fourth Judicial Circuit, effective December 5, 2022, with Randolph, Monroe and Perry Counties. Before December 5, 2022, Washington County was in the Twentieth Judicial Circuit. St. Clair County is now the Twentieth Judicial Circuit by itself.
Where do I file probate in Washington County?
File with the Washington County Circuit Clerk at 125 East Elm Street in Nashville. Illinois venue starts with the county where the decedent had a known place of 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).
Do I have to e-file probate papers in Washington County?
Yes. E-filing is required in Illinois civil cases, including probate, for filers with and without a lawyer under Illinois Supreme Court Rule 9(a). If you cannot e-file, you may file the statewide Certification for Exemption From E-filing under Rule 9(d). The original will is different: Rule 9(c)(1) says an original will may not be e-filed, so it must be delivered or mailed to the Circuit Clerk.
How much does probate cost in Washington County?
Washington County's fee page lists the probate filing line at $371.00, and the page states no effective date. Confirm the current amount and date with the Washington County Circuit Clerk before filing. Filing fees are governed generally by 705 ILCS 105/27.1b.
How do I prove heirship in a Washington County estate?
The Twenty-fourth Judicial Circuit, effective December 5, 2022, addresses heirship in Local Rule 11-3. Proof may be made by testimony in open court, by affidavit under 755 ILCS 5/5-3, or by deposition. The representative must submit a proposed Order Declaring Heirship with the affidavit.
How do I look up a Washington County probate case?
Use Washington County's Judici case-search page at https://www.judici.com/courts/cases/case_search.jsp?court=IL095015J. If the estate case does not appear, contact the Circuit Clerk because online case coverage can be limited.
Are there local probate forms in Washington County?
No Washington County decedent-estate forms are published. Illinois also has no statewide standardized decedent-estate probate form set. The statewide forms that may still matter are the Certification for Exemption From E-filing, the civil fee waiver application and the Appearance.
Can I appear remotely in a Washington County probate matter?
Possibly. The Twenty-fourth Judicial Circuit, effective December 5, 2022, allows remote appearances under Local Rule 4-4 when the assigned judge authorizes them. Status hearings and some other proceedings may be remote on request, while evidentiary hearings, settlement conferences, and jury or bench trials are generally excluded from remote handling.
Do I have to travel to Nashville to handle a Washington County estate?
Not always. Many papers are e-filed, and remote appearance may be available if the assigned judge authorizes it. The original will still must reach the Washington County Circuit Clerk in Nashville by mail or delivery because an original will 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.