Illinois · 2nd Judicial Circuit of Illinois
Hamilton County Circuit Court Guide
Circuit Court information · Updated July 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate Actions
The first days
First: Get Death Certificates
Required for everythingIllinois Department of Public Health, Division of Vital Records
Certified Illinois death certificates are issued by the IDPH Division of Vital Records and by the county clerk of the county where the death occurred. For a death in Hamilton County, the Hamilton County Clerk's office and IDPH can both issue certified copies; the county clerk where the death occurred is often faster for recent deaths. IDPH orders can be placed by mail, in person, or online through its listed vendors. A certified death certificate is needed to open probate, use the small estate affidavit, and transfer many assets; order several copies.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Required by Law
Legal duties
Deposit the Will
Immediately upon the testator's death, anyone holding the will must file it with the Clerk of the Circuit Court of the proper county (755 ILCS 5/6-1(a)); Illinois states the duty as immediate rather than as a fixed day count, so 0 is used here as a no-fixed-deadline sentinel, and the court can compel production. Wilfully altering or destroying the will, or wilfully secreting it for 30 days after learning of the death, is punishable on conviction as in cases of theft of property classified as a Class 3 felony (755 ILCS 5/6-1(b)). A named executor must petition for probate or decline within 30 days of learning of the nomination (755 ILCS 5/6-3). Filing the will does not by itself open a probate case. Verify timing and procedure with the clerk. (755 ILCS 5/6-1)
Creditor claim window
Creditors generally have 6 months from first publication of the claim notice to bring claims against the estate. (755 ILCS 5/18-3; 755 ILCS 5/18-12)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Illinois small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
A notarized small estate affidavit collects and distributes a decedent's personal property without opening probate and without any court filing. For deaths on or after August 15, 2025, the personal estate other than motor vehicles registered with the Illinois Secretary of State must not exceed $150,000 (registered vehicles can transfer with the affidavit in addition to that amount) under P.A. 104-346; for deaths before August 15, 2025, the prior limit of $100,000 in gross personal estate applies with no vehicle exclusion. No letters of office may be outstanding or contemplated, there is no waiting period, the affidavit cannot transfer real estate, and the affiant must pay valid claims by statutory class before distributing. Present the affidavit directly to the bank or holder of the asset.
- Qualifies:
- $150,000
A court-ordered shortcut when the gross value of the real and personal estate subject to administration in Illinois does not exceed $100,000, every heir and legatee consents in writing, claims and death taxes are paid or provided for, distributees post refund bonds, and notice is published once a week for 3 successive weeks with the hearing at least 30 days after first publication. This $100,000 limit is separate from the small estate affidavit limit and still counts real estate and vehicles. The standard probate filing fee applies. Verify eligibility with the Circuit Clerk.
- Qualifies:
- $100,000
Documents you'll need:
- Certified Death Certificate
- Original Will
- Published Claim Notice to Creditors
The executor (with a will) or administrator (without a will) receives letters of office from the Circuit Court. Most Illinois estates use independent administration under 755 ILCS 5/Art. XXVIII, which lets the representative act without court approval for most steps and close with a verified report; supervised administration requires court approval of major steps. The representative publishes a claim notice, prepares a verified inventory within 60 days after letters issue (755 ILCS 5/14-1), pays claims by statutory class, and distributes. Verify bond, surety, original-will, and notice requirements with the court.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Certified Death Certificate
- Original Will
- Petition for Probate of Will and for Letters Testamentary (or Petition for Letters of Administration)
- Oath and Bond of Representative
- Notice to Heirs and Legatees
- Published Claim Notice to Creditors
- Inventory
- Accounting or Independent Administration Closing Report
File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Second Judicial Circuit Legal Self-Help Centers can help you understand forms and filing requirements at no cost.
Visit Self-Help CenterOther Topics That May Apply
Property & Real Estate
Property transfer after death, recording
Hamilton County Clerk and Recorder
WebsiteVehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
McLeansboro DMV - Illinois Secretary of State
- Phone:
- 618-643-3768
- Address:
- 1105 E. Randolph St. 101, McLeansboro, IL 62859
- Hours:
- Mon-Fri 7:30am-5:00pm; Sat-Sun closed
Transfer scenarios
Transfer-on-Death (TOD) Beneficiary Designation
Documents needed:
- Beneficiary Claim Form (VSD 774), completed and signed by the named beneficiary
- The decedent's Illinois certificate of title, or the VSD 774 checkbox plus documentation such as a Secretary of State title screen print if the title cannot be surrendered
- Certified copy of the owner's death certificate
- Application for Vehicle Transaction(s) (VSD 190) in the beneficiary's name
- $165 title fee, plus registration fees only if the beneficiary requests license plates (the beneficiary has no rights to the deceased owner's registration)
- Appropriate tax form with any payment made payable to the Illinois Department of Revenue
- Affirmation of Correction (VSD 393) if the beneficiary's name on the title does not match the beneficiary's identification
During life, the owner files VSD 773 with the Secretary of State to add, change, or remove the beneficiary on the title. After the owner's death, the beneficiary submits VSD 774 with the title or title evidence, a certified death certificate copy, a completed VSD 190, the title fee, and the tax form at a Secretary of State DMV facility. The Secretary of State issues a new title to the beneficiary.
Joint Ownership - Surviving Owner
Documents needed:
- Copy of the death certificate or abstract
- The original jointly titled certificate, surrendered but not assigned
- Application for Vehicle Transaction(s) (VSD 190) marked Corrected, with the current odometer reading, to remove the decedent's name
- $15 title fee (Special Corrected Certificate of Title), plus a $3 corrected registration fee if the survivor will operate the vehicle on the existing registration
The surviving joint owner submits the death certificate copy, the surrendered joint title, and a VSD 190 marked Corrected at a Secretary of State DMV facility or by mail, within 120 days of the death. If the survivor is instead selling the vehicle, the survivor assigns the title to the buyer, and the buyer applies with a VSD 190, the $165 title fee, and RUT-50 tax compliance.
Surviving Spouse Transfer
Documents needed:
- Proof of the owner's death (certified death certificate copy or abstract)
- Proof of the transfer or acquisition of ownership, such as a Small Estate Affidavit (RT OPR 31), letters of office, or other Probate Act documentation showing the spouse takes the vehicle
- Proof of the marital relationship between the owner and the spouse (the death certificate if it shows the relationship, or a marriage record; if the death certificate does not show the relationship, a statement signed by the surviving spouse)
- The last certificate of title, if available
- Application for Vehicle Transaction(s) (VSD 190)
- $15 title fee (Special Corrected Certificate of Title) when the decedent spouse was the sole owner on the title; applicable taxes if any (RUT-50)
- $3 for a corrected registration ID card to keep the plates on the same vehicle, or $25 to transfer the plates to a different vehicle
The surviving spouse submits the proof of death, proof of ownership transfer, proof of the marital relationship, the title if available, and a completed VSD 190 with the fee at a Secretary of State DMV facility or by mail, within 180 days after the owner's death.
Small Estate Affidavit (No Probate)
Documents needed:
- Small Estate Affidavit (Secretary of State form RT OPR 31) describing the vehicle year, make, and VIN; attach a certified copy of the will if there is a will
- The decedent's certificate of title (it does not need to be assigned)
- Copy of the death certificate or abstract
- Application for Vehicle Transaction(s) (VSD 190) with the current odometer reading
- $165 title fee plus any applicable registration fees, payable to the Secretary of State
- Proof of compliance with the Vehicle Use Tax (RUT-50), with any tax payable to the Illinois Department of Revenue but submitted to the Secretary of State
The affiant completes RT OPR 31, listing the vehicle and attaching the death certificate copy, then submits it with the decedent's title, a completed VSD 190, the title fee, and the RUT-50 at a Secretary of State DMV facility or by mail. Under 625 ILCS 5/3-114(b), the transferee should apply within 120 days, and the transfer may be made to the transferee or the transferee's nominee.
Attorney's Affidavit (No Probate, Small Estate Not Applicable)
Documents needed:
- Attorney's Affidavit on the attorney's letterhead stating the decedent's name and last address, the date of death, the vehicle year, make, and VIN, to whom the vehicle is being transferred and the relationship to the decedent, and any other pertinent facts
- Copy of the death certificate or abstract
- The decedent's certificate of title
- Application for Vehicle Transaction(s) (VSD 190) with the current odometer reading
- $165 title fee plus any applicable registration fees, payable to the Secretary of State
- Proof of compliance with the Vehicle Use Tax (RUT-50), with any tax payable to the Illinois Department of Revenue but submitted to the Secretary of State
An attorney prepares the affidavit on letterhead. The transferee submits the affidavit, the death certificate copy, the decedent's title, a completed VSD 190, the title fee, and the RUT-50 at a Secretary of State DMV facility or by mail. The Secretary of State issues the new title to the legatee, representative, or heir.
Probated Estate - Transfer with Letters of Office
Documents needed:
- Certified copy of the letters of office (letters of administration or letters testamentary) showing the name of the estate's legal representative
- The decedent's certificate of title, assigned by the legal representative to the transferee or buyer
- Application for Vehicle Transaction(s) (VSD 190) with the current odometer reading
- $165 title fee plus any applicable registration fees, payable to the Secretary of State ($15 Special Corrected Certificate of Title applies instead when the change is removing a deceased co-owner's name)
- Proof of compliance with the Vehicle Use Tax (RUT-50), with any tax payable to the Illinois Department of Revenue but submitted to the Secretary of State
Probate is opened in the circuit court of the county where the decedent resided, and the court issues letters of office. The representative assigns the title, and the transferee submits the assigned title, certified letters, a completed VSD 190, the title fee, and the RUT-50 at a Secretary of State DMV facility or by mail before the estate is closed. If the title is lost, a signed statement about the lost title from the executor accompanies the application instead of a duplicate title.
Forms
- Application for Vehicle Transaction(s)(VSD 190)(Not published as a downloadable blank PDF. Complete and print it through the Electronic Registration and Title (ERT) system at the linked page, pick it up at any Secretary of State DMV facility, or request it by phone at 800-252-8980.)
- Small Estate Affidavit (Deaths after December 31, 2014)(RT OPR 31)(Describe the vehicle year, make, and VIN on the form. Attach a certified copy of the will if there is a will. Presented directly to the Secretary of State; no court filing is required.)
- Beneficiary Affidavit(VSD 773)(Sole individual owners only; one beneficiary; not available with a lienholder, lessor, or joint tenancy ownership.)
- Beneficiary Claim Form(VSD 774)(Submit with the title or title evidence, a certified death certificate copy, a completed VSD 190, the title fee, and the appropriate tax form. Use VSD 775 (Beneficiary Affidavit - Unable to Locate) if the beneficiary cannot be located.)
- Affirmation of Correction(VSD 393)
- Private Party Vehicle Tax Transaction(RUT-50)(A controlled Illinois Department of Revenue form available at Secretary of State DMV facilities; it is not published for download. Corrected and duplicate title transactions do not require a use tax return. Tax questions: 800-732-8866.)
Fees
Dollar amounts confirmed 2026-07-18 against the ILSOS Vehicle Services fee chart (basicfees.html) and 625 ILCS 5/3-821; the two official sources agree. Duplicate or corrected title: $50. Expedited title service: $30 in addition to other fees. No separate lien recording fee appears in the 3-821 title fee schedule, so lien_recording is null; a title with a recorded lien mails to the lienholder.
Small-estate vehicle transfer
Illinois allows a decedent's personal property, including motor vehicles, to be collected and transferred without probate using the Small Estate Affidavit under 755 ILCS 5/25-1 when no letters of office are outstanding or pending. For vehicles, the Secretary of State furnishes its own affidavit form (RT OPR 31) and retitles the vehicle directly under 625 ILCS 5/3-114(b); no court filing is required, and the affiant does not have to be an heir or legatee.
Threshold: $150,000
For deaths on or after 2025-08-15, the $150,000 limit applies to the personal estate EXCLUDING motor vehicles registered with the Secretary of State, and an affidavit used solely for a Secretary of State title transaction transfers the decedent's vehicles without considering the value of the rest of the personal estate (755 ILCS 5/25-1(a-5)). For deaths before 2025-08-15, the prior $100,000 gross personal estate limit applies (755 ILCS 5/25-1(j) applicability rule); the ILSOS Corrected Title - Deceased web page still shows that older $100,000 figure. There is no statutory waiting period, but no letters of office may be outstanding, contemplated, or pending, and known debts in the statutory claim classes must be handled by the affiant. Under 625 ILCS 5/3-114(b) the transferee applies within 120 days, and the transfer may be made to the transferee or the transferee's nominee. The affidavit route also requires the $165 title fee, a completed VSD 190, and RUT-50 tax compliance.
Lost or duplicate title
If the original Illinois certificate of title is lost, stolen, or mutilated. During a deceased-owner transfer a duplicate is usually NOT needed: a signed statement or affidavit describing the lost title (included in the Small Estate Affidavit or Attorney's Affidavit, or an executor's statement in a probated estate) substitutes for the surrendered title.
Submit the completed VSD 190 with the $50 fee and any supporting documentation to the Secretary of State: by mail to the Office of the Secretary of State, Vehicle Records Processing Division, 501 South Second Street, Room 424, Springfield, IL 62756-6666, or in person at a Secretary of State DMV facility. Some DMVs offer Expedited Title Service for an additional $30. To protect against fraud, duplicate titles are not issued within 15 days of the issuance of an original title or within 30 days of the issuance of a prior duplicate.
Fee: $50
If a lien is recorded, Illinois mails the title to the lienholder, so include the lienholder's complete name and address on the application. To remove a lienholder, submit a lien clearance letter, the lien contract marked paid in full, or a court order directing the Secretary of State to issue the title without the lien.
Helpful resources
- ILSOS - Corrected Title, Deceased (deceased-owner transfer guide)
Official Illinois Secretary of State page covering every deceased-owner title path: probated estates, the Small Estate Affidavit, the Attorney's Affidavit, joint ownership, and lost titles.
- ILSOS Form RT OPR 31 - Small Estate Affidavit
Secretary of State small estate affidavit used to transfer a decedent's vehicle without probate under 755 ILCS 5/25-1.
- ILSOS Form VSD 773 - Beneficiary Affidavit
Adds, changes, or removes a transfer-on-death beneficiary on an Illinois vehicle title.
- ILSOS Form VSD 774 - Beneficiary Claim Form
Used by the named transfer-on-death beneficiary to claim the vehicle title after the owner's death.
- ILSOS - Electronic Registration and Title (VSD 190)
Complete and print the Application for Vehicle Transaction(s) (VSD 190) online, with the list of supplemental deceased-owner documents the ERT system accepts.
- ILSOS - Vehicle Services Fees
Official fee chart: $165 original title, $50 duplicate or corrected title, plate and sticker fees.
- ILSOS - Duplicate Titles
How to replace a lost, stolen, or mutilated Illinois title with VSD 190 and the $50 fee.
- ILSOS - DMV Facility Finder
Official locator for Secretary of State DMV facilities, filterable by title services, with addresses, phones, and hours.
- 625 ILCS 5/3-114 - Transfer by operation of law
The Illinois Vehicle Code section governing deceased-owner transfers: small estate, representative, joint tenant, spouse, and attorney's affidavit paths with their deadlines.
- 755 ILCS 5/25-1 - Small estate affidavit
The Probate Act small estate affidavit statute: the $150,000 limit excluding registered vehicles and the vehicle-only transfer rule.
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
Vehicle sources (17)
- https://www.ilsos.gov/departments/vehicles/title-and-registration/corrected-deceased.html
- https://www.ilsos.gov/departments/vehicles/title-and-registration/corrected.html
- https://www.ilsos.gov/departments/vehicles/basicfees.html
- https://www.ilsos.gov/departments/vehicles/title-and-registration/duplicate-titles.html
- https://www.ilsos.gov/departments/vehicles/title-and-registration/pert.html
- https://www.ilsos.gov/departments/vehicles/title-and-registration/transferring.html
- https://www.ilsos.gov/departments/vehicles/title-and-registration/exptitle.html
- https://www.ilsos.gov/departments/vehicles/title-and-registration/faq.html
- https://www.ilsos.gov/content/dam/publications/pdf_publications/rtopr31.pdf
- https://www.ilsos.gov/content/dam/publications/pdf_publications/vsd773.pdf
- https://www.ilsos.gov/content/dam/publications/pdf_publications/vsd774.pdf
- https://www.ilga.gov/documents/legislation/ilcs/documents/062500050K3-104.htm
- https://www.ilga.gov/documents/legislation/ilcs/documents/062500050K3-107.htm
- https://www.ilga.gov/documents/legislation/ilcs/documents/062500050K3-114.htm
- https://www.ilga.gov/documents/legislation/ilcs/documents/062500050K3-821.htm
- https://www.ilga.gov/documents/legislation/ilcs/documents/075500050K25-1.htm
- https://apps.ilsos.gov/facilityfinder/facility
Sources for this page (13)
The facts above come from these official sources. Verify current details with the office before filing.
- illinoiscourts.govhttps://www.illinoiscourts.gov/courts/Circuit-Court/circuit-court-clerks/illinois-circuit-court-clerks-by-district-and-circuit
- circuitclerk.hamiltoncountyil.govhttps://www.circuitclerk.hamiltoncountyil.gov/
- illinoissecondcircuit.infohttps://illinoissecondcircuit.info/
- researchil.tylerhost.nethttps://researchil.tylerhost.net/CourtRecordsSearch/Home
- efile.illinoiscourts.govhttps://efile.illinoiscourts.gov/
- illinoiscourts.govhttps://www.illinoiscourts.gov/documents-and-forms/approved-forms/
- ilga.govhttps://www.ilga.gov/Legislation/ILCS/Fulltext?DocName=075500050K25-1
- ilga.govhttps://www.ilga.gov/Legislation/ILCS/Fulltext?DocName=075500050K9-8
- ilga.govhttps://www.ilga.gov/Legislation/ILCS/Fulltext?DocName=075500050K18-3
- ilga.govhttps://www.ilga.gov/Legislation/ILCS/Fulltext?DocName=075500050K6-1
- ilga.govhttps://www.ilga.gov/Legislation/ILCS/Fulltext?DocName=070501050K27.1b
- ilga.govhttps://www.ilga.gov/Legislation/ILCS/Fulltext?DocName=070501050K27.3f
- hamiltoncountyil.govhttps://www.hamiltoncountyil.gov/
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in IllinoisFrequently Asked Questions
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Verified against Hamilton County Circuit Court on July 18, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Illinois can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.