Filing Last Will & Testament

When a Hancock County resident passes away, Illinois law requires anyone in possession of their original Last Will and Testament to file it with the Circuit Clerk's Office.

Key Requirements & Rules

To ensure compliance with state probate rules, please keep the following strict requirements in mind:

  • Strict Timeline

    The original Will must be filed within thirty (30) days of the individual's date of death.

  • Original Document Only

    You must submit the physical, original Will (and any additional codicils/amendments). Photocopies are not accepted.

  • No E-Filing

    Unlike other court documents, Wills cannot be filed electronically. They must be submitted in person or by mail.

  • No Pre-Death Filing

    Wills cannot be deposited or filed with the court prior to an individual's death.

  • Probate Filings

    If the estate requires probate, the original Will and the petition to probate the Will can be submitted at the same time. The Circuit Clerk’s Office will permanently retain and maintain the original Will.

Where & How to File

Bring or mail the original documents to the main Civil and Probate Division:

Hancock County Circuit Clerk’s Office
Room 8 (Second Floor)
Hancock County Courthouse
Carthage, IL 62321

Note: Please be prepared to provide the decedent's exact date of death at the time of filing.

Fees & Copy Costs

There is no fee to file an original Will with the Circuit Clerk. The Clerk will assign a file number to the Will and provide you with a Will Receipt for your records.

Purchasing Copies

If you need certified or stamped copies for banks, insurance companies, or estate administration, the following costs apply:

  • Certified Copies

    $2 for the first page, $0.50 for each page thereafter, plus a $5 certification fee per document.

  • File Stamping/Certifying Your Copies

    If you bring your own additional photocopies of the Will at the exact time of filing, the Clerk will file-stamp them for you free of charge. If you bring your own copies and only need the official court certification stamp added, it is $5.00 per certification.

(755 ILCS 5/6-1) Duty to file will – altering, destroying or secreting.)
(a) Immediately upon the death of the testator any person who has the testator’s will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will, subject to the provisions of Section 5.15 of the Secretary of State Act.