Educational guide — not legal advice. Laws and figures change; confirm current details with a licensed Illinois attorney before relying on them.
The short answer
Illinois does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.
Attorney fees
Attorney fees are set by 755 ILCS 5/27-2(a), which entitles the attorney for the representative to 'reasonable compensation.' There is no statutory percentage; the probate court reviews fees for reasonableness. Most Illinois probate attorneys bill hourly.
Executor / personal representative fees
Executor compensation is governed by 755 ILCS 5/27-1, which provides 'reasonable compensation' for services unless the will provides otherwise. There is no fixed schedule. Practical fees often fall in the 1–5% range of estate value depending on complexity.
What the fee is based on
Because Illinois uses a 'reasonable fee' standard rather than a percentage-of-estate statute, total cost depends heavily on the attorney's hourly rate, complexity of assets, and whether administration is independent or supervised. Independent administration under 755 ILCS 5/28-1 substantially reduces attorney time and therefore cost.
Court filing fees
Court filing fees vary by county. Cook County charges approximately $479 to open a decedent's estate. Collar and downstate counties typically range from $250–$350. Additional costs: publication of notice to creditors ($150–$400), certified letters of office, and any required bond premium.
Appraisal / probate referee
Illinois does not use a state-appointed probate referee or appraiser. Under 755 ILCS 5/14-1, the representative files a verified inventory within 60 days of issuance of letters and may appraise property themselves or hire competent, disinterested appraisers at the estate's expense.
How long probate takes in Illinois
A routine Illinois estate administered independently typically closes in 9 to 12 months, because final distribution generally cannot occur until the 6-month creditor claims period under 755 ILCS 5/18-3 has run. Supervised administration usually runs 12–18 months. Contested estates can take 18–36 months or longer. Contested estates, missing heirs, or real estate sales can extend that.
How to skip full probate (or shrink the bill)
- Small-estate procedure. Under 755 ILCS 5/25-1, an estate qualifies for a Small Estate Affidavit if the gross personal estate does not exceed $150,000 (raised from $100,000 effective August 15, 2025). The estate cannot contain Illinois real estate, and no letters of office can be outstanding. Vehicles registered with the Illinois Secretary of State can be transferred separately.
- Real-property shortcut. Illinois has no general simplified procedure for transferring real estate at death outside of probate, but does recognize Transfer on Death Instruments (TODI) for residential real estate under 755 ILCS 27 — these avoid probate if executed before death.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Do you need a lawyer?
For most Illinois estates that go through full probate, yes — the court process has formal requirements and missed deadlines can cost more than the legal fees they were meant to avoid. For genuinely simple estates, or where a small-estate procedure applies, many families handle it themselves or use a legal document preparer for a flat fee.
The honest takeaway
The cheapest probate cost is the one you avoid in advance — by titling assets correctly, keeping beneficiary designations current, and, where it makes sense, using a living trust. If your estate is likely to exceed Illinois’s small-estate thresholds, it’s worth talking to a licensed Illinois estate attorney while you still have the option to plan.
Related reading
- What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
- How to Avoid Probate in Illinois — the state-specific avoidance playbook.
- How Long Does Probate Take in Illinois? — the companion timeline guide for Illinois.
- Will vs. Trust: Which Do You Need? — for Illinois residents weighing whether a trust is worth it.
- Estate Planning Checklist: Everything in One Place — the documents and decisions that make probate easier (or unnecessary).
This page explains Illinois probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Illinois courts or a licensed Illinois attorney. Sources: 755 ILCS 5/25-1, 755 ILCS 5/27-1, 755 ILCS 5/27-2, 755 ILCS 5/28-1, 755 ILCS 5/14-1, 755 ILCS 5/18-3, 755 ILCS 27 (Residential Real Property TOD Instrument Act).