The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Illinois with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Illinois reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Illinois probate pages.
Illinois probate fees
| Item | Illinois |
|---|---|
| Court filing fee | 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. |
| 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. |
| Fee basis | reasonable |
| Appraisal / 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. |
Worked example
Because Illinois uses a "reasonable" standard rather than a percentage, executor fees vary widely. For a straightforward $500,000 estate, reasonable compensation often lands in the low five figures — but it depends entirely on the work and is subject to court review.
Illinois thresholds and deadlines
| Item | Illinois |
|---|---|
| Small-estate threshold | 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. |
| Creditor claim period | Six months from first publication of notice to creditors, under 755 ILCS 5/18-3. Final distribution generally cannot occur until this period runs. |
| Typical duration | 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. |
| Simplified real-property transfer | 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. |
| Transfer-on-death deed | Illinois allows a Transfer on Death Instrument (TODI) for residential real estate under the Illinois Residential Real Property Transfer on Death Instrument Act, 755 ILCS 27. Owners can record a TODI naming a beneficiary; the property passes to the beneficiary at death without probate. |
What passes outside Illinois probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Illinois allows a Transfer on Death Instrument (TODI) for residential real estate under the Illinois Residential Real Property Transfer on Death Instrument Act, 755 ILCS 27. Owners can record a TODI naming a beneficiary; the property passes to the beneficiary at death without probate.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: 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)
- State authority: Illinois Courts (illinoiscourts.gov)
- Attorney fees: https://www.isba.org/ethics/opinions/1301
- Executor fees: https://law.justia.com/codes/illinois/chapter-755/act-755-ilcs-5/article-xxvii/
- Small-estate procedure: https://www.faegredrinker.com/en/insights/publications/2025/9/illinois-amends-the-probate-act-with-key-changes-to-small-estate-affidavit
- Statutes: https://law.justia.com/codes/illinois/chapter-755/act-755-ilcs-5/
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Illinois court before relying on it.
The full Illinois guides
- How Much Does Probate Cost in Illinois? — the full cost breakdown.
- How Much Does an Executor Get Paid in Illinois? — the fee rule in detail.
- How Long Does Probate Take in Illinois? — the timeline and its statutory floor.
- Executor Deadlines in Illinois — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Illinois — the transfers that pass outside it.
- How Much Does a Will Cost in Illinois? — execution requirements and pricing.
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This sheet sets out Illinois probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Illinois courts or a licensed Illinois attorney.