Probate Costs in Illinois

Illinois doesn’t set attorney or executor fees by statute, which cuts both ways: families can sometimes negotiate lower costs than in fee-schedule states, but there’s also no ceiling. The state’s independent administration process, used in the large majority of cases, is what keeps typical Illinois probate cheaper than its statutory-fee neighbors.

How Much Does Probate Cost in Illinois?

Neither Illinois attorney fees nor executor compensation are set by a percentage schedule. Attorneys must charge what’s “reasonable” for the work performed, and the Probate Act entitles a representative to “reasonable compensation for his services” — not a fixed percentage. In practice, attorneys commonly charge 2% to 5% of estate value or hourly rates of $200-$500, and executors who claim a fee (rather than waive it) typically take another 2% to 4%.

Because there’s no formula, ranges are wide and case-specific:

Estate Value	Typical Attorney Fee (2-5%)	Executor Fee if Claimed (2-4%)*	Rough Total Range
$300,000	$6,000-$15,000	$0-$9,000	$6,000-$24,000
$500,000	$10,000-$25,000	$0-$15,000	$10,000-$40,000
$1,000,000	$20,000-$50,000	$0-$30,000	$20,000-$80,000

*Family members serving as executor frequently waive their fee, since it’s taxable income while an inheritance generally isn’t — which is why the low end of each range often reflects reality. These figures are attorney-reported market ranges, not statutory amounts, and exclude court filing fees, publication costs, and appraisal expenses.

Illinois’ Fee System

Illinois runs on “reasonable compensation” for both attorneys and executors, evaluated case by case rather than against a published schedule. Courts weigh the estate’s size and complexity, the time actually spent, and the skill required — factors an attorney or executor typically documents through time records if a fee is later questioned.

The bigger cost driver in Illinois is usually which administration process applies. Under independent administration, the norm for most Illinois estates, the executor can pay debts, sell property, and distribute assets without seeking court approval for each step — appearing in court only to open and close the estate. Supervised administration requires court approval before nearly every major decision, which means more attorney time, more filings, and a higher bill. Supervised administration is ordered automatically on request if there’s no will, or if the will doesn’t specify independent administration and an interested party (an heir or creditor) asks for it.

Court and Filing Fees

Filing fees are set locally by each circuit clerk under the Clerks of Courts Act (705 ILCS 105) and vary by county and estate size. In Cook County, the fee to open a decedent’s estate is $479, plus separate charges for certified copies and, if required, newspaper publication ($150-$400). Downstate, Sangamon County charges roughly $277-$370 to open an estate, illustrating how the same filing can cost meaningfully less outside Cook County. Always confirm current fees with the county circuit clerk, since local fee schedules change.

How Long Probate Takes in Illinois

Under independent administration, a straightforward Illinois estate typically closes in 9 to 12 months. The main fixed delay is the mandatory six-month creditor claims period that runs from the first newspaper publication of the estate’s opening — the executor generally shouldn’t make final distributions before that window closes. Estates that involve selling real estate, resolving tax issues, or navigating disputes among heirs commonly stretch to 12-24 months, and Illinois estate tax matters requiring a state tax clearance can add another 6-18 months.

Small Estate Shortcuts

Illinois significantly expanded its small estate process in 2025. Under 755 ILCS 5/25-1, as amended by Public Act 104-0346 effective August 15, 2025, an estate consisting of $150,000 or less in personal property can be settled with a small estate affidavit instead of formal probate — up from the previous $100,000 threshold. Vehicles no longer count toward that cap at all, so a decedent’s car doesn’t push an otherwise-qualifying estate over the limit.

The small estate affidavit:

• Applies only to date-of-death values on or after August 15, 2025
• Covers personal property (bank accounts, personal belongings) but not real estate
• Lets an heir or representative collect and distribute assets directly, without a court-appointed executor

Real estate, even modest amounts, generally still requires formal probate (independent administration, in most cases) to clear title.

Illinois’ Estate Tax

Illinois is one of the states that levies its own estate tax on top of any federal liability. The Illinois exclusion amount is $4 million per person, with a graduated rate that tops out around 16%.

The critical detail is that Illinois offers no portability between spouses — unlike the federal estate tax, an unused Illinois exemption cannot transfer to a surviving spouse. If the first spouse leaves everything to the survivor (which avoids Illinois tax at the first death via the marital deduction), the couple has effectively used only one $4 million exemption instead of two by the time the second spouse dies. Married couples with combined assets approaching $4 million often use trust planning — such as a credit shelter or bypass trust — to preserve both exemptions. For how Illinois compares with other states’ estate and inheritance tax regimes, see our inheritance tax guide.

How to Reduce or Avoid Probate in Illinois

• Revocable living trust: Assets titled in a trust avoid probate entirely, along with both attorney and executor fees tied to the probate estate.
• Transfer on Death Instrument (TODI): Illinois’ Real Property Transfer on Death Instrument Act (755 ILCS 27) lets an owner record a TODI for residential real estate — a 1-4 unit property, a condo, or a small farm with a single-family home — naming a beneficiary who takes title automatically at death. It must be signed, witnessed, notarized, and recorded before death, and it’s revocable at any time.
• Beneficiary designations: Retirement accounts, life insurance, and payable-on-death bank accounts pass directly to named beneficiaries, bypassing probate regardless of what the will says.
• Joint tenancy with right of survivorship: Property passes to the surviving owner automatically, though it comes with lifetime control and tax trade-offs.

Because Illinois bills by reasonableness rather than a fixed formula, disorganized records translate directly into extra attorney hours — and a bigger bill. Keeping account numbers, deeds, and beneficiary information organized in one place, as with Eternal Vault’s document organization, can shorten the time an attorney needs to locate and verify assets. For a broader state-by-state comparison, see the complete probate guide.

This is general information, not legal advice. Costs and procedures vary by county and case; consult a licensed Illinois probate attorney for guidance specific to your situation.