How much does probate cost in Illinois?

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

No Illinois figure is stated in this field. The governing provision is 755 ILCS 5/27-1. The figure previously stated here was never verified against a statute or an independent publisher: its only source was a commercial reproduction of the code, and Illinois law cannot be read at a primary source from the environment this page was checked in. It is recorded in data/withdrawn-figures.json as il-executor-fee-rule, so it cannot return to any page without failing the build.

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.

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

We found no published source for how long probate takes in Illinois as of September 2026. No Illinois court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A claim is barred unless it is filed on or before the date stated in the notice to creditors. Under 755 ILCS 5/18-3(a) that date must be not less than 6 months from the date of first publication and not less than 3 months from the date of mailing or delivery to a known or reasonably ascertainable creditor, whichever is later, so the mailed branch runs alongside the published one and the later of the two governs. Under 755 ILCS 5/18-12(b) every claim that could be barred is barred 2 years after the decedent's death whether or not letters of office were issued, and because that subsection applies unless the claim is sooner barred under subsection (a), a claim already barred stays barred. 755 ILCS 5/18-12(c) leaves actions to establish the decedent's liability untouched to the extent the estate is protected by liability insurance.

Creditor claim period

A claim is barred unless it is filed on or before the date stated in the notice to creditors. Under 755 ILCS 5/18-3(a) that date must be not less than 6 months from the date of first publication and not less than 3 months from the date of mailing or delivery to a known or reasonably ascertainable creditor, whichever is later, so the mailed branch runs alongside the published one and the later of the two governs. Under 755 ILCS 5/18-12(b) every claim that could be barred is barred 2 years after the decedent's death whether or not letters of office were issued, and because that subsection applies unless the claim is sooner barred under subsection (a), a claim already barred stays barred. 755 ILCS 5/18-12(c) leaves actions to establish the decedent's liability untouched to the extent the estate is protected by liability insurance. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. The Illinois small-estate affidavit is governed by 755 ILCS 5/25-1. No dollar threshold is stated on this page, because the threshold has not been read at the primary source: ilga.gov, the only official publisher of the Illinois Compiled Statutes, cannot be reached from the environment this page was checked in — the host does not complete a TLS handshake whose certificate chain can be verified, and verification is not disabled to get round that. The threshold previously stated here, and the date it was said to have changed, came from a law firm’s client publication. A law firm’s article is neither the statute nor an independent publisher, so the figures were withdrawn rather than restated or widened into a range. They are recorded in data/withdrawn-figures.json as il-small-estate-threshold, so they cannot return to any page without failing the build. The structural conditions previously listed here came from the same source and are likewise not stated.
• 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.
• 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.
• 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.

Whether representation is required in Illinois

Illinois does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Illinois is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Illinois’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Illinois

How much does probate cost in Illinois?

Illinois has no statutory fee schedule for probate — both attorney and executor fees must be 'reasonable' under 755 ILCS 5/27-1 and 5/27-2, typically billed hourly or as a court-approved percentage. Most Illinois estates over the small-estate threshold use Independent Administration under 755 ILCS 5/28-1, which lets the executor administer the estate with minimal court supervision. No named, dated source for how long an Illinois independent administration takes in practice is cited here. Estates under the 755 ILCS 5/25-1 threshold can use a Small Estate Affidavit instead of probate; no figure for that threshold is stated here, because ilga.gov could not be read from this environment and the figure previously shown came from a law firm’s client publication (withdrawn as il-small-estate-threshold).

What is the small-estate limit in Illinois?

The Illinois small-estate affidavit is governed by 755 ILCS 5/25-1. No dollar threshold is stated on this page, because the threshold has not been read at the primary source: ilga.gov, the only official publisher of the Illinois Compiled Statutes, cannot be reached from the environment this page was checked in — the host does not complete a TLS handshake whose certificate chain can be verified, and verification is not disabled to get round that. The threshold previously stated here, and the date it was said to have changed, came from a law firm’s client publication. A law firm’s article is neither the statute nor an independent publisher, so the figures were withdrawn rather than restated or widened into a range. They are recorded in data/withdrawn-figures.json as il-small-estate-threshold, so they cannot return to any page without failing the build. The structural conditions previously listed here came from the same source and are likewise not stated.

Who pays the probate costs in Illinois?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Illinois?

Illinois provides for Independent Administration. The transfers that pass property outside probate are a transfer on death instrument (TODI) for residential real estate, beneficiary designations, and property titled into a trust; the Small Estate Affidavit route and its threshold are set out in this row's small-estate note. The Illinois General Assembly's site is not readable from this environment, so no section is cited here as read at source.

How long does probate take in Illinois?

We found no published source for how long probate takes in Illinois as of September 2026. No Illinois court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A claim is barred unless it is filed on or before the date stated in the notice to creditors. Under 755 ILCS 5/18-3(a) that date must be not less than 6 months from the date of first publication and not less than 3 months from the date of mailing or delivery to a known or reasonably ascertainable creditor, whichever is later, so the mailed branch runs alongside the published one and the later of the two governs. Under 755 ILCS 5/18-12(b) every claim that could be barred is barred 2 years after the decedent's death whether or not letters of office were issued, and because that subsection applies unless the claim is sooner barred under subsection (a), a claim already barred stays barred. 755 ILCS 5/18-12(c) leaves actions to establish the decedent's liability untouched to the extent the estate is protected by liability insurance. The deadlines that run alongside it: How Long Does Probate Take in Illinois?.

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.

• Executor Deadlines in Illinois — the statutory dates the executor works to, quoted from 755 ILCS 5/18-12(a).

• How Long Does Probate Take in Illinois? — the companion timeline guide for Illinois.

• What Happens If You Die Without a Will in Illinois? — how Illinois splits an estate when there is no will.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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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).