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. |
| 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 It is recorded in data/withdrawn-figures.json as il-executor-fee-rule, so it cannot return to any page without failing the build. |
| 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
Illinois uses a "reasonable" standard rather than a percentage, so the fee is set on the work performed and is subject to court review. No published source is cited here for what a reasonable fee works out to on an estate of a given size.
Illinois thresholds and deadlines
| Item | Illinois |
|---|---|
| Small-estate threshold | 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. |
| 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. |
| Statutory floor (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. |
| 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
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.
Fee sheets for other states
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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.