How Much Does Probate Cost in Illinois?

Understanding how much probate costs in Illinois is an important step for anyone managing a loved one’s estate. The probate process is the court-supervised process of transferring a person’s assets after death and settling any remaining debts. Although it sometimes gets a bad reputation for being slow or expensive, the reality is that most probate cases in Illinois are manageable – especially when you know what to expect. In this guide, we’ll cover:

• When probate is required (and how to tell if you can avoid it)
• A breakdown of common costs, including court fees, legal fees, and other professional expenses
• Who pays for probate, and when fees must be advanced
• Tips for minimizing costs and delays

So, how much does probate cost in Illinois? The answer depends on whether the estate qualifies for a simplified process or requires full court proceedings. Let’s begin by looking at when probate is actually necessary – because in many situations, it may not be required at all.

When Is Probate Required in Illinois?

Not every estate in Illinois needs to go through probate. In fact, many smaller estates can be settled outside of court using a streamlined process. Whether or not probate is required depends largely on the type and value of the assets left behind and whether there are any disputes among heirs or creditors.

When Probate Is Not Required

If the estate meets certain criteria, it may qualify for a simplified process using an Illinois Small Estate Affidavit. This document allows heirs to collect and transfer assets without opening a probate case. To use it, the following conditions must be met:

• The total value of personal property is less than $100,000
• The estate includes no real estate
• No other probate case has been filed for the decedent
• No disputes exist regarding the will or the identity of heirs

When these requirements are satisfied, families can often avoid probate entirely — saving both time and money.

When Probate Is Required

If the estate includes real property (like a house) or has assets over $100,000 in value, probate will likely be necessary. Probate may also be required if:

• The will is contested or unclear
• Heirship is disputed
• There are multiple creditors with claims against the estate
• There is no clear heir or executor

When probate is required, the court will appoint a personal representative (executor or administrator) to manage the estate, pay debts, and distribute assets under court supervision. In any of these situations, families need to be prepared for how much probate costs in Illinois, including court fees, legal fees, and administrative expenses.

Why Legal Advice Matters

Even if an estate appears to qualify for the Illinois Small Estate Affidavit, it’s wise to speak with an attorney before proceeding. While formal probate in Illinois always requires a lawyer, small estate cases do not — but that doesn’t mean legal advice should be skipped. There are often strategic reasons to pursue full probate, such as clearing title to assets, addressing creditor claims, or limiting liability for the executor or administrator. A qualified probate attorney can help you decide the best path forward based on your situation.

To learn more about how Illinois law determines whether probate is necessary, you can read our full article: When Is Probate Required in Illinois?

Using the Small Estate Affidavit: A Cheaper Alternative

If the estate qualifies, the Illinois Small Estate Affidavit offers a faster and far less expensive alternative to formal probate. This process allows heirs to collect and transfer assets without going to court, saving both time and money in many straightforward cases.

Who Can Use the Small Estate Affidavit?

To use the affidavit, the estate must meet all of the following conditions:

• The total value of the personal property is under $100,000
• The estate does not include any real estate
• No other probate case has been filed for the decedent
• There are no disputes about the will or the identity of heirs

If these criteria are met, an heir or other qualified person can sign an affidavit stating that they are entitled to act on behalf of the estate. This document can then be used to collect assets like bank accounts, life insurance payouts, or unclaimed property.

How Much Does It Cost?

Because the court is not involved, the cost is significantly lower than full probate. Most people pay between $500 and $1,000 for legal advice and document preparation. This usually includes:

• Confirming the estate qualifies for the affidavit
• Drafting the affidavit and explaining how to use it
• Providing guidance on distributing the estate correctly

Although some people attempt to complete the affidavit without legal help, doing so can be risky. A mistake — like omitting an asset, naming the wrong heir, or distributing funds incorrectly — can expose the signer to personal liability. In other words, if something goes wrong, the person who signed the affidavit may be legally responsible for repaying misdirected funds. Working with a lawyer helps prevent these issues and ensures everything is done by the book.

For a more detailed explanation of how the affidavit works and who can use it, see our full article: Illinois Small Estate Affidavit

How Much Does Probate Cost in Illinois with Court Involvement?

If the estate includes real estate, is worth more than $100,000 in personal property, or involves legal disputes, the simplified Small Estate Affidavit won’t apply. In these cases, the estate must go through formal probate court – a process that involves more steps, more time, and more cost. So, how much does probate cost in Illinois when full court proceedings are necessary? It depends on several factors. Here’s a breakdown of the four main categories of cost you should expect:

1. Court costs — including filing fees, publication, and bond expenses
2. Attorney’s fees — often the most substantial expense
3. Executor or administrator fees — if the representative chooses to be compensated
4. Other professional fees — such as accountants, appraisers, or real estate agents

1. Court Costs

Filing Fees

In Cook County, the filing fee for opening a probate estate is $479.00. This fee is due at the time the petition is filed. Filing fees may differ slightly in other counties, but they are generally in the same range throughout Illinois. It’s a good idea to check with the local clerk’s office to confirm current rates.

Publication Costs

Illinois law requires that notice of the probate proceeding be published in a local newspaper to inform creditors and interested parties. In Cook County, this is usually done through the Chicago Daily Law Bulletin. The cost of publication typically runs around $250, though prices can vary depending on the newspaper and the length of the notice.

Surety Bond Costs

If the decedent died without a will, or the will does not explicitly waive the bond requirement, the court will generally require the executor or administrator to post a surety bond. In Illinois, the bond amount is usually set at 1.5 times the value of the personal estate.

The premium for the bond depends on both the amount of the bond and the credit profile of the person applying. For example: A $150,000 bond may cost between $460 and $600 in the first year.

Importantly, bond premiums are typically annual – meaning if the probate case extends beyond 12 months, the representative must pay the premium again for each additional year the bond remains active. Some bonding companies allow for multi-year payment options or renewals at a discounted rate, depending on the case’s circumstances.

To learn more about how bond requirements work and when they can be waived, see our guide on whether a bond is required in Illinois probate court.

These court-related costs are just the starting point. While they’re relatively predictable, they don’t represent the bulk of what most estates spend during probate. The next — and often largest — expense is attorney’s fees, which can vary widely depending on the complexity of the estate and the people involved.

2. Attorney’s Fees

Attorney’s fees are often the largest single expense in Illinois probate cases. For many families, this is the biggest factor in answering how much does probate cost in Illinois — especially when disputes or complex assets are involved.

While most probate lawyers charge by the hour, the total cost varies widely depending on the complexity of the estate, the presence of disputes, and the dynamics among heirs.

How Attorneys Charge

Most probate attorneys in Illinois bill hourly, with rates typically ranging from $300 to $500 per hour, depending on location and experience. Urban markets like Chicago tend to be on the higher end of that range.

Attorneys usually require an upfront retainer, often around $3,000 to $5,000, to secure payment of their fees. Flat fees are rare because probate cases often involve unpredictable challenges that make upfront quoting risky.

Why Total Fees Are Hard to Predict

While hourly rates are easy to quote, the total number of hours required can vary greatly. Many estates that seem “simple” on the surface end up being more time-intensive than expected. Some of the most common factors that influence legal fees include:

Size of the Estate

Larger estates typically require more work: identifying and collecting assets, valuing property, filing tax returns, and preparing more detailed accountings.

Complexity of Assets and Debts

A basic estate might include a home, a checking account, and a few credit card balances. Others involve closely held businesses, investment portfolios, multiple properties, or hard-to-locate creditors. The more complicated the financial picture, the more legal work is needed.

Heirship Complexity

Families today are often nontraditional. Multiple marriages, children born outside of marriage, or estranged relatives can complicate the determination of legal heirs. Even if there’s no dispute, complexity increases attorney time.

Will Contests and Heirship Disputes

If a beneficiary challenges the will or if heirship is unclear, the estate may face formal litigation. These cases involve court hearings, discovery, and potentially trial — all of which significantly increase attorney fees.

Disputed Claims

Probate doesn’t just involve asset distribution — it also involves paying debts. If someone disputes a creditor’s claim or the estate holds claims against others, those issues may require legal action or negotiated settlements, increasing costs.

Burdensome Heirs or Legatees

Some heirs demand frequent updates, question the executor’s actions, or insist on speaking with the attorney directly. While understandable, this dynamic can significantly increase the attorney’s time — and therefore the estate’s bill.

Involvement of the Executor or Administrator

The more work the executor takes on — like gathering records, communicating with heirs, and paying bills — the less the attorney needs to do. When the executor is inexperienced or unavailable, the attorney’s staff often steps in, driving up the bill.

Typical Fee Ranges

In a straightforward probate with no disputes and cooperative heirs, attorney’s fees typically range from $5,000 to $7,000. However, fees can increase substantially in more complex estates:

• Straightforward estates: $5,000–$7,000
• Moderately complex estates: $7,500–$12,000+
• Estates with litigation or contested issues: $15,000 and up

Worried about legal costs? Contact us today for a free consultation if you’re an executor or administrator. We’ll help you avoid unnecessary fees and delays.

3. Executor or Administrator Fees

In Illinois, estate representatives—whether executors (named in a will) or administrators (appointed when there is no will)—are entitled to reasonable compensation for their services. But unlike some other states, Illinois law does not provide a fixed percentage-based fee. Instead, courts evaluate fees based on the nature and amount of work performed.

How Fees Are Determined

Executor fees in Illinois are generally based on hourly rates, not a percentage of the estate. Courts apply a reasonableness standard and consider:

• Time and effort required
• Complexity of the estate
• Skill level and responsibility involved
• Outcome and efficiency

There is limited appellate guidance on exactly what constitutes a “reasonable” hourly rate. However, courts have approved executor compensation at rates up to $50 per hour, particularly when the work involved required organization, diligence, or some level of expertise.

Professional fiduciaries — such as trust companies, banks, and law firms serving as executors — often charge more than $50 per hour, especially when their services include trust administration or specialized estate oversight. These higher rates are generally accepted if the fees are disclosed, reasonable, and the services were actually rendered.

A Will Can Require Unpaid Service

Some wills contain language stating that the executor must serve without compensation. Courts will usually enforce this if the language is clear. This is most common in cases where the executor is a close family member and a primary beneficiary of the estate.

However, requiring an executor to serve without compensation can be problematic when the person named is not a significant heir. The workload involved in even a modest probate estate can be substantial, and third-party executors may decline to serve under those terms. In such situations, the family may need to petition the court to appoint a new representative or authorize reasonable fees despite the will’s language.

Best Practices for Executors

To reduce conflict and justify compensation, executors should:

• Keep a log of time spent and specific tasks performed
• Communicate early with heirs about how compensation will be handled
• Seek court approval of fees before distribution if there’s any potential for disagreement

This documentation helps ensure fairness to both the executor and the beneficiaries. If you’re unsure who qualifies as an administrator or how to get appointed, see our full guide to the Illinois probate process.

4. Other Professional Fees

In addition to attorney’s fees and court-related costs, probate estates in Illinois often incur expenses for other professionals. These costs vary depending on the nature of the estate’s assets and how they must be managed or distributed.

Common Additional Costs

Here are some of the more frequent categories of professional services:

Accountants and Tax Professionals

Most estates require at least one final income tax return (Form 1040), and in some cases, an estate income tax return (Form 1041). If the decedent owned a business or held complex investments, an accountant’s involvement is often essential. In larger estates, a tax lawyer may be brought in to address estate tax issues or structure asset transfers.

Real Estate Agents

If the estate includes real property that needs to be sold, a real estate agent’s commission becomes part of the estate’s expenses. This is typically 5% to 6% of the sale price, paid at closing. Real estate-related expenses may also include repairs, staging, utilities, and taxes while the property is on the market.

Appraisers

Assets such as real estate, collectibles, business interests, or specialized equipment often need to be formally appraised. Accurate appraisals are especially important if:

• The estate will be divided among multiple heirs
• The property may be subject to capital gains or estate taxes
• There are concerns about fairness or transparency

Appraisal fees depend on the type and complexity of the asset.

Business Consultants or Valuation Experts

If the decedent owned a business, the estate may need to maintain, manage, or sell it. This can involve retaining a business consultant, forensic accountant, or valuation expert. These professionals help assess the company’s worth and manage operations or wind-down procedures during probate.

Managing These Costs

While many of these expenses are necessary, choosing experienced and efficient professionals — and clearly communicating expectations — can help control costs. Whenever possible, the executor should seek court approval or keep beneficiaries informed before incurring substantial third-party expenses.

Who Pays — and How Much Does Probate Cost in Illinois?

One of the most common questions families have after someone passes is, “Who pays for all of this?” Fortunately, in most cases, the answer is straightforward: the estate itself pays the costs of probate. So while heirs don’t directly pay, understanding how much probate costs in Illinois helps families plan for what may be reimbursed and when.

Costs Are Paid from Estate Funds

Nearly all probate-related expenses — including court fees, legal bills, and professional services — are paid using funds from the estate before anything is distributed to heirs or beneficiaries. This means:

• No one personally inherits debt from the estate
• Costs are deducted from the estate’s assets before inheritance
• The representative is entitled to reimbursement for any payments they advance

Advance Payments and Retainers

While the estate ultimately pays for probate, some expenses must be covered upfront to begin the process. These typically include:

• The filing fee, which must be paid when the initial probate petition is submitted to the court (currently $479 in Cook County)
• The attorney’s retainer, which is often $3,000 to $4,000, depending on the complexity of the estate and the lawyer’s standard rates
• Other initial costs like publication fees or bond premiums, if required

In most cases, the executor or a family member advances these funds and is reimbursed from estate assets once a bank account is established in the name of the estate.

What Happens If the Estate Has No Cash?

Some estates are rich in assets (like real estate or investments) but lack liquid funds to cover upfront costs. In those situations, the executor may:

• Petition the court for authority to sell assets or obtain interim financing
• Work with the attorney to create a payment plan
• Advance funds personally with documentation for later reimbursement

If the estate is insolvent — meaning its debts exceed its assets — the court will pay creditors according to a strict statutory order. Heirs only receive what remains, if anything.

Need Help Navigating Probate in Illinois?

If you’re facing probate after the loss of a loved one, you don’t have to go through it alone. Whether the estate is simple or complex, an experienced attorney can:

• Clarify your duties as executor or administrator
• Help you avoid costly delays or mistakes
• Guide you through court procedures and paperwork
• Ensure that reimbursements and distributions are handled properly

Contact Brabender Law to talk through your situation and get answers to your questions. Clear, practical guidance can make a difficult time easier.