Illinois Probate
Cost Calculator

Illinois probate is governed by the Illinois Probate Act of 1975 (755 ILCS 5) and is administered through the Circuit Court probate divisions in each of Illinois's 102 counties. Cook County (Chicago) has a dedicated Probate Division of the Circuit Court that handles one of the highest probate volumes in the nation, with developed procedures for routine and complex estate matters.

Downstate Illinois counties process smaller caseloads and may have longer scheduling windows for hearings.

Illinois offers both supervised and independent administration. Independent administration — available when the will grants independent authority or all heirs consent — allows the executor to administer the estate without court approval at each step, reducing court costs and attorney time substantially.

Supervised administration requires court filings and orders at each major stage, increasing the total cost for attorney services and court fees. The distinction between supervised and independent administration is one of the most significant cost variables in an Illinois probate estimate.

Illinois probate costs, including both executor fees and attorney fees, are governed by a reasonable compensation standard. There is no statutory percentage schedule.

Practitioners commonly benchmark fees at approximately 2% to 4% of the gross probate estate, with Cook County complex estates at the upper end of this range. The Illinois small estate affidavit threshold is $100,000, which allows a meaningful share of Illinois estates to avoid formal probate entirely.

The typical Illinois probate timeline is 9 to 12 months, though Cook County supervised matters can extend to 18 months or more. Illinois imposes a state estate tax under 35 ILCS 405/ on estates exceeding $4 million, with a top marginal rate of 16%.

Unlike most states that couple to the federal exemption, Illinois maintains its own lower $4 million threshold — meaning estates between $4 million and the current federal exemption may owe Illinois estate tax even if no federal tax is due. Factor in the Illinois estate tax exposure when projecting total estate settlement costs for larger estates.

Illinois executor fees and attorney fees are governed by the reasonable compensation standard under 755 ILCS 5/27-1 and 5/27-2. Illinois courts assess the size of the estate, complexity of assets, time devoted, and results achieved when approving fee petitions.

Practitioners in Illinois Circuit Court probate divisions benchmark fees at approximately 2% to 4% of the gross probate estate for routine administration, with Cook County complex matters at the higher end. Court filing fees in Illinois are set by statute at the circuit court level and include the initial petition, surcharge fees based on estate value (a distinctive Illinois feature), and fees for subsequent filings.

Use our Illinois executor fee calculator to estimate personal representative compensation.

Illinois court costs include probate surcharges — fees calculated as a percentage of the total value of the probate estate and paid to the circuit court. The surcharge applies in addition to the standard petition filing fee, and the combined court costs and probate fees Illinois can be a significant component of total probate costs in Illinois for larger estates.

The distinction between supervised and independent administration has a direct impact on attorney fees: independent administration reduces court filings, eliminates approval orders at each distribution, and avoids final accounting hearings — cutting attorney time and total fees substantially compared to supervised proceedings. Estates subject to probate in Illinois should evaluate whether the will grants independent authority early in the process, as this is the single most impactful cost variable.

When you run our Illinois probate calculator, the estimated cost reflects several components. Because Illinois uses a reasonable compensation model for personal representative and attorney fees rather than a fixed percentage, our estimate is based on benchmarks from comparable estates in Illinois courts.

The actual fees awarded will depend on the complexity of your specific estate.

Beyond professional fees, your estimate includes court filing costs (which vary by county), publication of notice to creditors, surety bond premiums where required, and common administrative expenses like appraisals and certified copies. We break these out separately so you can distinguish between the fees you may be able to negotiate and the costs that are fixed by the court or third parties.

If your estimate seems higher than expected, check whether real property is driving the total. In many Illinois estates, the family home represents the largest single asset and can push fees into a higher bracket.

Transferring the home into a revocable trust before death can remove it from probate entirely — often producing the single largest cost reduction. Use our executor fee calculator to see how the personal representative compensation alone breaks down by tier.

Step 1: Determine whether formal probate is required. Illinois allows estates valued below $100,000 to use a small estate affidavit, bypassing formal probate entirely. Verify the total value of probate assets (excluding jointly held property, beneficiary-designated accounts, and trust assets).

If the estate qualifies, you may save thousands in fees and months of processing time.

Step 2: Gather essential documents. Before contacting an attorney or the Illinois probate court, collect: the original will (if one exists), death certificates (order at least 10 certified copies), recent bank and investment statements, real property deeds, vehicle titles, life insurance policies, and any trust documents. Having these ready saves billable time and speeds up the petition filing.

Step 3: Consult a Illinois probate attorney. Most Illinois probate attorneys offer an initial consultation to evaluate the estate and outline the expected process, timeline, and costs. Bring your document inventory and this cost estimate.

Ask about their fee structure, expected timeline, and whether any aspects may require extraordinary services.

Step 4: Open the probate case. The personal representative (or their attorney) files a petition with the Illinois probate court in the county where the decedent lived. This establishes jurisdiction and triggers the statutory creditor notice period.

From this point, the court supervises the estate through inventory, creditor claims, tax filings, and final distribution.

Step 5: Find a qualified probate attorney in Illinois. Your state or county bar association maintains a referral directory of attorneys who specialize in probate and estate administration. Look for attorneys with experience in your specific county court, ask about their fee structure, and confirm whether they handle both testate (with a will) and intestate (without a will) matters.

Illinois has 102 counties, each with a Circuit Court that handles probate matters. Cook County's Probate Division is one of the busiest in the nation, with a dedicated courthouse, specialized procedures, and a large panel of probate attorneys.

Downstate counties have lighter caseloads and typically shorter scheduling windows. The surcharge-based filing fee system in Illinois — where court costs scale with the total value of the estate subject to probate — means that higher-value estates pay materially more in court fees, not just in executor and attorney compensation.

Illinois's $100,000 small estate threshold allows a meaningful portion of Illinois estates to use a small estate affidavit to avoid formal probate. For estates above this threshold requiring formal probate, the choice between independent and supervised administration is the most important cost variable.

Independent administration reduces attorney time and eliminates most court costs after the initial appointment order. Illinois does not impose a state estate tax (the Illinois estate tax was repealed), which limits total cost modeling to probate fees and federal estate tax.

Typical Illinois probate timelines: 9 to 12 months for independent administration, 12 to 18 months for supervised proceedings in Cook County, and 6 to 10 months for independent administration in downstate counties.

When estimating probate costs in Illinois, the critical question is which assets form the fee base. In most Illinois probate matters, the compensable estate includes only assets that pass through probate — excluding jointly-titled property, accounts with beneficiary designations, assets held in trust, and retirement accounts with named beneficiaries.

This distinction means that two estates with identical total wealth can generate very different probate costs depending on how assets are titled.

Illinois courts assess reasonable compensation against the probate estate's value, not the decedent's total net worth. A thorough asset inventory early in administration helps distinguish probate from non-probate assets.

Misclassifying a non-probate asset as part of the estate inflates the apparent fee base, while overlooking a probate asset can lead to under-reporting that triggers court scrutiny.

Common probate assets in Illinois include solely-owned real property, individually-titled bank and brokerage accounts, vehicles titled only in the decedent's name, personal property of significant value, and business interests without transfer-on-death provisions. Common non-probate assets include life insurance proceeds paid to a named beneficiary, retirement accounts with designated beneficiaries, property held in joint tenancy with right of survivorship, and assets in a revocable living trust.

Accurately categorizing each asset is the foundation of any reliable probate cost estimate.

A Illinois probate cost calculator should separate the Illinois probate court filing fee, the executor or personal representative compensation, the probate attorney fee, publication and notice costs, creditor claim handling, real estate transfer expenses, and any tax filings required before the probate court approves final distribution to each beneficiary. The total probate cost in Illinois is rarely a single filing fee — it is the combined probate cost of opening the estate in probate court, administering estate assets, paying debts, and closing the probate proceeding with a final accounting.

Every line item the calculator pulls in is something the probate attorney and executor will pay out of estate funds before the beneficiary distributions are released.

Start the Illinois probate worksheet with the gross probate estate, then remove every asset that passes outside probate court through a living trust, joint tenancy with survivorship, transfer-on-death deed, payable-on-death account, retirement beneficiary designation, or Illinois small estate affidavit. The remaining Illinois probate estate is the base the probate court actually uses for estimating court filing fees, probate attorney fees, executor or personal representative compensation, bond premiums, appraisal fees, and other estate administration costs.

Probate avoidance through a living trust is the most common way Illinois families keep the probate fee schedule from applying to the full estate — assets titled in the living trust never enter probate, so the probate attorney fee and executor fee never attach to them.

For a practical Illinois probate cost estimate, the calculator needs the estate value, the Illinois county where the probate court will hear the case, whether there is a valid will, whether each beneficiary agrees on distribution, whether real property must be sold under probate court supervision, whether a will contest is likely, whether creditor claims are expected, and whether the estate qualifies for Illinois's summary administration path or full formal administration. A will contest, missing heirs, federal estate tax issue, business interest, or multi-county real estate can push the total probate cost far above a routine Illinois probate administration — and a contested will routinely doubles probate attorney fees because the probate court schedules additional hearings before any beneficiary distribution.

Probate attorney rates in Illinois usually fall between $250 and $450 per hour, with flat fees of $2,500–$7,500 common for simple uncontested probate. Some Illinois probate lawyers will quote a percentage of the estate as a benchmark even though there is no statutory schedule.

Filing the petition in Illinois probate court still requires court costs on top of the probate lawyer's fee, plus publication, certified copies, and bond premiums when the court requires one.

Illinois's summary administration path covers estates below the $100,000 threshold and usually closes in 30–90 days with no formal accounting. Formal administration handles larger or contested estates in Illinois and routinely runs 6–24 months when a will contest, real estate sale, or creditor dispute is on the docket.

Every estate settlement passes through the same probate process stages: appointing the executor, inventory, creditor notice, claim resolution, beneficiary distribution, and final accounting — a will contest can pause any one of these stages for months in Illinois.

Probate avoidance saves real money in Illinois. A living trust setup ($1,500–$3,500 with a probate attorney) keeps the estate out of probate court entirely; joint ownership, transfer-on-death deeds, and beneficiary designations on retirement accounts and life insurance move assets directly to each named beneficiary without touching the Illinois probate process.

Estate planning before death is consistently cheaper than estate settlement after death.

Total probate costs in Illinois break down into three primary categories: court filing fees, probate attorney fees, and executor or personal representative compensation. Filing fees in Illinois vary across 102 counties — urban counties often charge $400-$1,200 while rural counties may charge $200-$500.

Personal representative compensation in Illinois follows the reasonable compensation standard, typically 1.5%-5% of the gross probate estate based on documented services. Probate attorney fees are charged either as a percentage of the estate (in statutory states) or hourly ($200-$500/hr in most Illinois jurisdictions) — use this probate fee calculator above to estimate the combined amount.

Asset-based cost calculation matters because probate fees scale with the value of estate assets that pass through the court. Assets that avoid probate — joint accounts with rights of survivorship, retirement accounts with named beneficiaries, life insurance with designated beneficiaries, transfer-on-death deeds, and property held in a living trust — are not included in the probate fee base.

Estates valued below $100,000 may qualify for Illinois's simplified probate or small estate procedures, which reduce or eliminate court filing fees and probate attorney fees.

Illinois probate administration typically takes 6 to 18 months. Cost drivers include contested beneficiary disputes, real estate sales requiring court supervision, business interest valuations, creditor claim disputes, and federal or state estate tax filings.

Each beneficiary should review the executor's accounting before final distribution to verify that probate fees, attorney fees, and the executor fee match the work performed and the value of estate assets administered.

With 102 counties, Illinois presents meaningful variation in probate costs from one jurisdiction to the next. While the state provides a general framework for compensation, county-level court costs, filing fees, and administrative surcharges are set locally and can differ by hundreds of dollars.

High-volume urban courts may charge different rates than rural courts with lighter caseloads.

Beyond direct costs, county-level differences in Illinois affect the practical experience of probate. Urban courts with dedicated probate divisions tend to process routine matters more efficiently but may impose stricter procedural requirements.

Rural courts with generalist judges may be more flexible on procedure but slower to schedule hearings. For estates spanning multiple Illinois counties, these variations compound — an estate with real property in three different counties may require ancillary filings in each jurisdiction, each with its own fee schedule and timeline.

This probate cost calculator incorporates Illinois-specific fee data at both the state and county level where available. For counties without published fee schedules, the calculator applies statewide defaults and notes where manual verification may be needed — so you always know how confident to be in the estimate.

The busiest probate courts in Illinois handle cases in Cook County, Dupage County, and Lake County — click any county for local filing fee and timeline details.

Illinois uses a reasonable compensation model — courts weigh estate complexity, time invested, and skill rather than applying a fixed percentage.

Services that commonly warrant additional compensation in Illinois:

• contested proceedings (will challenges, beneficiary disputes, creditor litigation)
• sale or management of complex assets (real property, business interests, active investment portfolios)
• tax controversies
• ancillary probate proceedings in other jurisdictions

When petitioning, present contemporaneous time records and demonstrate why the standard compensation is inadequate for the specific work performed.

Beyond professional fees, Illinois estates routinely incur:

• surety bond premiums (required unless the will waives the bond)
• real property appraisals and business valuations
• publication of notice to creditors in local newspapers
• certified copies of court orders for financial institutions and title companies
• accounting and tax preparation fees for estate income and estate tax returns

The most effective way to reduce probate costs in Illinois is to shrink the probate estate itself. Assets held in a revocable living trust, accounts with beneficiary designations, and property in joint tenancy all transfer outside of probate — removing them from the fee base entirely.

For estates in Illinois, fewer probate assets mean less court time, lower professional fees, and a simpler administration process.

Transfer-on-death (TOD) and payable-on-death (POD) registrations on bank accounts, brokerage accounts, and vehicle titles are the simplest probate-avoidance tools. They cost nothing to set up, take effect automatically at death, and bypass court entirely.

Every financial institution that holds estate assets should be checked for beneficiary designation options.

Small estate procedures offer another path. If the total probate estate falls below $100,000 in Illinois, the small estate affidavit process eliminates court filing fees, personal representative fees, and attorney fees entirely.

Even estates slightly above the threshold can sometimes qualify by moving one or two assets out of probate through beneficiary designations or TOD registrations.

Negotiating attorney fees is possible in Illinois — fees are subject to a reasonableness standard, and comparing estimates from multiple probate attorneys before engaging representation can produce significant savings. The personal representative can also waive personal compensation, which reduces total estate administration costs by eliminating one of the two major fee categories.

Independent administration, where Illinois law allows it, minimizes court involvement after the initial appointment order. Fewer court hearings mean lower filing fees, less attorney time, and a faster timeline — all of which reduce total probate costs.

Check whether the will grants independent authority or whether all beneficiaries can consent to this streamlined approach.

This free probate cost calculator covers Illinois compensation guidelines, county-level filing fees across all 102 counties, and current small estate thresholds — updated as the legislature changes them. No account required, no limits on basic calculations, and results are available instantly.

Whether you're an executor trying to understand what probate will cost, a family member planning next steps, or simply researching Illinois probate law, this calculator gives you a clear, verified estimate in minutes. Select your county above for local filing fees and court details, or use the calculator to compare costs across multiple states if the estate includes out-of-state assets.

After running your estimate, check the probate timeline and estate tax calculator for a complete picture of what to expect.