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Calculator Updated: April 2026

Illinois Probate Fee Estimator

Estimate mandatory executor commissions and attorney fees based on Illinois probate code.

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*This guide is for educational purposes only and does not constitute legal advice.

Probate in Illinois differs significantly from coastal states. Unlike California or New York, Illinois does not mandate a statutory percentage for executor fees. Instead, the Probate Act (755 ILCS 5/) allows for 'Reasonable Compensation'.

What is 'Reasonable'?

Courts in Cook, DuPage, and Lake counties typically approve fees ranging from 2.5% to 4% of the estate value, depending on the work involved. Hourly rates ($250-$450/hr) are also common. This calculator provides a baseline estimate based on average market data.

The 'Reasonable Fee' Standard

Because there is no fixed formula, Illinois judges look at factors like:

  • The size of the estate.
  • The complexity of the work (e.g., selling a business vs. simple bank accounts).
  • Time spent by the representative.
  • The risk assumed by the executor.

Can You Skip Court? (Small Estate Affidavit)

Illinois has a generous exemption for smaller estates. If the decedent's personal estate is worth less than $100,000, you may use a Small Estate Affidavit to transfer assets without opening a court case.

Real Estate Warning

The Small Estate Affidavit generally cannot be used to transfer real estate (houses/land) unless there is a specific title situation. If there is a house involved, you almost always need full probate.

Timeline & Steps

Illinois probate typically takes 9 to 14 months due to the mandatory claims period.

1. Petition for Letters

File in the Circuit Court where the decedent lived. A hearing is scheduled.

2. Notice Publication

Publish notice in a newspaper for 3 consecutive weeks to alert creditors.

3. The 6-Month Wait

Creditors have 6 months from the date of publication to file claims. You generally cannot close the estate before this.

4. Final Account

Present a full accounting to the court and beneficiaries before distribution.

Don't Let Probate Eat Your Inheritance

A Living Trust can bypass this entire process.

See How to Avoid It →

Frequently Asked Questions

Does a Will avoid probate in Illinois?
No. A Will merely tells the court who you want to handle the probate process. It does not bypass the process itself.
How much does an Illinois probate lawyer cost?
Attorneys charge 'reasonable fees,' often hourly ($300-$500/hr) or a percentage (~2-3%). In Chicago (Cook County), rates tend to be higher than in downstate Illinois.
What is Independent Administration?
This is a streamlined form of probate where the executor can act without court approval for most tasks (like selling a car). It is the preferred method in Illinois.
Is the $100k limit for everything?
The $100,000 limit for the Small Estate Affidavit applies to 'Personal Estate' (cash, stocks, cars). It typically does NOT include real estate.
Probate Disclaimer: This calculator provides statutory estimates for informational and educational purposes only. FinanceSmartUSA is not a law firm. Actual probate fees are determined by the court and may vary based on case complexity.