How much does probate cost in Illinois?

Illinois sets no statutory fee percentage. Under 755 ILCS 5/27-1 the executor gets reasonable compensation (typically 2-4%), and attorney fees under 5/27-2 are also reasonable (often $3,000-$7,000 for a simple estate, hourly). County filing fees run about $250-$500 (roughly $479 in Cook County). Most estates use independent administration, which keeps costs down. Separately, Illinois has a state estate tax above a $4 million exemption.

What is the small estate limit in Illinois?

The Illinois small estate affidavit limit is $150,000 in personal property (raised from $100,000 on August 15, 2025), under 755 ILCS 5/25-1. It excludes real estate and Illinois-registered vehicles, needs no court filing, and lets heirs collect assets directly. Many older guides still quote the old $100,000 figure.

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Q: What is the executor fee in Illinois?

Illinois has no percentage schedule. Under 755 ILCS 5/27-1 the representative is entitled to reasonable compensation, judged by the size and complexity of the estate, the time spent, the skill required and the results. In practice this runs about 2% to 4% of the estate. Family members who are also beneficiaries often waive the fee, since it is taxable income.

Q: Does Illinois have an estate tax?

Yes. Illinois has a state estate tax with a $4,000,000 exemption - one of the lowest in the country, and not portable between spouses. Graduated rates run up to about 16%, and because of an interrelated calculation the effective rate just over the threshold is steep (the Attorney General's example shows a $5 million estate owing about $285,714). Illinois has no inheritance tax. The estate files Form 700 within 9 months.

Q: How long does probate take in Illinois?

Most Illinois estates take 6 to 12 months, set by the 6-month creditor claim period after publication. Complex or contested estates run longer.

How probate costs work in Illinois

Probate in Illinois runs through the Circuit Court in the county where the person lived — Cook (Chicago), DuPage, Lake, Will, Kane, and the state's 102 counties. Illinois sets no statutory fee percentage (fees are "reasonable"), leans heavily on cheap independent administration, and — the sting — adds a state estate tax with one of the lowest exemptions in the country ($4 million).

1. Executor fee — reasonable, no %

755 ILCS 5/27-1: the representative is entitled to reasonable compensation for services — Illinois sets no percentage. Courts weigh the size and complexity of the estate, the time spent, the skill required and the results. In practice this runs about 2% to 4% of the estate.

On a $500,000 estate, 3% is $15,000. Family members who are also beneficiaries often waive the fee, since it's taxable income.

2. Attorney fees — also reasonable

Under 755 ILCS 5/27-2, attorney compensation is also "reasonable," reviewed by the court — there's no percentage schedule. Fees are commonly $3,000–$7,000 for a simple estate, and hourly for complex ones. The Illinois State Bar has held that attorneys can't ethically collect more than the court finds reasonable.

3. Filing, publication & other costs

Court filing fee — set by county; about $479 in Cook County (Chicago), less elsewhere.
Publication to creditors — once a week for three weeks (755 ILCS 5/18-3); ~$150–$500.
Surety bond — if required (not waived); ~0.5–1%/yr.

4. The Illinois estate tax — the low $4M exemption

Illinois estate tax (35 ILCS 405): the exemption is just $4,000,000 — among the lowest in the US, not portable between spouses, frozen for years. Rates climb to about 16%, and because of an "interrelated calculation," the effective rate just over the line is steep — the Attorney General's example shows a $5 million estate owing about $285,714. File Form 700 within 9 months.

Because the state exemption ($4M) is far below the federal exemption, many Illinois estates owe state estate tax while owing no federal tax. Illinois has no inheritance tax.

5. When probate can be skipped in Illinois

Small estate affidavit — for personal property of $150,000 or less (raised from $100,000 on Aug 15, 2025), no real estate, under 755 ILCS 5/25-1. No court filing.
Transfer on Death Instrument (TODI) for real estate, plus joint tenancy, POD/TOD and living trusts — all bypass probate.

Cost component	Illinois figure	Source
Executor fee	Reasonable (no %); ~2–4%	5/27-1
Attorney fee	Reasonable; ~$3,000–$7,000 simple	5/27-2
Court filing fee	~$479 Cook; $280–$400 elsewhere	County Clerk
Small estate limit	$150,000 (from Aug 15, 2025)	5/25-1
State estate tax	Above $4M exemption; to 16%	35 ILCS 405
State inheritance tax	None	Illinois AG

Illinois probate cost — frequently asked questions

How much does probate cost in Chicago / Cook County?

The fee rules are statewide; only the county filing fee differs. In Cook County (Chicago), a $500,000 independent estate has about a $15,000 executor fee (3%), a $3,000–$7,000 attorney fee, and a ~$479 filing fee. Large estates may separately owe Illinois estate tax above the $4 million exemption — that's usually the biggest number.

Why is the Illinois estate tax such a concern?

Because the $4 million exemption is one of the lowest in the country and hasn't risen in years — a home, retirement accounts and life insurance can add up past it. It's not portable between spouses, and an interrelated calculation makes the effective rate steep just over the line (a $5M estate owes about $285,714). Many middle-class-by-Chicago-standards estates get caught.

Did the Illinois small estate limit change?

Yes. On August 15, 2025, the small estate affidavit limit rose from $100,000 to $150,000 in personal property (755 ILCS 5/25-1). Many older guides still say $100,000. The affidavit excludes real estate and Illinois-registered vehicles and needs no court filing.

What is independent administration?

Under 755 ILCS 5/28-1, most Illinois estates are administered independently — the executor handles the work without court approval for each step. It's the main reason Illinois probate stays affordable, versus the pricier supervised administration used for disputes.

How long does probate take in Illinois?

Most Illinois estates take 6–12 months, set by the 6-month creditor claim period after publication. Complex or contested estates run longer.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Illinois sets no statutory fee percentage; executor and attorney fees are "reasonable" under 755 ILCS 5/27-1 and 5/27-2. County filing fees vary. The estate-tax estimate uses the $4,000,000 exemption and an approximation of the Illinois interrelated calculation (35 ILCS 405) — the exact amount comes from Form 700 and can be steep just over the threshold. The small-estate limit is $150,000 as of August 15, 2025. Confirm current figures with the Circuit Court, the Illinois Attorney General, or a licensed Illinois attorney before acting.