Quick answer: Illinois probate attorney fees are not set by a statutory percentage. Under 755 ILCS 5/27-2 they must be reasonable, subject to court review. Simple estates commonly cost $3,000–$7,000; complex or contested cases run higher, usually billed hourly.
How Illinois probate attorneys bill
Reasonable, court-reviewed — no schedule
Because Illinois uses a reasonableness standard, attorneys quote a flat fee for a routine estate, an hourly rate (commonly $250–$450 in the Chicago area), or occasionally a percentage they'll ask the court to approve. The court reviews the fee if a beneficiary objects.
Independent vs supervised administration
Attorney cost tracks the type of administration. Independent administration (755 ILCS 5/28-1), used by most Illinois estates, needs little court involvement, so attorney time is lower. Supervised administration requires court approval at each step — more work, higher fees — and is used for disputes or when an interested party demands it.
Do you need an attorney?
For full administration, generally yes. But two routes are often DIY:
- Small estate affidavit — personal property up to $150,000 (since Aug 2025).
- Transfer on Death Instrument (TODI) for real estate.
How to keep Illinois probate attorney fees down
- Use the small estate affidavit where the estate qualifies ($150,000).
- Use independent administration — less court time, lower fees.
- Ask for a flat fee for a routine estate, in writing.
Attorney fees are only one piece. See the full picture in the Illinois probate cost breakdown, or estimate your total with the Illinois probate cost calculator.