Illinois Probate Cost: Full Breakdown

Quick answer: Illinois probate administration is moderate — reasonable (not percentage) executor and attorney fees plus a county filing fee, often $20,000–$30,000 on a $500,000 estate. But the real Illinois sting is the estate tax: a $4 million exemption (one of the lowest in the US) with a steep effective rate just over the line. Get your own figure with the Illinois probate cost calculator.

The administration costs, line by line

1. Executor fee — reasonable, no %

Under 755 ILCS 5/27-1, the executor gets "reasonable compensation" — no fixed percentage — judged on size, complexity, time and results. In practice about 2%–4% of the estate.

Key point: family-member executors often waive the fee, since it's taxable income while an inheritance is not. On a $500,000 estate, 3% is $15,000.

2. Attorney fees — also reasonable

Same standard (755 ILCS 5/27-2), no percentage. Typically $3,000–$7,000 for a simple estate, hourly for complex. See Illinois probate attorney fees.

3. Filing & publication

County filing fee ~$479 in Cook County, less elsewhere (by county); publication once a week for three weeks (755 ILCS 5/18-3).

The Illinois estate tax — the low $4M line

35 ILCS 405: a $4,000,000 exemption (among the lowest in the US, not portable), graduated to about 16%. Because of an interrelated calculation, the effective rate just over the line is steep — the Attorney General's example: a $5M estate owes ~$285,714. File Form 700 within 9 months.

Estate value	Illinois estate tax (approx.)
$3,000,000	$0 (below exemption)
$4,000,000	$0 (at exemption)
$5,000,000	~$285,714
$6,000,000	~$596,000

Estate tax on estates above $4M; figures approximate the interrelated calculation — use Form 700 for the exact amount. Run your own numbers in the calculator.

Worked examples (administration only)

Estate value	Executor (3%)	Attorney	Filing + notice	Admin total
$100,000	$3,000	$3,000	$929	≈ $6,929
$500,000	$15,000	$5,000	$929	≈ $20,929
$1,000,000	$30,000	$7,000	$929	≈ $37,929

Filing + notice = $479 (Cook) + $250 + $200. Administration only — add Illinois estate tax separately for estates above $4M. If the executor waives the fee, subtract that column. Run your own numbers in the calculator.

How to reduce Illinois probate costs

Use the small estate affidavit for personal property up to $150,000 (since Aug 2025) under 755 ILCS 5/25-1.
Use independent administration — Illinois's low-cost default.
Executor waives the fee if a family member and beneficiary.
Plan for the $4M estate tax — since it's not portable, married couples often use credit-shelter trusts.

Illinois probate cost — frequently asked questions

What is the biggest cost in Illinois probate?

For estates under the $4 million exemption, usually the executor and attorney fees combined — together often $20,000 to $30,000 on a $500,000 estate. For larger estates, the Illinois estate tax itself typically dwarfs the administration costs.

Why is the Illinois estate tax exemption so low?

At $4 million, it is among the lowest state estate tax exemptions in the country and has not risen in years, while the federal exemption is much higher — so a mid-size estate can owe Illinois tax while owing nothing federally.

Is the Illinois estate tax exemption portable between spouses?

No. Unlike the federal estate tax exemption, Illinois's $4 million exemption is not portable, which is why married couples often use credit-shelter trust planning to use both spouses' exemptions.

Can I reduce probate costs in Illinois?

Yes — the small estate affidavit (up to $150,000 in personal property), independent administration instead of supervised, and an executor waiving the fee if they are also a beneficiary all reduce the administration side of the cost.

Does Illinois probate cost include an inheritance tax too?

No — Illinois has an estate tax but no separate inheritance tax, so beneficiaries themselves owe nothing to the state on what they receive.

Estimate for general guidance only, not legal or tax advice. Fees are reasonable under 755 ILCS 5/27-1 and 5/27-2. Filing fees vary by county. Estate tax (above $4M, to 16%, interrelated calculation) under 35 ILCS 405 is approximate — use Form 700. Small estate limit $150,000 since Aug 15, 2025. Verify with the Circuit Court, the Illinois AG, or a licensed Illinois attorney.