Illinois Probate Filing Fees by County

What the Circuit Court clerk charges to open probate in Illinois — about $479 in Cook County, less elsewhere — plus publication and other costs.

755 ILCS 5/18-3 FigureMyTax Editorial Team

Quick answer: Illinois probate filing fees are set by each county's Circuit Court clerk, not the state, and typically run $250–$500 to open a decedent's estate. Cook County (Chicago) is at the higher end, around $479; suburban and downstate counties are lower. Always confirm the current fee with your county clerk.

How Illinois filing fees work

Probate is filed with the Circuit Court of the county where the person lived — Cook (Chicago), DuPage, Lake, Will, Kane, and the state's 102 counties. Each county's clerk sets its own fee to open the estate and issue Letters of Office. It's a flat amount per case, not a percentage of the estate, and covers filing the petition and opening the case; certified copies and publication are extra.

County (major city)Approx. probate filing fee
Cook (Chicago)~$479
DuPage~$350
Lake~$330
Will~$320
Kane~$300
Other / downstate counties~$250–$300

Approximate figures; county fees change and vary by filing type. Confirm the exact fee with the county Circuit Court clerk before filing.

Other court-related costs

  • Publication to creditors — required once a week for three consecutive weeks (755 ILCS 5/18-3); ~$150–$500. If not done properly, the claims period can extend to two years instead of six months.
  • Certified copies of Letters of Office — needed by banks and title; a few dollars each.
  • Surety bond — if required (not waived by the will or court); ~0.5–1% of the estate per year.
  • Small estate affidavit — the $150,000 route needs no court filing at all.

Where the fee sits in the total

The filing fee is a small part of Illinois probate — the executor and attorney fees, and (for larger estates) the $4 million estate tax, dominate. See the whole picture in the Illinois probate cost breakdown, learn about attorney fees, or estimate your total with the Illinois probate cost calculator.

Illinois probate filing fees — frequently asked questions

How much is the Illinois probate filing fee?

Typically $250 to $500, depending on the county. Cook County (Chicago) is at the higher end, around $479; suburban and downstate counties are lower.

Why do Illinois probate filing fees vary by county?

Illinois has no single statewide filing fee. Each county's Circuit Court clerk sets its own charge to open the estate and issue Letters of Office, though the underlying statutes are identical statewide.

What happens if creditor publication isn't done properly in Illinois?

The creditor claims period can extend from six months to as long as two years instead, since proper publication under § 5/18-3 is what starts the shorter claims window running.

Are Illinois probate filing fees the biggest cost?

No — the filing fee is a small part of the total. The executor and attorney fees, and for larger estates the $4 million estate tax, dominate the overall cost of Illinois probate.

Does the Illinois small estate affidavit avoid the filing fee?

Yes — the $150,000 small estate affidavit route needs no court filing at all, so it avoids the Circuit Court filing fee entirely for qualifying estates.

Facing probate in Illinois?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Illinois attorney

Estimate for general guidance only, not legal advice. Illinois probate filing fees are set by each county's Circuit Court clerk and vary; the figures here are approximate. Confirm the exact fee with the county clerk before filing.