How much does an executor get paid in Illinois?

Illinois sets no statutory percentage. Under 755 ILCS 5/27-1, a representative is entitled to 'reasonable compensation for his services.' Courts weigh the size and complexity of the estate, the time spent, and the executor's skill. In practice, fees commonly fall in the range of roughly 1% to 5% of the estate's value, with no fixed formula required.

Does an Illinois executor's fee get paid before other estate debts?

Yes. Under 755 ILCS 5/18-10, fees awarded to a representative under Section 27-1 (and to the representative's attorney under Section 27-2) are classified as first-class claims against the estate, alongside funeral and burial expenses and other administration expenses - paid ahead of medical bills, most debts, and other creditor claims.

Are there any exceptions to executor compensation in Illinois?

Yes, two specific ones under 755 ILCS 5/27-1: no compensation may be allowed to a public administrator for handling a U.S. war veteran's war-related compensation, insurance, or other government monies, and no compensation may be allowed to a Department of Human Services or Department of Children and Family Services employee serving as guardian of the estate of a patient or resident in a state mental health or developmental disabilities facility.

Can an Illinois executor waive their fee?

Yes. Nothing in 755 ILCS 5/27-1 requires a representative to claim compensation; they can decline it or accept a reduced amount.

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How Illinois executor compensation actually works

Illinois has no percentage schedule — but the representative's fee gets a genuinely strong position once the estate starts paying its bills.

1. Reasonable compensation, no formula

755 ILCS 5/27-1: "A representative is entitled to reasonable compensation for his services." No percentage, no dollar table — the amount depends on the size and complexity of the estate, the time actually spent, and the representative's skill and experience.

2. Two narrow but real exceptions

§ 27-1: compensation is not allowed to a public administrator for administering the part of an estate consisting of compensation, insurance, or other monies due from the United States because of a war veteran's war service. Separately, no compensation is allowed to a Department of Human Services or Department of Children and Family Services employee serving as guardian of the estate of a patient or resident in a state mental health or developmental disabilities facility.

3. Paid ahead of most other estate debts

755 ILCS 5/18-10, 1st class: "Funeral and burial expenses, expenses of administration, statutory custodial claims, and final fees and costs as determined by the court relating to guardianship, including fees awarded under Section 11a-13.5, 13-3, 13-3.1, 27-1, 27-2, or 27-4." Fees awarded to the representative under § 27-1, and to the representative's attorney under § 27-2, are explicitly named as first-class claims — paid ahead of medical bills, most debts, and every lower class of claim if the estate can't cover everything.

4. Attorney fees are separate, with their own procedural deadline

§ 27-2(a), (b): "The attorney for a representative is entitled to reasonable compensation for his services." An attorney who withdraws from representing a representative must file a petition for fees and costs within 30 days after the withdrawal is approved, though the court may grant an extension. In re Estate of Elias, 408 Ill. App. 3d 301 (1st Dist. 2011), confirms there's no requirement that the attorney's fees be paid exclusively from the estate.

Component	Illinois figure	Source
Statutory formula	None — "reasonable compensation" only	755 ILCS 5/27-1
Claim priority	1st class (with funeral/burial and admin expenses)	755 ILCS 5/18-10
War-veteran benefits carve-out	No compensation for public administrator	755 ILCS 5/27-1
State-facility guardian carve-out	No compensation for DHS/DCFS employee-guardian	755 ILCS 5/27-1

Illinois executor fee — frequently asked questions

How much does an executor get paid in Chicago or Cook County?

The 755 ILCS 5/27-1 "reasonable compensation" standard applies statewide, including Cook County. There's no county-specific rate; the same reasonableness test applies, subject to court review if disputed.

Does Illinois use a percentage of the estate?

No. Compensation is tied to reasonableness based on the actual work performed, not a share of the estate's value, though practitioners often reference a typical range of roughly 1% to 5% as a rough guide.

Why does the claim priority matter?

If the estate doesn't have enough money to pay everyone, first-class claims (including the representative's and attorney's fees) get paid before medical bills, most other debts, and every lower-priority claim.

Who can't be compensated as a representative in Illinois?

A public administrator handling a war veteran's federal war-service benefits, and a DHS or DCFS employee serving as guardian of a patient or resident in a state mental health or developmental disabilities facility - both explicitly excluded from compensation under § 27-1.

Is the Illinois executor fee taxable?

Yes — compensation is taxable income under federal law regardless of state. See our guide to how it's taxed, and when to waive it for the IRS rules on self-employment tax and reporting.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Illinois statute (755 ILCS 5/27-1, 5/27-2, 5/18-10). Illinois sets no statutory percentage or fixed hourly rate; the hours and rate used are illustrative inputs you control, not figures set by law. Confirm current figures with the probate court or a licensed Illinois attorney before acting.