Illinois Executor Fee: How Much Is It?

Q: 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, with the amount depending on the estate's size and complexity, time spent, and skill required. Practitioners commonly cite a rough range of roughly 1% to 5% of the estate.

Q: Are there exceptions to who can be compensated in Illinois?

Yes, two narrow ones under 5/27-1: a public administrator handling a war veteran's federal war-service benefits, and a Department of Human Services or Department of Children and Family Services employee serving as guardian of a patient or resident in a state facility.

Q: Does the Illinois executor fee get paid before other debts?

Yes. Under 755 ILCS 5/18-10, fees awarded under Section 27-1 are classified as first-class claims, paid ahead of medical bills, most other debts, and every lower-priority claim if the estate falls short.

Quick answer: Illinois sets no statutory percentage. Under 755 ILCS 5/27-1, "a representative is entitled to reasonable compensation for his services," with the amount depending on the estate's size and complexity, the time spent, and the representative's skill. Practitioners commonly cite a rough working range of about 1% to 5% of the estate's value, though nothing in the statute requires that. Get an illustrative estimate with the Illinois executor fee calculator.

Reasonable compensation, no formula

755 ILCS 5/27-1: "A representative is entitled to reasonable compensation for his services." That's the operative language — no dollar table, no percentage, no cap. Illinois courts assess reasonableness based on the actual facts of the administration.

Two specific, narrow exceptions

§ 27-1: "no fees, charges or other compensation may be allowed a public administrator for services performed in administering that part of the estate of any United States war veteran which consists of compensation, insurance or other monies due or payable from the United States because of the veteran's war service." Separately, "no fees, charges or other compensation may be allowed an employee of the Department of Human Services or the Department of Children and Family Services... for services as guardian of the estate of a patient or resident in a State mental health or developmental disabilities facility or other State institution." Both are precise, narrow carve-outs tied to specific public-sector roles, not general limits on compensation.

A real first-class claim priority

755 ILCS 5/18-10, class 1: "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." The representative's fee (§ 27-1) and the attorney's fee (§ 27-2) are named directly in this first-priority class — ahead of medical bills, most other debts, and every claim in a lower class if the estate runs short.

Attorney fees: separate, with a real deadline

§ 27-2(a), (b): the attorney for a representative is entitled to reasonable compensation, separately assessed from the representative's own fee. An attorney who withdraws from representing a representative must file a petition for fees and costs within 30 days after the court approves the withdrawal, though an extension can be requested. In re Estate of Elias, 408 Ill. App. 3d 301 (1st Dist. 2011), confirms attorney fees don't have to come exclusively from the estate.

A sense of typical figures

Because there's no statutory number, hourly rates for a family representative's own time in Illinois vary by county and complexity; illustrative estimates commonly fall in the $30-$60/hr range for non-professional, family-member administration, with professional fiduciaries charging considerably more. These aren't statutory figures — only the reasonableness standard is.

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Illinois executor fee — frequently asked questions

How much does an executor get paid in Illinois?

Illinois sets no statutory percentage. Under § 27-1, a representative is entitled to reasonable compensation, with the amount depending on the estate's size and complexity, time spent, and skill required. Practitioners commonly cite a rough range of roughly 1% to 5% of the estate.

Are there exceptions to who can be compensated in Illinois?

Yes, two narrow ones under § 27-1: a public administrator handling a war veteran's federal war-service benefits, and a Department of Human Services or Department of Children and Family Services employee serving as guardian of a patient or resident in a state facility.

Does the Illinois executor fee get paid before other debts?

Yes. Under § 18-10, fees awarded under Section 27-1 are classified as first-class claims, paid ahead of medical bills, most other debts, and every lower-priority claim if the estate falls short.

Are Illinois attorney fees calculated the same way as executor fees?

They use the same reasonableness standard under a separate section, § 27-2, and are assessed independently from the executor's own fee, though both carry first-class claim priority when awarded.

Is there a deadline for an Illinois attorney to claim fees after withdrawing?

Yes — an attorney who withdraws from representing a representative must file a petition for fees and costs within 30 days after the court approves the withdrawal, though an extension can be requested.

Estimate for general guidance only, not legal advice. Based on 755 ILCS 5/27-1, 5/27-2, 5/18-10, and In re Estate of Elias (2011). Illinois sets no statutory percentage or fixed hourly rate; illustrative rate ranges are not set by law. Verify with the probate court or a licensed Illinois attorney.