Illinois Probate Real Estate Sale Calculator

Selling an Illinois probate house

Enter the sale price to see the typical executor fee range.

Was the house specifically left to one named beneficiary?

Administration type

Sale price

Include a 6% realtor commission?

Estimated cost of this Illinois probate sale

Do I need court approval? →

Facing probate in Illinois?

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Independent administration: sell without a court order

What makes Illinois different: under 755 ILCS 5/28-8, an independent representative can sell estate real estate at public or private sale without a court order. Independent administration is the default in roughly 90% of Illinois estates — the court grants it unless the will expressly forbids it, even when there's no will at all.

A specific bequest still needs written consent

Real estate specifically left to a named legatee needs that legatee's written consent before the representative can sell it — this holds even under independent administration and even where the will grants a general power of sale elsewhere.

No statutory fee — just reasonable compensation

755 ILCS 5/27-1 entitles the representative to reasonable compensation, assessed by the court based on the estate's size, complexity, the representative's skill, and the results achieved. Typical fees fall in the 2% to 4% range — a $1,000,000 estate might yield roughly $30,000.

A separate $4 million estate tax question

Illinois taxes estates above a $4 million exemption, frozen since 2013, up to 16% — a completely different calculation from the capital gains tax on a later sale. See Capital Gains Tax on the Sale for that piece.

A long creditor window, either way

Claims must be made within 6 months of first publication or 3 months of mailing notice, whichever is later — and every claim is barred 2 years after death, whether or not letters of office were ever issued.

Illinois probate real estate sale — frequently asked questions

Does an Illinois executor need court approval to sell the house?

Not under independent administration — used in roughly 90% of Illinois estates — where Section 28-8 of the Probate Act lets the representative sell estate real estate at public or private sale without a court order. Supervised administration, far less common, does require court approval.

What if the house was specifically left to one beneficiary in the will?

Real estate specifically bequeathed to a named legatee needs that legatee's written consent before the representative can sell it — even under independent administration and even with a general power of sale elsewhere in the will.

How much does an Illinois executor get paid for selling the house?

Illinois has no statutory percentage at all — 755 ILCS 5/27-1 simply entitles the representative to reasonable compensation, assessed by the court based on the estate's size, complexity, the representative's skill, and results achieved. Typical fees fall in the 2% to 4% range.

Does Illinois have its own estate tax separate from capital gains?

Yes — Illinois taxes estates above a $4 million exemption, frozen since 2013 and not adjusted for inflation or portable between spouses, up to 16%. This is separate from the flat 4.95% capital gains tax that could apply later if the house is sold for a gain.

How long is the mandatory creditor claims period in Illinois?

At least 6 months from the first publication of notice, or 3 months from mailing notice to a known creditor, whichever is later — and all claims are barred 2 years after death regardless of whether letters of office were ever issued.

Same statute, every circuit court

Cook County, DuPage, and Lake County each run their own probate divisions, but 755 ILCS 5/28-8's sale authority and the §27-1 reasonable-compensation standard apply identically statewide.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on 755 ILCS 5/27-1, 28-2, 28-8, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the county circuit court or a licensed Illinois attorney before acting.