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Illinois Real Estate Sale: Costs & Commission Explained

No percentage table to look up — just a court weighing what the work actually took, case by case.

755 ILCS 5/27-1, 27-2

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: the ordinary 5-6% realtor commission applies as usual, plus a reasonable executor fee typically in the 2-4% range — with no fixed statutory table behind that number at all. See how this plays out for your own numbers in the Illinois probate real estate sale calculator.

Deliberately no fixed formula

Straight from §27-1: the representative is entitled to "reasonable compensation" assessed by the court based on the estate's size, complexity, the representative's skill, and the results achieved. This was written to let the court weigh each estate's actual facts, rather than lock in a formula that might overpay a simple estate or underpay a genuinely difficult one.

A separate award protects the surviving spouse

If the decedent is survived by a spouse, the court awards at least $20,000, plus $10,000 per dependent child living with the spouse — and this award has priority over most claims except funeral expenses and the costs of administration.

Attorney fees follow the same standard

Attorney compensation in Illinois probate also follows a reasonable-fee standard reviewed by the court, typically also landing in the 2% to 4% range of estate value — a parallel, not a statutory, calculation to the executor's own fee.

The full cost picture, beyond the fee itself

Court filing fees run roughly $250 to $450, and total probate costs — attorney fees, executor compensation, publication, and other administrative expenses together — commonly fall in the 3% to 7% range of the estate's value.

Facing probate in Illinois?

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

Talk to an Illinois attorney

The §27-1 reasonable-compensation standard, and the spouse's statutory award, apply the same way whether the estate is administered in Cook, DuPage, or any other Illinois county.

Sale costs and commission — frequently asked questions

Why doesn't Illinois publish a fixed executor fee schedule?

755 ILCS 5/27-1 was written to let the court weigh the actual facts of each estate — its size, complexity, the representative's skill, and the results achieved — rather than lock in a single formula that might overpay a simple estate or underpay a difficult one.

What does the surviving spouse's award add to the cost picture?

If the decedent is survived by a spouse, the court awards at least $20,000, plus $10,000 per dependent child living with the spouse — and this award has priority over most claims except funeral expenses and administration costs.

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

Yes, in principle — attorney compensation also follows a reasonable-fee standard reviewed by the court, typically also falling in the 2% to 4% range of estate value, similar to the executor's own fee.

What do total Illinois probate costs typically run, beyond just the executor fee?

Court filing fees run roughly $250 to $450, and total probate costs — including attorney fees, executor compensation, and administrative expenses — commonly fall in the 3% to 7% range of the estate's value.

Keep going

Illinois Probate Real Estate Sale CalculatorYour estimate, based on your answers Court Approval to Sell in IllinoisIndependent vs. supervised administration Capital Gains Tax on the Sale in IllinoisThe flat 4.95% rate, and the separate estate tax Illinois Executor Fee CalculatorReasonable compensation, explained

This page provides general guidance only and is not legal, tax, or financial advice. Based on 755 ILCS 5/27-1, 27-2. Confirm current figures with a licensed Illinois attorney or real estate professional before acting.