Probate · IL
Illinois probate: fees and how long it takes
Illinois writes no percentage for executors or lawyers, so its probate cost turns on hours billed, while its calendar turns on a claim date the representative chooses.
Rules read on official Illinois pages on · Checked by Radif Partners · How we calculate
- Creditor claim period
- 6 months
- Small-estate limit
- $100,000
- Executor and attorney fees
- “Reasonable”, court-approved
- Court filing fee
- By county
Illinois probate has no statutory fee schedule: the representative and the attorney are each entitled to reasonable compensation under 755 ILCS 5/27-1 and 27-2, usually billed by the hour and open to review by the court if an heir objects, so the cost depends on the work rather than on the size of the estate. The court filing fee is set by each circuit clerk, and the Cook County probate schedule could not be found online when we checked. The timeline is easier to pin down. The representative publishes a notice once a week for three weeks naming a claim date, which must fall at least 6 months after the first publication and at least three months after notice is mailed to known creditors; the estate cannot be closed before that date. Independent administration, the usual form, lets the representative close by verified report once every claim is settled, so even a simple Illinois estate stays open past the claim date, and usually some months beyond it. Personal property worth $100,000 or less can skip court with the small estate affidavit.
Court filing fee in Illinois
$0
0.0% of the estate · at least 12 months before final distribution
| Court filing fee | set by the county |
| Creditor claim period | 6 months |
| Small-estate limit | $100,000 |
Illinois does not set a percentage schedule: the personal representative and the attorney are paid a reasonable fee approved by the court, often hourly.
Estimate under the Illinois probate statutes. Publication, bond, appraisal, extraordinary services and the estate's own taxes are extra. How this is calculated.
The claim date is a date, not a duration
Illinois does not simply give creditors a fixed number of months. Section 18-3 of the Probate Act makes the representative publish a notice that names a specific claim date, and the statute only sets the earliest date that notice may name. Suppose the first publication in a Peoria newspaper runs on March 5, 2026. The claim date cannot be earlier than September 5, 2026. If the representative learns of a medical creditor later and mails that creditor notice on July 20, 2026, the creditor gets three months from mailing, until October 20, 2026, so the practical bar for that claim is October 20, 2026. Every claim, noticed or not, is barred two years after death under section 18-12, which is the outer limit for an estate never opened.
Reasonable fees, measured how
Because 755 ILCS 5/27-1 and 27-2 only say reasonable, the yardsticks are practical: hours spent, the hourly rate customary in the county, the complexity, the size of the estate and the result. In independent administration nobody files a fee petition unless an heir objects; the fees appear in the final report. In supervised administration, the judge reviews them. A family member who serves without pay simply waives compensation. We do not publish typical Illinois percentages, because none are set by law and the surveys behind them are not official.
The $100,000 affidavit, read closely
The small estate affidavit of section 25-1 counts the gross value of the whole personal estate, including vehicles and accounts that pass by will or intestacy, with no subtraction for debts. Land and buildings are outside it: the affidavit cannot transfer Illinois real estate. A personal estate of $92,000 qualifies (below the limit); one of $115,000 does not (above the limit) and needs a court case. The $100,000 ceiling dates from Public Act 98-836, effective January 1, 2015, and it is not indexed. We read the statute through an archive copy of the official site from mid-2025, so a later amendment could not be ruled out; check the current text of 755 ILCS 5/25-1 before relying on it.
What slows an Illinois estate
Real estate is the usual reason: without an affidavit route, a house in the decedent's name means letters of office, then a sale or a deed to heirs. Heirship must be proved by affidavit or testimony, and missing heirs require notice by publication. In Cook County, the volume of cases can add weeks to each hearing. Over in Ohio, the creditors' clock starts at death rather than at publication.
The Illinois probate rules this calculator applies
Creditor claims. The representative publishes notice once a week for 3 weeks and mails it to known creditors; the claim date must be at least 6 months after first publication or 3 months after mailing, whichever is later (755 ILCS 5/18-3); claims not filed by that date are barred, and all claims are barred 2 years after death in any event (755 ILCS 5/18-12). source
Closing the estate. An independent representative may seek discharge by verified report stating that the 755 ILCS 5/18-3 notice was published and every claim is allowed, disallowed or barred (755 ILCS 5/28-11), so closing comes after the 6-month claims date. source
Small estates. Small estate affidavit (no court filing) when the gross value of the decedent's entire personal estate, including property passing by will or intestacy, does not exceed $100,000 (755 ILCS 5/25-1, as amended by P.A. 98-836, eff. January 1, 2015). Not indexed. source
Simplified procedure. Small estate affidavit for personal estates up to $100,000 (755 ILCS 5/25-1); independent administration without court supervision, closed by verified report (755 ILCS 5/28-11). source
Filing fee. Probate filing fees are set by each circuit clerk under the Clerks of Courts Act; the Cook County Clerk of the Circuit Court probate fee schedule was not found on its website. source
Personal representative. A representative is entitled to reasonable compensation for services (755 ILCS 5/27-1). source
Attorney. The attorney for a representative is entitled to reasonable compensation for services (755 ILCS 5/27-2(a)). source