Based on State Probate Statutes

Illinois Probate Costs

Reasonable compensation under 755 ILCS 5/27-2; reasonable compensation determined by court, typically 3-4% of estate value

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Illinois Probate Overview

Illinois follows a reasonable compensation model for probate fees, where attorney and executor fees are determined by what the court considers fair for the work performed. Under 755 ILCS 5/27-2; reasonable compensation determined by court, typically 3-4% of estate value, fees are based on the gross value of the estate. This means costs can vary depending on the complexity of the estate and the professionals involved.

Attorney fees are typically around 3.5% of the gross estate value. The court filing fee in Illinois is $350 (IL Circuit Court probate filing fee average (varies by county)). You should also budget for surety bond premiums and newspaper publication fees required by law.

The probate process in Illinois typically takes 9 to 18 months from filing to final distribution. For smaller estates valued at $100,000 or less, Illinois offers a small estate affidavit that can bypass the full probate process (755 ILCS 5/25-1).

Key Facts: Illinois Probate

Fee Type
Reasonable Compensation
Court Filing Fee
$350
Estimated Timeline
9-18 months
Small Estate Threshold
$100,000
Bond Rate
$5 per $1,000

Frequently Asked Questions About Probate in Illinois