How much does probate cost in Illinois?
5 Aug 2026
Illinois publishes no percentage for the attorney and none for the personal representative — and it does not publish a probate filing fee either. The statute sets ceilings, and your county board fixes the actual charge inside them.
Both professional fees are reasonable compensation, allowed by the court, and a representative’s fee is a first-class administrative claim paid ahead of ordinary creditors. The creditors’ notice is compulsory and runs three weeks, and Illinois is the one state whose fee statute says outright who pays the newspaper: you do, directly. The bond runs upward rather than downward — not less than double the personal estate, or one and a half times it where a surety company stands behind it.
705 ILCS 105/27.1b — Illinois Compiled Statutes, published by the Illinois General Assembly · Verified 5 Aug 2026
Informational only, not legal advice. Figures verified on the date stamped. Details: /disclaimer/
Work it out on your own number
Illinois sets no percentage on either professional fee, and it sets no filing fee either — only ceilings. What follows is the most the law allows a county to charge, not what your county does charge.
| Petition opening an estate — Schedule 1, county of 3,000,000 or more | not more than $371.00 |
| Petition opening an estate — Schedule 1, any other county | not more than $321.00 |
| Schedule 2 | not more than $362.00 / $266.00 |
| Schedule 3 | not more than $270.00 / $94.00 |
| Schedule 4 | no fee |
| Each account other than a final account | not more than $25.00 |
| Will contest or other claim seeking equitable relief | not more than $60.00 |
| Jury demand | not more than $137.50 |
| Certified copy of letters of office | not more than $2.00 a page |
| Appearance of an executor or administrator | no fee |
| Attorney | reasonable |
| Personal representative | reasonable |
Which of the four schedules a probate petition falls into is set by order of the Supreme Court of Illinois rather than by the statute. That order has not been read, and we will not infer it — so no Illinois total is stated on this page. What we can print is every ceiling the statute publishes, above, and the direction to ask your circuit clerk which schedule applies and what the county board has actually set.
Filing a claim against the estate is capped by the amount claimed: over $150 up to $500, not more than $40.00 or $25.00; over $500 up to $10,000, not more than $55.00 or $40.00; over $10,000, not more than $75.00 or $60.00. In each pair the higher figure applies in a county of 3,000,000 or more.
These are maximums. Your county board fixes the actual amount by ordinance or resolution, so the figure at your counter can be lower and will differ from the next county. Neither professional fee can be computed from an estate value in Illinois, because no percentage exists to compute.
What each part costs
Every row is one figure, one source, one date. Where Illinois fixes no price, the row says so instead of guessing.
| Fee | Amount or formula | Set by | Source | Verified |
|---|---|---|---|---|
| Attorney feeAttorney for the representative | No statutory scheduleIllinois publishes no percentage and no schedule for the estate’s attorney. The attorney for a representative is entitled to reasonable compensation for his services, and what is reasonable is decided by the court. The statute adds one timing rule that costs money if it is missed: 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. A motion for more time filed within those same 30 days may be allowed. | The court, on a reasonableness standard | 755 ILCS 5/27-2 P.A. 96-981, effective 2 Jul 2010 | 5 Aug 2026 |
| Personal representativeExecutor or administrator | No percentage scheduleIllinois sets no formula for the person administering the estate either. A representative is entitled to reasonable compensation for his services, fixed by the court. Two groups are cut out by name and paid nothing: a public administrator, for administering the part of a war veteran’s estate made up of compensation, insurance or other monies due from the United States, and an employee of the Department of Human Services or the Department of Children and Family Services acting as guardian of the estate of a patient or resident in a State facility. A fee allowed under this section is a first-class claim for administrative expenses, so it is paid from the estate ahead of ordinary creditors. | The court, on a reasonableness standard | 755 ILCS 5/27-1 P.A. 102-72, effective 1 Jan 2022 | 5 Aug 2026 |
| Court filing feePetition to open an estate | The law sets only a ceilingThe law sets only a ceiling. Illinois caps what a county may charge; the county board sets the actual fee by ordinance or resolution, and may charge less. No Illinois total can be stated. The petition that opens an estate falls into one of four schedules, and which schedule probate sits in is set by order of the Supreme Court rather than by the statute. The ceilings are: Schedule 1, not more than $371.00 in a county of 3,000,000 or more and not more than $321.00 in any other county; Schedule 2, $362.00 and $266.00; Schedule 3, $270.00 and $94.00; Schedule 4, no fee. Several probate filings are capped separately: not more than $25.00 for each account other than a final account, not more than $60.00 for a will contest or other claim seeking equitable relief, not more than $137.50 for a jury demand, and not more than $2.00 a page for a certified copy of letters of office. There is no fee at all for the appearance of an executor or administrator, or for an appearance entered only to consent. | The county board, inside statutory ceilings | 705 ILCS 105/27.1b Compiled text runs to P.A. 104-468, effective 1 Jul 2026 | 5 Aug 2026 |
| Newspaper publicationNotice to creditors | Not fixed by statuteNot fixed by statute — the newspaper sets its own rate. The statute sets how often the notice runs and for how long: once each week for three successive weeks in a newspaper published in the county where the estate is being administered. The representative must also mail or deliver the same notice to every creditor whose name and address is known or reasonably ascertainable. The notice states the death, names the representative and the attorney of record, and gives the date by which claims must be filed — not less than 6 months from first publication, or 3 months from the date of mailing or delivery, whichever is later. A claim not filed by that date is barred, and proof of publication is filed with the clerk. Illinois is the one state whose fee statute says outright who pays the paper: the executor, administrator, petitioner or their attorney pays the cost of publication directly to the newspaper. | The newspaper, paid directly by the estate | 755 ILCS 5/18-3, cost-bearer clause at 705 ILCS 105/27.1b(v)(8) | 5 Aug 2026 |
| BondRepresentative’s bond | Not less than double the personal estate
|
Statutory floor, increased by the court | 755 ILCS 5/12-5 P.A. 84-555 and 84-690 | 5 Aug 2026 |
Any single dollar figure quoted as the Illinois probate filing fee is not a statewide fee. The statute publishes maximums; the county board sets the charge. A figure from Cook County tells you nothing about Madison County, and the two are on different ceilings in the first place.
The bond amount is not the bond cost. Illinois requires a bond of at least double the personal estate. What the estate pays is a premium to the surety on that amount, and no statute sets the premium.
How the Illinois sources are linked. The Illinois General Assembly publishes the Compiled Statutes with a stable address for each section, so every source above opens the exact section we read.
What can change the bill — allowances, waivers and one-off charges
- Each account other than a final account — not more than $25.00.
- Will contest, or other claim seeking equitable relief — not more than $60.00. Jury demand — not more than $137.50.
- Certified copy of letters of office — not more than $2.00 a page.
- Filing a claim against the estate, capped by the amount claimed — over $150 up to $500, not more than $40.00 or $25.00; over $500 up to $10,000, not more than $55.00 or $40.00; over $10,000, not more than $75.00 or $60.00. The higher figure in each pair applies in a county of 3,000,000 or more.
- You may not have to pay at all. There is no fee for the appearance of an executor or administrator, or for an appearance entered only to consent.
- Publication is billed straight to you. The fee statute says the executor, administrator, petitioner or their attorney pays the cost of publication directly to the newspaper — it does not pass through the clerk.
- Administration costs are paid before other claims — a representative’s fee allowed under 755 ILCS 5/27-1 is a first-class claim for administrative expenses, so the fees on this page come out first.
705 ILCS 105/27.1b and 27.1b(v)(8); 755 ILCS 5/27-1 — Illinois Compiled Statutes · Verified 5 Aug 2026
What changes YOUR number in Illinois
- There is no Illinois filing fee to look up
- The statute publishes ceilings and the county board fixes the charge inside them by ordinance or resolution. Which of the four schedules a probate petition falls into comes from an order of the Supreme Court of Illinois, not from the statute, and we have not read that order. Ask the circuit clerk in the county where the estate will be opened for two things: which schedule applies, and what the board has set. Anything else is a guess dressed as a figure.
- The county size changes the ceiling
- Every schedule in the section carries two numbers — one for a county of 3,000,000 or more, one for everywhere else. Cook County sits on the first, the other 101 counties on the second, and the gap on Schedule 3 is the widest in the section: $270.00 against $94.00.
- The representative is paid ahead of ordinary creditors
- A fee allowed to the representative is a first-class claim for administrative expenses. Administration costs are paid before other claims, so the fees on this page come out of the estate first.
- An attorney who withdraws has 30 days to ask for fees
- 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. A motion for more time filed inside those 30 days may be allowed. Miss both and the petition is out of time.
- You pay the newspaper yourself
- Illinois is the only state in this database whose fee statute names the cost-bearer for publication: the executor, administrator, petitioner or their attorney pays the newspaper directly. Budget it as a bill you will receive, not a court charge you will be assessed. The notice runs once a week for three successive weeks.
- Two deadlines, and the later one governs
- Claims must be filed by the date the notice gives — not less than six months from first publication, or three months from the date the notice is mailed or delivered to a known creditor, whichever is later. A creditor written to late therefore has longer. A claim not filed by the date is barred.
- A bond that starts at double
- The floor is double the value of the personal estate where individuals act as sureties, and one and a half times it where a surety company does. Taking possession of real estate adds whatever the court thinks right on top, having regard to the income from it. A wrongful-death or personal-injury cause of action counts as $500 while the bond is being fixed, and is re-bonded properly once a judgment or settlement is in sight.
Illinois runs a small estate affidavit, not a court process — and the limit is $150,000
Estates under $150,000.00 may qualify for the small estate affidavit. The route is open where no letters of office are outstanding and no petition for letters is contemplated or pending in Illinois or anywhere else, and where the personal estate passing under the will or by intestacy comes to not more than $150,000.00, leaving registered motor vehicles out of that count.
- A bank, transfer agent or anyone holding the decedent’s personal property must pay it out, grant safe deposit access or transfer it on being given the affidavit. There is no court step.
- Registered motor vehicles can be transferred with the same affidavit whatever the estate is worth — they sit outside the $150,000 count entirely.
- The affiant signs under penalty of perjury, must pay the estate’s valid claims in the statutory class order before distributing anything, and indemnifies creditors, heirs and anyone who relied on the affidavit.
- The affidavit itself sets out the seven claim classes and the spouse or child award figures used in the estate.
- An affiant living outside Illinois submits to Illinois jurisdiction and must name an agent for service.
- This section provides no route for real property.
The figure is keyed to the date of death. The change that set $150,000 applies to a decedent whose date of death is on or after its effective date. An earlier death uses the earlier figure, which we have not read and do not state here — check the date of death before relying on this limit.
755 ILCS 5/25-1 — Illinois Compiled Statutes · P.A. 104-346, effective 15 Aug 2025 · Verified 5 Aug 2026
Check your own estate against the Illinois route →
Three tools, in the order most people need them
Illinois probate cost questions
How much does an executor get paid in Illinois?
There is no percentage. A representative is entitled to reasonable compensation for his services, fixed by the court. The fee is a first-class claim for administrative expenses, so it is paid out of the estate ahead of ordinary creditors. Two categories are paid nothing by name: a public administrator handling the federal-benefit part of a war veteran’s estate, and a State employee acting as guardian of the estate of a patient or resident in a State facility.
Does Illinois set probate attorney fees by statute?
No. The attorney for a representative is entitled to reasonable compensation for his services, and the court decides what is reasonable. There is no schedule and no percentage. One deadline is worth knowing: an attorney who withdraws must file a petition for fees and costs within thirty days of the court approving the withdrawal.
What does it cost to file for probate in Illinois?
Illinois does not publish a probate filing fee. The statute sets ceilings and each county board fixes the actual charge inside them by ordinance or resolution. The petition that opens an estate falls into one of four schedules, and which one probate sits in is set by order of the Supreme Court rather than the statute. The ceilings run from three hundred and seventy-one dollars in a county of three million or more down to no fee at all on the fourth schedule. Ask your circuit clerk which schedule applies and what the board has set.
Does an executor need a bond in Illinois?
Where a bond is required, it must be for not less than double the value of the personal estate where individuals act as sureties, or one and a half times that value where a surety company does. Taking possession of the real estate adds a further amount the court fixes, having regard to the income from it. When Illinois requires or excuses a bond is governed by a separate section we have not read, so this page does not state it.
Does Illinois have a small estate affidavit?
Yes, and it is an affidavit rather than a court process. It can be used where the personal estate passing under the will or by intestacy comes to no more than one hundred and fifty thousand dollars, leaving registered motor vehicles out of the count, and where no letters of office are outstanding or contemplated anywhere. Whoever holds the property must pay or transfer it on being given the affidavit. Vehicles can be transferred on the same affidavit whatever the estate is worth. The limit is keyed to the date of death, so an older death may fall under an earlier figure.
Sources & verification
Every figure on this page was checked against the official source on the date shown. The Illinois General Assembly publishes the Compiled Statutes with a stable address for each section.
- Attorney fee — 755 ILCS 5/27-2 ilga.govVerified 5 Aug 2026 · P.A. 96-981, effective 2 Jul 2010 · annual statutory re-check
- Representative’s compensation and its first-class priority — 755 ILCS 5/27-1 ilga.govVerified 5 Aug 2026 · P.A. 102-72, effective 1 Jan 2022 · annual statutory re-check
- Court fee ceilings, and the cost-bearer clause for publication — 705 ILCS 105/27.1b ilga.govVerified 5 Aug 2026 · compiled text runs to P.A. 104-468, effective 1 Jul 2026 · the Supreme Court order assigning probate to a schedule was not read and is not inferred here
- Publication — 755 ILCS 5/18-3 ilga.govVerified 5 Aug 2026 · P.A. 86-815 · annual statutory re-check
- Bond floor — 755 ILCS 5/12-5 ilga.govVerified 5 Aug 2026 · P.A. 84-555 and 84-690 · section 12-2, on when a bond is required or waived, was not read
- Small estate affidavit — 755 ILCS 5/25-1 ilga.govVerified 5 Aug 2026 · P.A. 104-346, effective 15 Aug 2025 · the figure applies to deaths on or after that date · on the re-check calendar
Researched and verified by John Terra · Methodology
This page is information, not legal advice. Reading it does not create an attorney-client relationship. Laws and fee schedules change; every figure here was verified on the date stamped beside it. For advice about your own situation, consult an attorney licensed in Illinois. Full terms: /disclaimer/ · Privacy
Every state, one standard: How much does probate cost? →
Nearby and often compared: Indiana, Wisconsin, Missouri and Iowa
When a figure changes, know first
Statutes get amended and fee schedules get updated. Once a month, we send a short note listing every figure that changed and every page we re-verified. Reference, not marketing.