Illinois Probate Costs, Fees & Small Estate Rules
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Probate filing fee
- ≈$150–$479 (by county)Cook County: $479 to open
- Small-estate threshold
- $100,000 personal propertyaffidavit used outside court (755 ILCS 5/25-1)
- Executor compensation
- Reasonable compensationno statutory percentage (755 ILCS 5/27-1)
- Where filed
- Circuit Court (probate division)
Illinois probate runs through the circuit courts — Cook County's probate division charges $479 to open an estate, with other counties generally lower. Probate is typically required when the decedent owned real estate or more than $100,000 in personal assets.
Below that line, Illinois's small estate affidavit is one of the most generous in the country: up to $100,000 of personal property (less liens) can be collected by affidavit presented directly to banks and asset holders — no court filing at all. Estates that do open probate usually elect independent administration, which cuts court supervision to the beginning and end of the case.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Probate filing feeCook County: $479; respondent appearance $250 | ≈$150–$479 (by county) | Official fee |
| Publication of claims notice | $100–$300 | Estimate |
| Surety bond (if required)often waived by the will | premium varies with estate size | Estimate |
| Attorney — routine independent administration | $3,000–$8,000+ | Estimate |
Fees set per county under statutory schedules. Estimates are market figures.
Requirements
| Requirement | Rule |
|---|---|
| Small estate affidavit | Personal property ≤ $100,000, no real estate passing, no contested claims (755 ILCS 5/25-1) |
| Probate required | Generally when real estate or > $100,000 personal property is in the sole name of the decedent |
| Claims period | 6 months from publication (or 2 years from death without publication) |
| Independent administration | Default unless the will forbids or an interested party objects |
The process, step by step
- Try the affidavit first. If personal property is ≤ $100,000 and no real estate must pass, use the small estate affidavit directly with each bank/asset holder.
- File the petition for letters. In the circuit court of the decedent's county; pay the county fee; the court admits the will and issues letters.
- Publish claims notice. Publication starts the 6-month claims period — the practical minimum duration of an Illinois probate.
- Administer independently. Independent representatives collect, pay and distribute without per-transaction court approval.
- Close. Final report to heirs; the estate closes after the claims period ends and distributions are receipted.
Forms & where to file
Circuit Court of the county where the decedent resided (probate division in larger counties).
Frequently asked questions
How much does probate cost in Illinois?
Filing fees vary by county — Cook County charges $479 to open a probate estate. With publication, bond and attorney fees, routine probates commonly total several thousand dollars.
What is the Illinois small estate affidavit?
A sworn form (no court filing) that collects up to $100,000 of personal property when no real estate must pass through the estate. Banks and transfer agents accept it directly; the affiant becomes personally liable to rightful heirs and creditors.
How long does Illinois probate take?
The 6-month creditor claims period sets the floor — most independent administrations close in 8–14 months.
Do executors get a percentage in Illinois?
No — Illinois pays 'reasonable compensation' based on time and complexity (755 ILCS 5/27-1), not a statutory percentage.
Related information
Sources & verification
- Cook County Circuit Clerk — Probate fee schedule (CCP 0607)
- 755 ILCS 5/25-1 — small estate affidavit ($100,000)
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.