Illinois Probate Attorneys

Illinois has no statutory counsel mandate, and the 755 ILCS 5/25-1 small estate affidavit collects personal property with no case opened and no lawyer. The open question is full administration: many Circuit Court Probate Divisions expect an attorney of record, so the practical answer depends on the county.

• Small estates: personal property is paid or delivered on a small estate affidavit without opening a case, under 755 ILCS 5/25-1. (755 ILCS 5/25-1)
• Opened estates: whether a self-represented executor or administrator may run a full administration without counsel.

Use the small estate affidavit when the estate qualifies. For an opened estate, ask the county's Probate Division clerk whether a self-represented executor is accepted before filing anything.

Governing authority: No counsel mandate in the Probate Act of 1975; the small estate affidavit is the statutory no-lawyer lane, while Probate Division practice expects an attorney of record for opened estates. Verified August 22, 2026.

Illinois has no statutory attorney-fee schedule for an ordinary estate; firms bill by the hour, a flat fee, or a percentage they set themselves. The $3,500 to $8,750 figure is a Settled Estate estimate built from a stated hours band and the state's average attorney hourly rate, not a quote; a contested estate or one with real property runs higher.

Court costs are separate. Estimate them with the Illinois fee calculator, and see how Illinois compares in the cost of probate by state study.