Illinois Probate Cost: Flat County Filing Fees, Not a Percentage
Illinois probate court costs are flat per-case charges that never scale with estate value. Each county board sets its filing fee within statutory caps, every decedent estate adds a flat statewide $100 fee, and executor and attorney compensation follow a reasonable-fee standard with no statutory percentage.
Illinois probate cost planning starts with one fact that separates it from percentage-fee states: nothing in the fee statute scales with the size of the estate. The clerk of the circuit court charges a flat filing fee set by the county board within the caps in 705 ILCS 105/27.1b (probate filings are Schedule 2, capped at $362 in a county of 3,000,000 or more, which is Cook alone, and $266 in every other county), and every decedent estate administration filing adds the uniform statewide $100 guardianship and advocacy operations fee under 705 ILCS 105/27.3f. Published all-in totals to open a decedent estate run about $364 in Madison County, $414 in Will County, and $479 in Cook County.
The second fact is that Illinois publishes no compensation percentage. A representative is entitled to reasonable compensation (755 ILCS 5/27-1) and so is the attorney for the representative (755 ILCS 5/27-2), with the probate court reviewing what is reasonable. There is no statutory schedule and no official guideline rate, so any percentage figure would be an estimate with no legal basis. Beyond the filing fee, plan for publication of the creditor notice, certified copies of letters of office, any bond premium, and professional help. The small estate affidavit avoids court entirely and costs nothing to file.
Quick Summary
- Open a decedent estate
- $364-$479Published county totals, including the $100 statewide fee
- Statewide fee
- $100Guardianship and advocacy operations (705 ILCS 105/27.3f)
- Small estate affidavit
- $0Personal estate up to $150,000; never filed with the court
- Executor & attorney fees
- No %Reasonable compensation set by the court
Illinois circuit clerk fees are set by each county board by ordinance within the statutory caps, and some counties stack separately authorized charges (Kane and Will may add up to $30 under 705 ILCS 105/27.1b(b-5)). Published all-in totals to open a decedent estate therefore differ by county: about $364 in Madison County, $414 in Will County, and $479 in Cook County on their current schedules, each already including the statewide $100 fee. Cook publishes a total above the Schedule 2 cap plus that $100 and does not itemize the difference, so read these as published totals rather than a formula. Publication costs are paid directly to the newspaper and recording fees are set outside the probate code. Confirm the current total with the circuit clerk of the county where the estate will be opened.
Typical Total Cost Ranges
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Small Estate Affidavit | Personal estate of $150,000 or less, excluding registered motor vehicles, for a death on or after August 15, 2025 (755 ILCS 5/25-1) | $0; the affidavit is delivered to the property holder, not filed with the court | No waiting period; available as soon as the documents are ready | No statutory requirement | Personal property alone, within the statutory limit, with no contested debts |
| Summary Administration | Gross real and personal estate subject to administration in Illinois of $100,000 or less, with written consent of every heir and legatee (755 ILCS 5/9-8) | About $364 to $479 in published county totals, including the $100 fee under 705 ILCS 105/27.3f | Notice published once a week for 3 successive weeks, hearing at least 30 days after first publication | No statutory requirement; the consent and refund-bond rules often call for counsel | Small estates that include real estate or need a court order, where every heir and legatee agrees |
| Independent Administration | No dollar cap; granted unless the will forbids it or an interested person successfully objects (755 ILCS 5/28-2) | About $364 to $479 in published county totals, including the statewide $100 fee | Commonly 6 months to a year or more, driven by the published creditor-claim window | No statutory requirement; most estates use counsel | Most estates that need letters of office but have cooperative heirs and no serious dispute |
| Supervised Administration | No dollar cap; used when the will requires it or an interested person objects to independent administration (755 ILCS 5/24-1) | About $364 to $479 in published county totals, including the statewide $100 fee | Commonly 6 months to well over a year, with court review of major steps | No statutory requirement; counsel is the norm | Contested estates, unclear heirship, or beneficiaries who want each step reviewed |
Additional Costs to Expect
Statewide Guardianship and Advocacy Operations Fee
A flat $100 fee for administration of the estate of a decedent, testate or intestate, or of a missing person, collected by every circuit clerk in addition to all other fees (705 ILCS 105/27.3f). It funds the Guardianship and Advocacy Commission. The court may suspend, reduce, or release it for good cause, and it is not charged to an indigent person or in a minor guardianship under Article XI of the Probate Act. It is already included in the published county totals above.
Representative and Attorney Compensation
Under 755 ILCS 5/27-1 a representative is entitled to reasonable compensation, and under 755 ILCS 5/27-2 so is the attorney for the representative. Illinois sets no percentage, no fee schedule, and no published guideline rate, so no dollar figure or percentage of the estate can be quoted in advance. The probate court reviews reasonableness against factors such as time, effort, the size of the estate, and the results obtained, and awarded fees are administration expenses paid from the estate as first-class claims under 755 ILCS 5/18-10. An attorney who withdraws must petition for fees within 30 days after the court approves the withdrawal (755 ILCS 5/27-2(b)).
Appearance Fees
Under 705 ILCS 105/27.1b(v)(4) there is no fee for the appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, and none for anyone appearing only to consent. The paid Schedule 1 appearance fee falls on other parties who enter an appearance, capped at $235 in Cook and $196 elsewhere. Published county amounts are $250 in Cook, $239 in Will, and $189 in Madison, which include county add-ons where applicable.
Publication of the Creditor Notice
The representative publishes notice once each week for 3 successive weeks in a newspaper published in the county and mails or delivers notice to known creditors. The claim date stated in the notice must be at least 6 months from first publication or 3 months from mailing or delivery, whichever is later (755 ILCS 5/18-3). The estate pays the newspaper directly (705 ILCS 105/27.1b(v)(8)), so the cost depends on the county and the paper.
Certified Copies of Letters of Office
Banks, brokers, and title companies usually want recently certified letters of office, so estates typically buy several copies. The clerk may charge up to $2 per page for a certified copy of letters, a court order, or other certification, and up to $2 plus the certification fee for an exemplification (705 ILCS 105/27.1b(v)(6), (v)(7)). Will County charges $2 per certified letter of office.
Accounts and Claim Filings
The clerk may charge up to $25 for each account other than one final account (705 ILCS 105/27.1b(v)(1)). An independent representative need not present any account unless an interested person requests court accounting (755 ILCS 5/28-11(a)), so this line often does not arise. Creditors pay a claim filing fee banded by the amount of the claim, not by estate value: up to $40, $55, or $75 in Cook and up to $25, $40, or $60 elsewhere (705 ILCS 105/27.1b(v)(2)).
Fiduciary Bond Premium
A surety bond may be required unless the will excuses it or the court dispenses with it (755 ILCS 5/12-5 sets the amount). Summary administration under 755 ILCS 5/9-8 additionally requires a refund bond from each distributee with surety the court approves, so bond premiums can appear even on a small estate.
State Estate Tax
Illinois charges no probate tax, so no percentage-of-value fee applies when a will is offered or letters issue. Illinois does levy a separate state estate tax under the Illinois Estate and Generation-Skipping Transfer Tax Act (35 ILCS 405/), which applies only to estates above a $4,000,000 exclusion for deaths on or after January 1, 2013. That exclusion is a fixed statutory amount and is not indexed for inflation. Filing runs through the Illinois Attorney General rather than the probate court.
Recording, Appraisal, and Tax Preparation
Transferring real estate carries the county recorder’s own fee schedule, set outside the probate code. Real property, business interests, or unusual assets may need appraisal, and final individual and fiduciary income tax returns may need professional help. These sit outside the circuit clerk fee schedule entirely.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Illinois Medicaid estate recovery guide explains when that applies.