How much does probate cost in Illinois?

Illinois uses reasonable compensation for probate fees, typically 1.9-3% of the estate value for attorney fees alone (755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)). A trust avoids probate costs entirely.

What is the small estate limit in Illinois?

Estates with personal property under $150,000 may qualify for Small Estate Affidavit in Illinois (755 ILCS 5/6-4, 5/9-4 (appointment), 5/12-2, 5/12-4 (bond), 5/14-1, 5/14-2 (inventory/appraisal), 5/18-3 (creditor notice), 5/25-1 (small estate), 5/27-1, 5/27-2 (fees), 5/28-1, 5/28-2 (independent admin)). This process is faster and less expensive than full probate, but a trust still avoids it entirely.

How long does probate take in Illinois?

Simple estates in Illinois typically take 6-9 months through probate. Complex estates with disputes or multiple properties can take 14-24 months or longer (755 ILCS 5/6-4, 5/9-4 (appointment), 5/12-2, 5/12-4 (bond), 5/14-1, 5/14-2 (inventory/appraisal), 5/18-3 (creditor notice), 5/25-1 (small estate), 5/27-1, 5/27-2 (fees), 5/28-1, 5/28-2 (independent admin)). A revocable trust avoids probate entirely, with assets typically distributed within weeks.

What is the difference between a trust and a will in Illinois?

A will goes through probate in Illinois; a trust does not. Probate adds cost, time, and public disclosure. The trade-off is upfront setup cost for a trust versus potential probate costs later.

How do I estimate what probate would cost in Illinois?

A state-specific probate calculator estimates attorney fees, executor fees, court costs, and the probate timeline based on Illinois statutes and your estate value (755 ILCS 5/6-4, 5/9-4 (appointment), 5/12-2, 5/12-4 (bond), 5/14-1, 5/14-2 (inventory/appraisal), 5/18-3 (creditor notice), 5/25-1 (small estate), 5/27-1, 5/27-2 (fees), 5/28-1, 5/28-2 (independent admin)).

Do I Need a Trust in Illinois?

Find out if a revocable living trust makes sense in Illinois based on your estate value, property, and family situation. Free assessment with probate cost estimates.

Do you need a revocable trust?

Answer a few questions to see how people in similar situations typically plan, based on your state's laws.

Without a trust — assets go through probate court

With a trust — assets transfer privately, no court

This tool provides general information and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

Frequently Asked Questions

It depends on your estate size. Illinois allows simplified probate for estates under $150,000. Above that threshold, probate takes 6-9 months and costs about $29,820 on a $500,000 estate. A trust avoids probate entirely.

Illinois uses reasonable compensation for probate fees, typically 1.9-3% of the estate value for attorney fees alone. A trust avoids probate costs entirely. See a detailed breakdown with the Illinois probate calculator.

Estates with personal property under $150,000 may qualify for Small Estate Affidavit in Illinois. This process is faster and less expensive than full probate, but a trust still avoids it entirely.

Simple estates in Illinois typically take 6-9 months through probate. Complex estates with disputes or multiple properties can take 14-24 months or longer. A revocable trust avoids probate entirely, with assets typically distributed within weeks.

A properly funded revocable trust in Illinois avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6-9 month minimum probate timeline. Assets in the trust transfer directly to beneficiaries.

A will goes through probate in Illinois; a trust does not. Probate adds cost, time, and public disclosure. Compare the full trade-offs with the Illinois trust vs. will comparison.

The Illinois probate calculator estimates attorney fees, executor fees, court costs, and the probate timeline based on Illinois statutes and your estate value.

Do You Need a Trust in Illinois?

Attorney fees in Illinois are based on reasonable compensation, typically 1.9% to 3% of the estate. There's room to negotiate, but the cost still comes out of the estate. A trust avoids these fees entirely, regardless of estate size — see the calculator for Illinois-specific numbers via the probate calculator.

Estates under $150,000 in Illinois qualify for the small-estate affidavit, which means a trust isn't strictly necessary at that size. Above the threshold, the calculus changes: probate fees, the 6 months-9 months timeline, and public record exposure all start to matter.

If the math comes out in favor of a trust, the Illinois revocable trust form handles the document. To weigh it directly against a will-based plan, use the Illinois trust or will tool.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Illinois statutes and official state code. How we research.

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