Illinois allows estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less to use the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. There is no statutory waiting period.

Probate costs in Illinois typically include attorney fees of typically 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, roughly 5% of estate value, varying with complexity. Estimate executor compensation separately with the Illinois executor fee calculator.

Illinois intestacy law decides. Illinois follows separate property rules755 ILCS 5/2-1Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents and siblings; Grandparents and their descendants; Great-grandparents and their descendants; Nearest kindred; The county, and the State of Illinois755 ILCS 5/2-1Verified Sep 10, 2026View source.

Yes. Illinois imposes a state estate tax35 ILCS 405/2Verified Sep 15, 2026View source on an estate above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source, separate from and in addition to the federal estate tax. Illinois has no inheritance tax on the beneficiary.

A will in Illinois costs what the provider charges. An online service runs $0 to $299 up front. An attorney in Illinois charges around $334Clio Compare Lawyer Rates, Illinois: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates, which puts a simple will at $1,002Estimate: 3 hours at $334, Clio's Illinois Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,004Estimate: 6 hours at $334, Clio's Illinois Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source. The document is only part of the cost: probate adds about $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate in fees the heirs pay later.