How Much Does Probate Cost in Illinois?
Probate on a $500,000 estate in Illinois costs an estimated $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 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 under a reasonable-compensation standard.
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 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. Check eligibility with the Illinois probate need checker.
In Illinois, simple estates typically take 6 months to 9 months, and average estates 9 months to 14 months. Complex estates with disputes, tax issues, or unusual assets take longer. The creditor claim period of 6 months755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source runs from the first publication of the creditor notice, which follows the executor's appointment.
Yes. The probate calculator on this page estimates Illinois probate attorney fees from the estate value, with 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. On a $500,000 estate, typical fees run 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 its value; the percentage runs higher on smaller estates and lower on larger ones. It shows the attorney fee alongside executor fees, court filing fees, and the total probate cost.
Illinois allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules pay755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Illinois executor fee calculator.
Is this your situation?
Get a complete guide for your specific circumstances.
Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn moreForms for Planning and Settling an Estate in Illinois
Free Illinois forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Illinois, the petition asks the Circuit Court to appoint the personal representative, whose authority is proved by Letters of Office; every appointment goes through the court755 ILCS 5/6-4, 5/9-4 (court admits the will and issues letters; no registrar/clerk informal appointment)Verified Sep 8, 2026View source.
Notice to Creditors
In Illinois, the notice to creditors is published for 3755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 6 months755 ILCS 5/18-3 (claim date not less than 6 months from first publication, or 3 months from mailing, whichever is later); 5/18-12(b) (2-year outer bar from death)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Illinois, a person named as executor may decline to serve755 ILCS 5/6-3(a); Cook County CCP 0309 (12/01/24)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In Illinois, the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source covers estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Illinois, the personal representative files the estate inventory within 60 days755 ILCS 5/14-1Verified Oct 10, 2026View source of appointment.
Estate Closing
In Illinois, the personal representative is discharged by court order755 ILCS 5/28-11(d), (e), (f); 5/24-2Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Illinois, a will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavit755 ILCS 5/4-3Verified Oct 18, 2026View source.
Tools for Planning and Settling an Estate in Illinois
Free calculators and checklists for planning or settling an estate in Illinois: will and trust costs, probate, executor pay, and inheritance taxes.
Who Inherits Without a Will?
Without a will in Illinois, a surviving spouse takes half of the estate755 ILCS 5/2-1Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpes755 ILCS 5/2-1Verified Sep 10, 2026View source.
What Are the Burial and Cremation Laws in My State?
Illinois allows you to name your own agent in advance755 ILCS 65/10Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Illinois levies an estate tax35 ILCS 405/2Verified Sep 15, 2026View source above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source (top rate 16%35 ILCS 405/2Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Illinois, beneficiaries owe no inheritance tax and the estate pays any estate tax35 ILCS 405/2Verified Sep 15, 2026View source above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Illinois take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates35 ILCS 5/201(b)(5.4) flat 4.95% rate on individuals, trusts, and estates; § 201(c)-(d) personal property tax replacement income tax; 35 ILCS 5/203 federal AGI conformityVerified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Illinois costs an estimated $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with 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. Estates under $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Illinois pays executors reasonable compensation755 ILCS 5/27-1 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
When you're ready, we're here.
Illinois Estate Planning Resources
In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.