US Probate Calculator
Illinois Statutory Schedule (2026)

Illinois Probate Fee & Executor Commission Calculator

Estimate attorney statutory fees, personal representative commissions, and court filing costs under 755 ILCS 5/27-1.

2026 Statutory Probate Costs Updated

Calculate Illinois Probate Costs

Choose your state, enter your gross estate value, and optional asset details below to view instant cost breakdowns and statutory limits.

Total assets in probate
$
$10k $1M $2.5M $5M+
$

Included inside Gross Probate value above.

$

401ks, joint accounts & trusts bypass probate.

California Probate Code § 10800 & § 10810

California enforces strict statutory fees for both attorneys and executors. Fees are calculated on gross estate value without deducting mortgages.

Small Estate Eligible

Estate is below the $184,500 threshold for simplified procedure.

Estimated Total Probate Fees
$26,435 5.29%

Combined statutory attorney, executor & court costs

Attorney Statutory Fee: $13,000
Executor Commission: $13,000
Court Filing Fee: $435
Total Estate Value (Inc. Non-Probate): $500,000
Gross probate ($500,000) + Non-probate ($0)
Estimated Net to Beneficiaries
$473,565
Includes net probate assets plus non-probate transfers

Calculated under California Probate Code § 10800.

Overview of Illinois Probate Laws & Fee Guidelines

In Illinois, probate administration is governed under court-approved reasonable fee benchmarks pursuant to 755 ILCS 5/27-1. Local probate judges evaluate fiduciary and attorney compensation based on estate complexity, time expended, and customary county standards.

In Illinois, probate administration costs consist of three core components: attorney fees, executor commissions, and court filing costs. Total probate costs are calculated based on the gross value of all probate assets (including real estate) without deducting existing mortgages or liabilities.

Illinois Legal Nuance & Key State Quirk

Illinois allows Independent Administration under 755 ILCS 5/28-1, letting executors manage assets without court supervision unless an interested party objects or requests Supervised Administration.

Illinois Probate Process & Fee Schedule Overview

Illinois probate is conducted under the Probate Act of 1975 (755 ILCS 5/). Personal representative and attorney compensation is evaluated on a reasonable fee standard under 755 ILCS 5/27-1. Illinois permits Independent Administration, allowing executors to act autonomously. Estates valued at $100,000 or less with no real estate disputes qualify for Small Estate Affidavit settlement.

Fee Calculation Type
sliding scale
Small Estate Limit
$100,000
Base Court Petition Fee
$350

Executor & Personal Representative Commission Rules in Illinois

The executor or administrator of an estate in Illinois assumes significant fiduciary responsibilities, including inventorying property, paying creditors, filing tax returns, and distributing assets. Under 755 ILCS 5/27-1, executors are legally entitled to reasonable compensation or statutory commissions for their time and effort.

Key rules governing executor commissions in Illinois:

  • Statutory Rates & Sliding Scales: Commissions are evaluated on a structured tiered scale or reasonable percentage curve based on gross probate property value.
  • Tax Implications: Executor fees are treated as taxable ordinary income. Family member executors often choose to waive fees to receive a tax-free inheritance instead.
  • Extraordinary Services: If the executor performs exceptional duties (such as conducting ongoing business operations or litigating tax disputes), the court may grant additional extraordinary fees.

Attorney Statutory Fees & Court Costs in Illinois

Retaining experienced legal counsel is customary for formal probate in Illinois. Attorney fees are either mandated by state statutory fee schedules (such as California and Florida) or determined by court-approved reasonable rates.

In addition to legal fees, estate administration incurs unavoidable court fees:

1
Initial Petition Filing Fee
Baseline court filing fee of approximately $350 required upon filing probate petition.
2
Publication & Notice Fees
Mandatory legal notices published in local newspapers to notify potential creditors.
3
Probate Referee / Appraisal Fees
Official court-appointed appraisals required for valuing real estate and physical property.

Small Estate Affidavit & Non-Probate Asset Exemption

Not all estates in Illinois require full court probate. If the total gross probate value is equal to or less than $100,000, beneficiaries may utilize Small Estate Affidavit to transfer property rapidly without formal court intervention.

Furthermore, assets that bypass probate entirely in Illinois include:

Revocable Living Trusts
Joint Tenancy with Right of Survivorship
Payable-on-Death (POD) Accounts
401(k)s & IRAs with Named Beneficiaries

Frequently Asked Questions (Illinois Probate)

How are probate fees calculated in Illinois?
In Illinois, probate fees are determined under 755 ILCS 5/27-1. Compensation for personal representatives and attorneys is evaluated based on estate complexity, gross asset valuation ($500,000 baseline estimate: $28,986.36), and court filing guidelines.
What is the small estate limit in Illinois?
The small estate affidavit threshold in Illinois is $100,000. Estates valued under this cap may bypass formal court administration using Small Estate Affidavit.
Are executor commissions mandatory in Illinois?
Executors and personal representatives in Illinois are legally entitled to statutory compensation or reasonable fees for their fiduciary duties. However, family members acting as executors frequently waive these commissions to avoid personal income taxation.
Which assets bypass probate in Illinois?
Non-probate assets in Illinois include living revocable trusts, real estate held in joint tenancy with rights of survivorship, bank accounts with Payable-on-Death (POD) designations, and retirement accounts (401k/IRA) with named beneficiaries.
How long does probate take in Illinois?
Independent probate administration in Illinois typically takes 9 to 14 months, controlled by the mandatory 6-month publication period for claims.
What is Illinois Independent Administration?
Independent Administration allows an Illinois executor to inventory, pay debts, and distribute assets without obtaining prior court approval for each transaction.