How Much Does Probate Cost in Illinois?

Probate in Illinois is expensive enough that avoiding it is often worth the upfront cost of estate planning. Between court filing fees, mandatory publication costs, attorney fees, and executor bond premiums, even a straightforward estate can spend $5,000 to $15,000 on administrative costs before a single asset reaches the beneficiaries.

Here is what each component actually costs.

Court Filing Fees

Every probate case starts with a filing fee paid to the circuit court clerk. These fees vary by county:

Cook County is the most expensive in the state. Downstate and suburban counties typically charge $300 to $400. These fees are non-refundable and due when the petition for Letters of Office is filed.

Attorney Fees

Illinois does not set probate attorney fees by statute — they are negotiated between the executor and the attorney. Typical arrangements:

• Hourly billing: $250 to $500 per hour, depending on the attorney's experience and location (Chicago attorneys generally charge more than downstate)
• Flat fee for simple estates: $3,000 to $5,000 for an uncontested estate with straightforward assets
• Complex estates: $7,000 to $15,000 or more for estates involving real estate in multiple counties, contested claims, will disputes, or estate tax filings

Attorney fees are the largest single cost in most probate cases. They are paid from estate assets before distribution to beneficiaries.

Executor Bond Premium

Unless the will specifically waives the bond requirement, the court may require the executor to post a surety bond. The bond protects beneficiaries against executor misconduct.

Cook County's standard formula sets the bond at 1.5 times the value of personal estate assets. For a $150,000 personal estate, the bond would be set at $225,000, with an annual premium of approximately $460 to $600.

The bond premium is paid every year the estate remains open — and Illinois probate cases typically take 12 to 18 months for uncontested estates.

A well-drafted will includes a bond waiver clause that eliminates this cost entirely.

Creditor Publication Costs

Illinois law requires the executor to publish a notice to unknown creditors in a local newspaper once a week for three consecutive weeks. Publication costs vary by newspaper and county:

• Small-town or suburban papers: $100 to $200
• Chicago-area papers (Tribune, Daily Herald): $200 to $500

Additionally, known creditors must be notified by direct mail, adding postage and certified mail costs.

Other Costs

• Certified death certificates: $19 for the first copy, $4 for each additional copy (Illinois Department of Public Health). Most estates need 8 to 12 certified copies for banks, brokerages, and insurance companies.
• Real estate appraisals: $300 to $500 per property if real estate is part of the probate estate
• Tax preparation: $500 to $2,000 for fiduciary income tax returns (Form 1041 and IL-1041) and estate tax returns (Form 700) if applicable
• Vehicle title transfers: $165 flat transfer fee plus $151 for registration and plates

Total Cost Estimates

How to Reduce or Avoid These Costs

The most effective strategy is structuring assets to bypass probate entirely:

• Transfer on Death Instruments (TODIs) for real estate
• Payable-on-death (POD) designations for bank accounts
• Transfer-on-death (TOD) registrations for investment accounts
• Beneficiary designations on retirement accounts and life insurance
• Joint tenancy with right of survivorship for property shared with a spouse

If the estate qualifies — personal property under $150,000 with no real estate — a Small Estate Affidavit under 755 ILCS 5/25-1 bypasses probate court entirely.

The Illinois Basic Estate Planning Kit walks through each of these strategies with checklists for verifying that every asset has a probate-avoidance mechanism in place.

See more Illinois guides →