Illinois
Illinois Probate Costs: Small Estate Affidavit and Full Probate (2026)
Illinois probate costs vary significantly depending on whether your estate qualifies for the streamlined small estate affidavit or requires full probate.
Small Estate Affidavit Costs ($150,000 or Less)
| Expense | Cost |
|---|---|
| Death certificates (10) | $100 - $200 |
| Notary (in-person cap $5 per signature, 5 ILCS 312/3-104) | $5 |
| Document copies | $20 - $50 |
| Postage and misc. | $20 - $50 |
| Total | $145 - $305 |
Many estates finish in a few weeks at low cost, and many people complete this step without an attorney.
Full Probate Costs (Over $150,000 or With Real Property)
Illinois courts generally do not allow a non-attorney to represent an estate in a probate case (In re Estate of Mattson, 2019 IL App (1st) 180805), and the Cook County Clerk says you need an attorney to open a probate estate.
| Expense | Cost |
|---|---|
| Probate court filing fee (varies by county; typical ranges, not quotes) | Varies by county |
| Death certificates and notices | $150 - $250 |
| Probate attorney fees (flat fee typical) | $4,000 - $7,000 |
| Inventory filing and court costs | $100 - $200 |
| CPA/tax services (if needed) | $1,000 - $2,000 |
| Appraisals (if real property) | $500 - $2,000 |
| Total | $6,050 - $11,850 |
Illustrative Example: $200,000 Illinois Estate (Cook County)
If assets exceed $150,000 or include real property, full probate is generally the route, although Illinois also has summary administration for estates worth $100,000 or less including real estate when all heirs and legatees consent (755 ILCS 5/9-8). Each distributee must post a bond and notice is published before the hearing (755 ILCS 5/9-8). An attorney is generally required to open an Illinois probate estate (see the notice above).
| Item | Cost |
|---|---|
| Court filing (Cook County: $479 to open the case, plus appearance fees listed on the Clerk's schedule (CCP-0607, 10/01/25); confirm with the Clerk) | $479 and up |
| Death certificates and notices | $150 - $250 |
| Attorney (flat fee) | $4,500 - $6,000 |
| Tax services | $800 - $1,200 |
| Miscellaneous | $200 - $300 |
| Total | $6,130 - $8,230, plus any appearance fees |
This represents about 3 to 4% of estate value.
Ways to Reduce Costs
- Use small estate affidavit if eligible (can reduce costs substantially)
- Negotiate flat fee with attorney (more predictable)
- Keep organized records (reduces attorney time)
- Handle routine tasks yourself (collect documents, notify institutions)
- Use ExecutorBench ($199 guided or $499 complete) to keep tasks and deadlines organized, alongside advice from an attorney when you need it
Use ExecutorBench's probate cost estimator to get an estimate for your Illinois estate.
Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. Costs vary by county and complexity. Consult an attorney licensed in Illinois for a specific quote.
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