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Title Tag: Illinois Probate Fees & Executor Compensation (2026): No Statutory Schedule - ProbatePedia
Meta Description: Unlike California, Illinois has no statutory fee schedule for executors or probate attorneys. Fees must be 'reasonable' — but what that means varies widely by estate size, county, and attorney. Here's what Illinois executors are typically paid, how attorney fees are calculated, and how to reduce total probate costs.
Illinois Probate Fees & Executor Compensation (2026)
Last Updated: March 2026 • 755 ILCS 5/27-1 et seq.• IL Series — Article 7 of 8
Illinois has no statutory fee schedule for executors or probate attorneys — unlike California (which has a detailed 4%/3%/2%/1% schedule) or New York (which has the SCPA §2307 commission schedule). Illinois law requires that executor compensation and attorney fees be 'reasonable' — and all fees paid from the estate require either beneficiary consent or court approval. In practice: executor compensation is typically 1–3% of the probate estate; attorney fees are typically $3,000–$15,000+ depending on estate size and complexity; total probate costs on a $500,000 estate typically run $15,000–$35,000. Living trust administration costs are typically 50–70% lower.
| Illinois Probate Fees — Overview | | | --- | --- | | Governing statute | 755 ILCS 5/27-1 (executor compensation); 755 ILCS 5/27-2 (attorney fees) | | Fee standard | 'Reasonable' — no statutory schedule | | Court approval required? | Yes — if any beneficiary objects; otherwise fees can be agreed among executor and beneficiaries without court filing | | Executor compensation: typical range | 1–3% of probate estate value for routine administration; higher for complex or contested matters | | Attorney fees: typical range | $3,000–$8,000 (simple estates under $300K); $8,000–$20,000+ (estates $300K–$1M); $20,000–$50,000+ (estates over $1M or contested) | | Cook County filing fee | ~$264–$574 depending on estate value (⚠ editor verify) | | Inventory preparer fee | Appraiser or CPA fees for inventory: $500–$2,500 | | Federal/IL estate tax returns | CPA/attorney fee for Form 706 + IL Form 700: $2,500–$10,000+ |
Executor Compensation in Illinois
755 ILCS 5/27-1 provides that an executor is entitled to receive 'reasonable compensation' for services. The executor may also be reimbursed for all reasonable expenses (postage, travel, copies, filing fees, etc.) paid on behalf of the estate.
| ContentEffect on Executor Compensation** | | --- | --- | | Estate size | Larger estates typically warrant higher total compensation, but lower percentage; $200K estate: ~$4,000–$8,000; $1M estate: ~$15,000–$30,000 | | Complexity | Contested estate, multiple creditors, business interests, difficult beneficiaries: higher compensation justified | | Time actually spent | Illinois courts look at actual hours and tasks performed; documentation of time helps justify compensation | | Executor is also a beneficiary | Many executors who are also beneficiaries waive compensation (it is taxable as ordinary income; inheritance is tax-free; waiving saves income tax — see below) | | Court approval | Required if any beneficiary objects; court considers all factors | | Professional executor | Banks and corporate fiduciaries charge formal fee schedules: typically 1–2% of estate value annually; appropriate for complex or disputed estates |
Should You Waive Executor Compensation? The Tax Math for Illinois Executors:
Executor compensation is ordinary income — taxable at the executor's marginal federal and Illinois income tax rate. An inheritance from the same estate is typically tax-free. For an executor who is also a beneficiary: if you are in the 22% federal bracket and 4.95% Illinois income tax bracket, $20,000 in executor compensation costs you approximately $5,390 in income tax. If you waive the compensation, you receive the equivalent value as inheritance tax-free. The breakeven: if your inheritance share is larger than the executor compensation you would receive, waiving is almost always better. Confirm with your CPA.
Attorney Fees in Illinois Probate
Illinois probate attorney fees must be reasonable (755 ILCS 5/27-2) and are subject to court approval if any beneficiary objects. Unlike California or New York, there is no statutory schedule — attorneys may charge hourly, flat fee, or percentage-based depending on the engagement agreement.
| ContentTypical RangeContentWhen Used** | | --- | --- | --- | | Hourly rate | $250–$600/hour in Cook County; $150–$350/hour downstate | Complex or contested estates; unpredictable scope | | Flat fee | $3,000–$8,000 (routine small estates) | Simple estates with predictable scope | | Percentage-based | 1–3% of probate estate | Some attorneys; court must find reasonable regardless of structure | | Combined (flat + hourly for extras) | $3,500 flat + $300/hour for contested matters | Hybrid approach; protects against scope creep |
Total Probate Cost Comparison by Estate Size
| ContentFiling FeesContentExecutor (1.5%)ContentAttorney (avg)ContentAppraisals/OtherContentTotal Est. CostContent% of Estate** | | --- | --- | --- | --- | --- | --- | --- | | $200,000 | $300 | $3,000 | $4,500 | $800 | $8,600 | 4.3% | | $500,000 | $400 | $7,500 | $9,000 | $1,200 | $18,100 | 3.6% | | $1,000,000 | $500 | $15,000 | $18,000 | $2,000 | $35,500 | 3.6% | | $2,000,000 | $574 | $30,000 | $35,000 | $3,000 | $68,574 | 3.4% | | Trust admin (same $500K estate) | $0 | $0–$3,000 | $3,000–$6,000 | $500 | $3,500–$9,500 | 0.7–1.9% |
Trust Administration Is 50–75% Cheaper Than Probate:
The total cost comparison above illustrates why a revocable living trust is financially justified for most Illinois homeowners. The trust costs $1,500–$4,000 to create — but saves $15,000–$60,000+ in probate administration costs on a typical $500K–$2M estate. The trust also saves 12–18+ months of probate time and preserves the family's privacy.
✅ Verified Legal Data — March 2026
• 755 ILCS 5/27-1 — executor compensation; 'reasonable' standard — confirmed
• 755 ILCS 5/27-2 — attorney fees; 'reasonable' standard; court approval if objection — confirmed
• No statutory fee schedule in Illinois (unlike California's 4%/3%/2%/1%) — confirmed
• Cook County filing fee range: ⚠ editor verify current Cook County Circuit Court fee schedule
• Illinois income tax rate: 4.95% flat (as of March 2026) — ⚠ editor verify current rate
• Executor compensation taxable as ordinary income; inheritance generally income tax-free — confirmed
Series Navigation:
IL-1 → How to Avoid Probate in Illinois
IL-2 → Illinois Probate Process — Circuit Court
IL-3 → Illinois Small Estate Affidavit ($100,000)
IL-4 → Illinois Transfer on Death Instrument (TODI)
IL-5 → Illinois Revocable Living Trust
IL-6 → Illinois Estate Tax — The $4M Cliff No One Talks About
IL-7 → Illinois Probate Fees & Executor Compensation
IL-8 → Illinois Living Trust vs. Will
probatepedia.com · /illinois/probate-process/fees/ · IL-7 of 8 · v1.0 March 2026