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How much does it cost to file probate in Illinois?

Opening a decedent's estate in Cook County costs $479 on the Clerk of the Circuit Court's Probate Division fee schedule — for an intestate estate under independent administration or for letters of administration to collect — and anyone who appears in the case pays a $250 appearance fee. Guardianship of a disabled person files at $379; guardianship of a minor is free.

Illinois probate fees at a glance (Cook County)

The figures are the Clerk of the Circuit Court of Cook County's own schedules: the Probate Division fee schedule lists the decedent-estate filings (independent administration and letters to collect) at $479 with a $250 appearance fee, disabled-person guardianships at $379 with the same appearance fee, and minor guardianships at no charge, while the Clerk's Miscellaneous Fee Schedule prices claims against an estate on a three-tier scale — $40, $55 and $75 by amount — and charges $25 for each account filed. Outside Cook County the numbers are set within the ranges authorised by 705 ILCS 105/27.1a(v), which caps the clerk's charge for administering a decedent's estate well below Cook's schedule total once every statutory add-on is counted; the working rule is that Cook County is the state's expensive end and downstate counties file the same petition for materially less. Illinois charges no percentage-of-estate probate tax, so unlike California or Florida the size of the estate does not change the clerk's bill — only the filings do. The national comparison is on the probate court costs hub.

Independent administration and the $100,000 small estate line

Most Illinois estates run under independent administration (755 ILCS 5/28-1 et seq.): the representative is appointed, publishes notice to creditors, files an inventory, and then administers the estate largely without court orders, closing by filing a final report. Supervised administration exists for contested or complicated estates and multiplies filings — and therefore clerk charges like the $25 per-account fee. Below probate entirely, Illinois's small estate affidavit (755 ILCS 5/25-1) transfers a decedent's personal property without any court case where the gross value of the personal estate does not exceed $100,000 and no real estate needs to pass through the proceeding — the affidavit route costs no filing fee at all, though institutions may charge their own paperwork charges. Estates between the affidavit ceiling and a full administration sometimes qualify for summary administration under Article XXIV where all beneficiaries consent and debts are handled. Choosing the right door is the biggest cost decision in Illinois probate: the same estate can cost $0 of clerk fees by affidavit, $479 plus an inventory cycle under independent administration, or a running meter of motion and account fees under supervision.

How the case runs

1. File the petition for probate of the will (or for letters of administration if there is no will) with the circuit clerk in the county of the decedent's residence, with the original will and a certified death certificate $479 in Cook County
2. The court appoints the representative and issues letters of office; interested parties who enter the case file appearances $250 appearance fee in Cook County
3. Publish notice to creditors once a week for three consecutive weeks; claims against the estate must be filed within the statutory claims period — creditors pay the tiered claim fee $40 / $55 / $75 by amount in Cook County
4. File the inventory within 60 days of appointment; administer, pay claims and taxes, and account as the administration type requires $25 per account filed, Cook County miscellaneous schedule
5. Close by final report (independent administration) or by court-supervised accounting and distribution, and obtain certified copies of the closing order

What probate really costs beyond the clerk

The $479 is the court's price, not the estate's. Illinois representatives and attorneys are entitled to reasonable compensation under 755 ILCS 5/27-1 and 27-2 — Illinois has no statutory percentage commission like California's, so fees are negotiated or reviewed by the court, and in a straightforward estate the attorney's bill is normally the largest cost by far; no official schedule publishes it and this page does not estimate it. Creditor-claim publication is paid to the newspaper, not the clerk. Bond premiums, where a bond is required and not waived by the will, are paid to the surety. The recurring clerk-side costs are the ones in the table: appearance fees for parties who formally enter, tiered claim fees for creditors, and per-account charges in supervised cases. For the flat-fee and percentage systems elsewhere, see Texas probate costs, Florida probate costs and California probate costs.

Can't afford the fee?

Illinois's general fee-waiver statute (735 ILCS 5/5-105) and the statewide Application for Waiver of Court Fees cover probate filings: a representative filing on behalf of an insolvent or tiny estate can ask the court to waive the $479 where the statutory indigency standards are met, and estates themselves normally reimburse the petitioner once letters issue, because administration expenses are paid from estate funds ahead of distribution. See the fee waiver guide.

Sources: Clerk of the Circuit Court of Cook County — Probate Division Fee Schedule (independent administration / letters to collect $479; appearance $250; disabled-person guardianship $379; minor guardianship $0) and Miscellaneous Fee Schedule (estate claims $40/$55/$75; each account $25) · 705 ILCS 105/27.1a(v) (statutory probate fee ranges) · 755 ILCS 5/25-1 ($100,000 small estate affidavit), 5/27-1 and 27-2 (reasonable compensation), 5/28-1 et seq. (independent administration) · 735 ILCS 5/5-105 (fee waiver). Last verified: October 2026 — confirm current figures with your circuit court clerk.