How Much Are Attorney Fees for Probate in Illinois and Missouri?
When administering a loved one’s estate through probate, one of the most common questions is: How much will the attorney cost? Whether you’re handling probate in Illinois (e.g., St. Clair, Monroe, or Madison County) or Missouri (e.g., St. Louis County or City), it’s important to understand how attorney’s fees are determined and what to expect in terms of cost.
Illinois: Attorney Fees Must Be Reasonable
In Illinois, attorney fees for probate are governed by the “reasonableness” standard under the Illinois Probate Act (755 ILCS 5/27-2). There is no fixed statutory formula. Instead, fees must be reasonable in light of the services performed, the complexity of the estate, and the attorney’s experience. Courts will disallow fees that are excessive, especially in supervised estates or those subject to fee petitions.
Typical fee structures in Illinois:
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Hourly Rate: Most probate attorneys charge between $250 and $500 per hour, depending on their experience and location.
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Flat Fee: Although uncommon, some attorneys may offer a flat fee for simple, uncontested estates, typically in the range of $5,000 to $7,500 for estates valued between $100,000 and $400,000.
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Percentage of Estate: In some cases, attorneys may charge a percentage of the gross estate value, usually between 2% and 5%, depending on the estate’s size and complexity.
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Contested or Complex Estates: Where there are disputes, litigation, or high-value assets, fees can range from $10,000 to $20,000 or more.
Factors Affecting Fee Amount:
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Whether there is a valid will or the estate is intestate
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Number of heirs and potential for conflict
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Real estate or business assets
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Creditor claims and tax issues
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Need for court supervision or guardianship proceedings
In most cases, the fees are paid from the estate itself—not out of the executor’s or heirs’ pockets.
Learn more about Probate Administration in Illinois →
Missouri: Statutory Fee Guidelines Apply
Unlike Illinois, Missouri law provides a statutory framework for attorney fees in probate under RSMo § 473.153. Attorneys are entitled to “minimum” compensation based on the value of the estate, calculated as follows:
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5% of the first $5,000
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4% of the next $20,000
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3% of the next $75,000
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2.75% of the next $300,000
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2.5% of the next $600,000
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2% of any amount over $1 million
This statutory formula is commonly used in St. Louis County, St. Louis City, Jefferson County, and surrounding areas. Courts may approve higher compensation for extraordinary services (e.g., litigation, tax disputes, business administration), but they must be specifically justified.
Example: For a $500,000 estate, a Missouri attorney could be entitled to approximately $13,500 in statutory fees, even in a routine matter.
What Probate Attorney Fees Could Cost in Illinois and Missouri
| Estate Type | Illinois Estimate | Missouri Estimate |
|---|---|---|
| Simple, uncontested estate | $5,000 – $7,500 (flat or hourly) | $4,000 – $7,500 (statutory) |
| Moderate complexity | $7,500 – $12,000+ | $7,500 – $13,000+ |
| Contested or litigated estate | $12,000 – $20,000+ | $15,000+ (plus extraordinary fees) |
| Hourly rates (both states) | $250 – $500/hour | $250 – $500/hour |
Keep in mind that fees are not the same as court costs (e.g., filing fees, bond premiums, publication costs), which are paid separately and vary by county and case.
Internal Resources
To learn more about our probate and estate services:
Need to avoid probate? Check out our guide on transferring your home to a living trust.
External References
Contact A.H.Steinmetz, Ltd. for Probate Representation
We represent clients throughout the Metro East and Greater St. Louis region, including Monroe, St. Clair, Madison, and Clinton Counties in Illinois, and St. Louis County, St. Louis City, and surrounding Missouri jurisdictions.
📞 Call: 618-281-7618
📠 Fax: 618-281-8076
🌐 Website: www.steinmetzltd.com
📍 Office: 207 North Main Street, Suite 102, Columbia, IL 62236
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