What You Need to Know About Probate in Illinois: Costs, Process, and What Happens Without a Will

If you’ve recently lost a loved one, you may be hearing the word “probate” a lot—and wondering what it really means for you. In Illinois, probate is the legal process for settling someone’s estate after they pass away. It can involve court filings, attorney help, and time. But with a little guidance, you can navigate it more easily. This guide breaks down the most common probate-related questions people in Illinois have, from costs to timelines to what happens if there’s no will.

What Is Probate in Illinois?

Probate is the court-supervised process of administering a deceased person’s estate. If the person left a will, the court ensures it’s valid and that the named executor follows its instructions. If there’s no will, the estate is distributed according to Illinois’ intestacy laws.

Not all estates have to go through probate. Not all estates have to go through probate. In Illinois, if the total value of assets (excluding jointly owned property and assets with named beneficiaries) is under $100,000, an affidavit process may be available instead. This is known as the Small Estate Affidavit. It allows an heir to collect and distribute property without opening a probate estate in court.

To qualify, the estate must:

• Be valued at $100,000 or less
• Have no real estate
• Not be subject to any pending disputes or creditor issues

The person completing the affidavit must swear that they are legally entitled to the assets and that all known debts and claims will be resolved appropriately.

You can access the Illinois Small Estate Affidavit form through the Secretary of State’s website here: Illinois Small Estate Affidavit Form (PDF)

➡️ Learn more: “What Happens If You Die Without an Estate Plan”

How Much Does Probate Cost in Illinois?

The cost of probate varies depending on the size and complexity of the estate, whether there are disputes, and how organized the records are. Here are some typical costs:

• Court filing fees: These can range from $250 to $400 depending on the county. As of July 2025, filing fees for the following counties are:
  • St. Clair County: $366
  • Madison County: $364
  • Monroe County: $376
  • Sangamon County: $377
  • Cook County: $479
• Publication costs: Legal notices published in newspapers typically cost between $150 and $500, depending on the publication and required duration. Illinois law (755 ILCS 5/18-3) requires that notice to unknown creditors be published once a week for three consecutive weeks in a newspaper of general circulation in the county where the estate is administered. If publication is not properly done, the claims period can extend up to two years instead of the typical six months.
• Surety bond: If required, this can cost between 0.5% to 1% of the estate’s value annually. For a $200,000 estate, that could mean $1,000 to $2,000 per year unless waived by the will or court.
• Executor compensation: Illinois law allows for “reasonable compensation” based on time and effort. In many cases, executors are paid 2% to 5% of the estate’s value, unless they waive payment.
• Attorney fees: Most probate attorneys in Illinois charge hourly rates ranging from $250 to $500. Alternatively, Attorneys may charge a percentage of the gross estate value—typically between 2% and 5%, depending on the size and complexity of the estate. As discussed in our blog post, total legal fees often range from $5,000 to $7,000 for uncontested matters involving estates valued between $100,000 and $400,000, but fees can be significantly higher in complex or litigated cases.

➡️ Learn more: “How Much Does Probate Cost in Illinois?”

Cost of Probate in Illinois: Who Pays?

Probate costs are paid out of the estate, not by the executor or surviving family. The court may authorize partial distributions along the way, but final expenses and attorney fees are typically settled before the estate is closed.

But what happens if the estate doesn’t have enough assets to cover all debts and expenses? Illinois law treats this as an insolvent estate. In such cases, the estate’s assets are used to pay creditors in a statutory order of priority under 755 ILCS 5/18-14. High-priority claims such as administrative costs (including attorney and court fees), funeral expenses, and federal taxes are paid first. Lower-priority claims may receive only a partial payment—or none at all.

Importantly, beneficiaries do not inherit until all valid debts are paid. If debts exceed assets, heirs may receive nothing. However, in most situations, heirs are not personally liable for the deceased’s debts unless they were co-signers or otherwise legally obligated.

How Long Does Probate Take in Illinois?

The probate process in Illinois takes at least six months, but often lasts 9–15 months or more depending on:

• Number and complexity of assets
• Court scheduling delays
• Creditor claims
• Disputes among heirs or beneficiaries

Estates that are organized and uncontested will typically move faster.

➡️ Related article: “What Is the Probate Timeline in Illinois?”

Who Inherits With and Without a Will in Illinois?

Whether a person dies with or without a will makes a major difference in who inherits their property. If there is a valid will, the probate court ensures the estate is distributed according to the terms of that document. The will typically names an executor and specifies which beneficiaries are entitled to which assets.

However, if someone dies without a will—known as dying “intestate”—the probate court must distribute the estate according to Illinois’ intestacy laws. This often leads to results that the decedent might not have intended.

For example, when a married person dies intestate:

• If they leave no children, the surviving spouse inherits the entire estate
• If they leave children, the estate is split: half goes to the surviving spouse, and the other half is divided equally among the children

This division can come as a surprise and may create hardship—especially when the bulk of the estate consists of a home or other non-liquid assets.

Illinois intestacy law (755 ILCS 5/2-1) establishes the following order of inheritance:

• Spouse and descendants (children or grandchildren)
• If there are no descendants, the estate passes to parents and siblings
• If none, then to more distant relatives in a prescribed order

Unmarried partners, stepchildren, and close friends are not entitled to inherit anything unless they are specifically named in a valid estate plan.

📚 Explore the full article: “What Happens If You Die Without a Will in Illinois: A Guide to Intestacy and Probate”

Probate Attorney Near Me: Do You Need One?

While it’s possible to handle small, uncontested estates without a lawyer, hiring an experienced probate attorney can make the process smoother and ensure legal compliance. A probate attorney can:

• Prepare court filings
• Communicate with creditors and heirs
• Help locate and value assets
• Minimize delays

If you’re in Monroe, St. Clair, or Madison County, we offer compassionate legal support throughout the probate process.

➡️ Contact our office or book a consultation

Need Help With Probate in Illinois?

At A.H.Steinmetz, Ltd., we guide families through probate with clarity and compassion. We serve clients throughout the Metro East and Greater St. Louis area, including Monroe, St. Clair, and Madison Counties.

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