Illinois estate administration

Illinois probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $150,000

In Illinois, estates up to $150,000 can use the small-estate route; executor pay is whatever the court finds reasonable (755 ILCS 5/27-1); and creditors get at least six months after first publication, or three months after mailed notice if later, two years after death at most. In Illinois, decedents' estates are administered in the Circuit Court of the county of residence. Personal estates of $150,000 or less (excluding SoS-registered motor vehicles) can be handled with a small estate affidavit instead of full probate. Filing fees are set by each county's circuit clerk.

Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .

Answer first

Illinois simplified probate route

Up to $150,000; waiting period not verified. Source: 755 ILCS 5/25-1.

Small estate affidavit (755 ILCS 5/25-1)

No combined Illinois probate total

The Circuit Court where the estate is opened sets or collects the filing charge. Executor pay is reasonable compensation (755 ILCS 5/27-1), not a rate. Each side in full: Illinois probate filing cost and Illinois executor fees.

Screen a specific Illinois estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.

What the reviewed rules establish

Simplified route

$150,000

Small estate affidavit (755 ILCS 5/25-1); waiting period not verified.

Eligibility and caveats

Executor compensation

Court-reviewed

No percentage schedule; the court decides what is reasonable. Source: 755 ILCS 5/27-1.

Compensation detail

Statutes read in full for Illinois

Read on the enacting state’s own site, with the date each was read.

CitationWhat reading it establishedRead on
705 ILCS 105/27.1bIllinois sets a statutory ceiling on the filing fee and lets each county board fix the actual number underneath it — court and filing cost note2026-09-17
755 ILCS 5/18-12Illinois bars a claim by what the notice said, and backstops it at two years — creditor deadline note2026-09-17
755 ILCS 5/25-1Illinois counts motor vehicles outside its $150,000 affidavit ceiling — small estate route note2026-09-17
755 ILCS 5/27-1Illinois sets no rate, but it does name people who may not be paid at all — representative pay note2026-09-17

Illinois decision map

The four facts that change the Illinois route

Each Illinois answer below links to the page that sets out its source.

Illinois estate administration decision map
QuestionRecorded Illinois answer
What route is being screened?Small estate affidavit (755 ILCS 5/25-1)
What property and basis count?personal probate property only; gross value for this route.
What is the amount screen?$150,000
What is the time or deadline record?No waiting-period number verified; creditor deadlines: separate clocks by triggering event
What does the cost record establish?No single statewide amount is published here; confirm the receiving court's current schedule.
What does compensation use?Reasonable compensation set by the court, measured on the estate accounting.

What Illinois courts publish

Each link goes to the court’s own page and is checked before every release.

Limits on court material

  • Illinois probate is heard in the Circuit Court of the county where the decedent lived; the small estate affidavit under 755 ILCS 5/25-1 avoids opening a probate estate. Filing fees are set by each circuit clerk.

Illinois primary sources

Each rule on the Illinois pages comes from one of these 4 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.

  1. Simplified-procedure rule

    755 ILCS 5/25-1, Small estate affidavit.

    Illinois General Assembly · (Source: P.A. 104-346, eff. 8-15-25.)

  2. Executor compensation rule

    755 ILCS 5/27-1, Fees of representative.

    Illinois General Assembly · (Source: P.A. 102-72, eff. 1-1-22 .)

  3. Creditor deadline rule

    755 ILCS 5/18-3, Notice - Publication.

    Illinois General Assembly · (Source: P.A. 86-815.)

  4. Creditor deadline rule

    755 ILCS 5/18-12, Limitations on payment of claims.

    Illinois General Assembly · (Source: P.A. 89-21, eff. 7-1-95; 89-686, eff. 12-31-96.)

Sources rechecked October 3, 2026: Illinois source list · how sources are checked · report a correction