Illinois Probate Filing Fees

State:
Illinois
Control #:
IL-SKU-1275
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Description

Probate Filing Fees

Illinois Probate Filing Fees are the fees charged by the State of Illinois for the filing of probate documents, such as a Petition for Probate, Letters of Office, or a Petition for Administration. These fees vary depending on the type of probate document being filed. The most common types of Illinois Probate Filing Fees are: • Petition for Probate: $391 • Letters of Office: $156 • Petition for Administration: $306 • Petition for Summary Administration: $156 • Small Estate Affidavit: $156 • Objection to the Petition: $156 • Final Accounting: $156 • Final Distribution to Beneficiaries: $156 • Petition for Discharge from Personal Representation: $156 • Petition to Modify or Terminate a Trust: $156 • Petition for Construction of Will: $156 • Petition for Transfer of Property: $156 • Petition for Change of Name: $156 • Petition to Sell Real Estate: $156 • Petition for Authority to Make Gifts: $156 • Petition for Authority to Create or Change Beneficiaries: $156

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FAQ

Probate Costs: Petition filing fee ? In Cook County, the regular fee to file a petition is $492.84, including e-filing fees (as of 05/07/2021). Publication fee ? Publication notice through Chicago Daily Law Bulletin costs $250 (as of 05/07/2021).

In Illinois a lawyer is required for probate unless the estate is valued at less than $100,000 and does not have real estate; in that case the Illinois Small Estate Affidavit says the estate does not require a lawyer for probate court. This can reduce the time and cost to distribute the deceased's assets.

In addition to paying the decedent's debts and bills and carrying out the distribution of the decedent's estate, the executor is also responsible for paying the attorney's fees. The executor usually is authorized to pay the attorneys fees out of the estate before distributing the assets to the beneficiaries.

A typical probate in Illinois averages $3,500 to $6,000, if it is simple and straightforward, there are no disputes involved, and the executor knows what they are doing. Anything that complicates the process, such as someone contesting the will or other litigation will raise the cost of the probate process.

This statement of the decedent's intent is commonly known as that person's "Will." Under Illinois law, it is required that any person who possesses the Will of a decedent file it with the Clerk of the Circuit Court of the county in which that individual resided within 30 days after the death of the testator is known to

It does not depend on whether or not there is a valid will. Generally, a formal probate court proceeding is necessary in Illinois only if: there are assets that the deceased person owned solely (not jointly), and. all of the probate assets, together, are worth more than $100,000.

On average, for a fairly simple estate with an effective Executor and no disputes, probate in Illinois can cost around $4,000 - $6,000. This price can go up or down.

Illinois probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.

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Illinois Probate Filing Fees