how much does the average probate attorney cost in illinois

by Jillian Erdman 4 min read

In Illinois, basic probate, without any disputes, can easily cost between $4,000 and $6,000. Add any complications and the legal costs can skyrocket. The estate typically covers many of the costs, but families must front hundreds or thousands to initiate the process. How Much Does Estate Planning Cost in Illinois?

around $4,000 - $6,000

Full Answer

How much do lawyers charge for probate?

Typically, the hourly rate for a probate attorney is going to be in the $250.00 to $400.00 range. Though it is easy to determine what an attorney’s hourly rate is, the total cost is much more complex and unpredictable. Most people think their estate will be “simple,” but many are not.

How much does probate cost in Illinois?

On the other hand, in a “typical” scenario, the executor might handle most of the ongoing administration, and only call the attorney with an occasional question, resulting in a few extra hours in attorney’s fees. All that said, we find that lawyer fees for most probate cases are somewhere between $2,500 and $5,000.

How do you calculate probate fees?

Aug 19, 2015 · Contingent fees are only appropriate in a contested estate case where one party is disputing a will. Finally, some attorneys will also set a flat fee for the client in probate case. A flat fee is arranged in advance as a “final amount due” based on the attorney’s estimate of how much time and work will be required.

What are the probate laws in Illinois?

The lawyer’s job is to protect the administrator by making sure that they follow the law. As of 2019, probate attorneys in Chicago generally charge between $275 and $350/ hour to do this work. The estate administration usually lasts for at least 11 months. Most cases are completed within 24 months.

How much should I pay for probate?

The fees for probate and estate administration can vary widely depending on who does it, whether that be a solicitor, probate specialists or a bank. The cost for these range between 2.5 to 5% of the value of the estate.

Do I need a lawyer for probate in Illinois?

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.

How much does an estate have to be worth to go to probate in Illinois?

$100,000
Every estate does not have to go through probate. Probate is the legal process to make sure that a deceased person's debts and taxes are paid. In Illinois, a lawyer is required for probate unless the estate is valued at or less than $100,000 and does not have real estate.

What are reasonable executor fees in Illinois?

Executor Fees in Illinois

For example, if in the last year, executor fees were typically 1.5%, then 1.5% would be considered reasonable and 3% may be unreasonable. But the court can take into account other factors such as how complicated the estate is to administer and may increase or decrease the amount from there.

How much does it cost to file probate in Illinois?

around $4,000 - $6,000
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.

How long do you have to file probate after death in Illinois?

How Long Do You Have to File Probate After a Death in Illinois? Once a person is made aware that they are the executor, they have 30 days from that time or the time the person died to present the will to the court.

How do you value a house for probate?

How is 'house value' defined? For probate purposes, the house's value is defined as its open market value, which is what the property might reasonably fetch if it was sold on the open market to a (willing) buyer on the date of transfer.

Does every executor have to apply for probate?

Do all executors of a will have to apply for probate? Often more than one executor is named in a will, but not all of the executors have to apply for probate. A maximum of four people can apply to the Probate Registry to prove a will and be named on the grant of probate.

Can you go through probate without a lawyer?

The simple answer is... yes! For the vast majority of probate cases, a lawyer is not required to probate a will. In fact, anyone can interact with the court system and you can do probate without a lawyer.Jul 4, 2021

Does an executor of an estate get paid in Illinois?

The Illinois Probate Act of 1975 provides that executors shall be paid reasonable compensation from the estate for their work, without defining what is "reasonable." Therefore, executors are bound only to charge ordinary and reasonable fees, based on a variety of factors.Mar 30, 2020

Can an executor take money from the estate?

Once a Grant of Probate has been awarded, the executor or administrator will be able to take this document to any banks where the person who has died held an account. They will then be given permission to withdraw any money from the accounts and distribute it as per instructions in the Will.

How much does an executor of a will get paid?

The executor is entitled to the following fee: on the gross value of assets in an estate: 3,5%; on income accrued and collected after death of the deceased: 6%

How much does a probate lawyer cost?

All that said, we find that lawyer fees for most probate cases are somewhere between $2,500 and $5,000. Often attorneys don’t take a fee until the case is over if they have been chosen by the executor to represent the estate.

Who is responsible for paying the attorney's fees?

The decedent’s will also names the executor, the person responsible for carrying out the terms of the will. 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 ...

What happens if an attorney is on a contingency fee basis?

If the attorney is working on a contingency fee basis, he or she usually pays all the court costs upfront and gets reimbursed out of any settlement. It is very risk-reward for the lawyer. To take a case on a contingency basis there truly must be some dispute involved with the claim.

What is contingency fee?

A contingency fee is a percentage of what a client “wins.”. In probate cases, it would be a percentage of what someone gets from the estate. Although contingency fee agreements are not very common in probate cases, it may be appropriate in the case of a contested will, where it is uncertain whether any money will be won.

What is flat fee?

A flat fee is a fee set at the beginning of the case that is negotiated by the attorney and the client and stays the same no matter how much time and effort the attorney puts into your case.

Why is probate unpredictable?

Probate cases can be unpredictable because it’s impossible to know every issue that might come up.

Can executors call attorney?

On the other hand, in a “typical” scenario, the executor might handle most of the ongoing administration, and only call the attorney with an occasional question, resulting in a few extra hours in attorney’s fees.

The Basics

Once you have a good idea of what is involved in probate of an estate, you will want to know what it will cost. The majority of the cost will be attorney’s fees. The person who will act as administrator or executor of the estate will need to hire an attorney to help them through the process.

Other Costs

In addition to attorney’s fees, there are a few other expenses that can increase probate costs in Illinois. If the deceased did not have a will, the court may require the administrator to post a bond. The bond protects the estate against certain errors by the administrator. The bond can cost several thousand dollars, and must be renewed annually.

Keeping Costs Down

Sometimes with a smaller estate, the administrator or executor is eager to keep fees to a minimum. If the family is willing to do more of the legwork it can help to cut attorney’s fees.

Avoiding Costly Mistakes

Saving money on fees is good, but remember that your lawyer is there to help you avoid costly mistakes. Hiring a qualified lawyer can help you to fix tax problems, reduce taxes, and make sure that all of the heirs receive what they are supposed to receive. Getting these things wrong can be costly, so always make sure to hire a qualified lawyer.

Get your own affairs in order

According to legal professionals help for estate planning in Atlanta, GA, once you have helped your relative by processing their estate, its time to look at your own plans. By making a plan now, you can make sure that your family doesn’t need to go through probate at all.

Hourly fees

Hourly fees Many probate attorneys charge hourly. Probate cases can be unpredictable because it's impossible to know every issue that might come up. The deceased person held all the knowledge of what assets and debts they had. The executor may know this, or they may not. It often depends on how organized the decedent was with this information.

Flat fees

Flat fees The unpredictability can make clients nervous because they don't know how much the attorney's fees could end up costing the estate. And ultimately, the fees may diminish the amounts paid out to the beneficiaries. In certain cases, an attorney may be willing to set a flat fee to handle a probate case.

Contingency fees

Contingency fees A contingency fee is a percentage of what a client "wins." In probate cases, it would be a percentage of what someone gets from the estate. This type of fee may be appropriate in the case of a contested will, where it is uncertain whether any money will be won. Contingency fees can be anywhere from 20% to 40% of what's recovered.

How long does probate take?

Probate can take anywhere from a few months to several years to fully complete. For most estates of average size, the process will range from six months to two years. If an estate is especially large, if any heirs contest anything, or if beneficiaries cannot be found, things will take longer.

What are the drawbacks of probate?

Perhaps one of the biggest drawbacks to probate is the cost . And the more it costs, the less inheritance your beneficiaries will receive. Total cost can widely vary, depending on a number of factors including: But there are some things you can count on being fairly consistent in the probate process.

Why would you want to avoid or simplify the probate process?

Why would you want to avoid or simplify the probate process? In short, because probate can be an utter nightmare for your loved ones. It’s often time-consuming, expensive and very stressful for those left to navigate it.

What does an executor charge for?

Executors can charge a fee to be reimbursed for most expenses they incur. This can include the cost for any travel needed, to pay for tax prep, to buy any supplies, or for anything else required to settle an estate. Executors can also be reimbursed a fair fee for the job they do as a representative of an estate.

How much does it cost to get a certificate of death?

These official certificates have the court’s seal and authorize an Administrator or Executor to act on the deceased estate owner’s behalf. You’ll need this for several institutions like the DMV, banks, insurance companies, etc. * Certificates can range anywhere from $5 - $20 per certified copy; you may need originals for certain institutions, while others might accept a photocopy; you can order extra certified copies from the court if you need more than they give you.

Do probate attorneys pay out of pocket?

A probate lawyer's fees (and most other costs of probate) are paid out of the estate, so your family will not need to worry about who pays probate fees, and they won’t have to cough up any money out of pocket. But again, accounting and probate attorney fees will ultimately reduce the overall value of your estate.

Do you have to pay probate fees?

Many people feel more comfortable hiring a probate attorney to help them navigate the process. And in some states, you’re actually required to do so by law (although most states do not mandate this). A probate lawyer's fees (and most other costs of probate) are paid out of the estate, so your family will not need to worry about who pays probate fees, and they won’t have to cough up any money out of pocket. But again, accounting and probate attorney fees will ultimately reduce the overall value of your estate. At the end of the day, that’s money that could be going to your beneficiaries.

How much does probate cost in Illinois?

In Illinois, basic probate, without any disputes, can easily cost between $4,000 and $6,000. Add any complications and the legal costs can skyrocket. The estate typically covers many of the costs, but families must front hundreds or thousands to initiate the process.

How much does an estate plan cost?

The price of estate plans can range from a few hundred dollars to $6,000 and more, depending on the quality of the service and complexity of your needs. Many law firms concentrating on estate planning charge flat-rate fees for basic estate plans, or at least provide a target range.

What happens if you don't have a will?

Not having a Will when you die lengthens, complicates and adds costs to the probate process. The court determines how your assets will be divided, pursuant to a statutory intestacy formula, appoints your estate administrator and requires surety bonds be paid. It opens the door to potential claimants on your estate.

Why is estate planning important?

Regardless of wealth and status, everyone benefits from estate planning, to ensure that personal belongings and other assets are controlled by and go to the right people, minimizing unnecessary stress on families at a difficult time. As you prepare for the future, you may be wondering ...

What is a power of attorney?

Power of attorney for health care: Appoints an agent (a proxy) to make personal and medical decisions on your behalf should you become incapacitated. Power of attorney for property: Appoints an agent (a proxy) to manage your finances, should you become incapacitated.

What is an estate plan in Illinois?

Your estate plan is a living document that may require updates at different stages of life. Having a well-informed attorney who understands your family dynamics and stays up-to-date on Illinois tax and estate laws can help you make the right decisions that preserve your estate for loved ones.

How to evaluate a law firm?

You can often evaluate a law firm’s quality by visiting their websites. View the testimonials of their clients. Referrals are often the best way to find the right firm. Also, how many years has the lawyer or firm been concentrating in this field of law?

How much does a probate attorney charge?

Nationally, the average minimum hourly rate attorneys reported was $250, while the average maximum was $310. Individual lawyers often charge different rates, depending on the client and the type of service they’re providing. Also, rates vary among attorneys depending on several factors, including:

How much do estate attorneys charge per hour?

The most common rate (reported by 35% of readers) was between $300 and $400, although half of readers paid less than that. Only 15% paid $400 or more per hour.

How long is a probate consultation?

More than half (58%) of the probate attorneys in our national study reported that they offered free consultations. The typical time for these initial meetings was 30 minutes, though the overall average was higher (38 minutes). So when you’re looking to find a good probate lawyer, ask the potential attorneys whether they offer a free initial consultation. Even if they charge for their time , it can be worth your while to meet with more than one lawyer—and to go to the meetings prepared with a list of questions—in order to find the right attorney for your needs.

Why do estates pay more for legal services?

It shouldn’t be a surprise to learn that large estates tended to pay more for legal services. Big estates are more likely to have complex issues— including taxes and business assets —that require more of an attorney’s time and expertise. Also, some states limit fees according to the size of the estate, allowing attorneys to charge more for larger estates. More than a third (36%) of readers who were settling estates worth $1 million or more said that the estate paid $10,000 or more in legal fees, compared to 18% of those who were handling estates worth less than that.

Do probate attorneys charge more per hour?

The attorney’s experience. Not surprisingly, our study showed that hourly rates climbed as probate lawyers had more years in practice. But it’s worth keeping in mind that in this respect, at least, a higher hourly rate doesn’t necessarily translate into a higher total bill. Often, specialists with significant experience in estate administration may be able to answer your questions or handle difficult estate matters more quickly than less-seasoned lawyers.

Do executors need an attorney?

If you’re serving as an executor, personal representative, trustee, or administrator of an estate, you might need a lawyer’s help with some part of the process. The good news is that estate funds will almost always pay for that help. Still, you don’t want to squander the estate’s money—and you probably want to know what to expect in the way of attorney’s fees. We surveyed readers around the United States who recently acted as executors, personal representatives, trustees, and/or administrators to ask about their fee arrangements with attorneys and their total bills. We then compared the survey results with data on fees reported by probate attorneys across the country. Here’s some of what we found out.

Do attorneys charge a percentage of the estate value?

In a few states (such as California and Florida), attorneys are allowed to charge a percentage of the estate’s value as the fee for handling probate. In our survey, only 8% of readers who paid a lawyer for help said the estate they were handling paid a percentage-based attorney’s fee.