Illinois probate is billed both ways: some firms quote a flat fee, others bill hourly, and nothing in Illinois law standardizes it. Which model you get depends entirely on the firm you hire, and the difference is not cosmetic — it decides who carries the risk when an estate turns out to be more work than anyone expected. This page explains both models, what an all-inclusive flat fee does and does not cover, and why contested matters are the one place a flat fee is not an honest promise.
The short answer
At this firm, uncontested probate is a flat fee — $6,500 for a standard estate and $3,500 for a small estate — and that fee is all-inclusive of court costs. Contested matters are billed hourly against a $5,000 retainer. There is no third model and no sliding scale between them; what determines the fee structure is whether anyone has formally contested the estate.
Flat fee vs. hourly, side by side
| Flat fee (uncontested) | Hourly + retainer (contested) | |
|---|---|---|
| What you pay | $6,500 standard estate; $3,500 small estate | $5,000 retainer, then $450 / hour attorney / $175 / hour paralegal |
| Known in advance? | Yes — quoted before engagement, does not change | No — the opposing party drives the volume of work |
| Court filing fees | Included in the fee | Billed to the client as incurred |
| Creditor publication | Included in the fee | Billed to the client as incurred |
| Recording fees | Included in the fee | Billed to the client as incurred |
| Paid separately | Surety bond premium only, if the court requires a bond | All costs — bond, service, transcripts, guardian ad litem fees |
| Charged for phone calls? | No | Yes — time is billed as worked |
| Who carries overrun risk | The firm | The client |
What “all-inclusive” actually means here
The flat fee absorbs the court costs rather than passing them through. That is unusual and worth checking against any other quote you receive. Filing fees, the cost of publishing notice to creditors, and recording fees on estate real estate are all covered by the flat fee. Many firms quote a flat attorney fee and then bill those costs separately, which can add materially to a bill that looked fixed.
The one carve-out is the surety bond premium. If the court requires the representative to post a bond, that premium is paid directly to the bond provider and is not part of the fee. Where a bond can be avoided, the firm handles that work for a flat $1,500.
Why contested probate is not flat-fee’d
Because in a contested matter the other side decides how much work there is. An uncontested probate has a knowable sequence — open the estate, obtain letters of office, publish notice, inventory the assets, wait out the six-month creditor claims period, distribute, close. That can be priced. A will contest cannot: the number of motions, the scope of discovery, and whether the matter settles or goes to trial are all controlled by the opposing party.
Contested matters here open on a $5,000 retainer, billed at $450 / hour for attorney time and $175 / hour for paralegal time, replenished when the balance falls below $2,500. You receive an itemized bill before any money moves.
When a flat-fee matter converts to hourly
Only a formal contest converts a matter — not mere difficulty. If someone files an objection, an appearance in opposition, or a competing petition, the matter becomes contested litigation and moves to hourly billing against a retainer, with the flat fee already paid credited against that retainer. An estate that is simply slow, disorganized, or tense does not convert. That distinction is in the engagement agreement rather than left to judgment after the fact.
Court approval of probate fees in Illinois
Where fees are paid out of the estate, an Illinois court must find them reasonable. Under 755 ILCS 5/27-2, attorney fees paid from a decedent’s estate are subject to court approval, and the court has broad discretion over what is reasonable. Where an heir pays counsel personally — to contest a will out of their own pocket, for example — the engagement agreement governs instead. Which of those applies to your matter should be established before you engage anyone.
Frequently asked questions
Is probate in Illinois billed hourly or as a flat fee?
Both models are used in Illinois — probate fees are not standardized by statute, so it depends entirely on the firm you hire. This firm quotes a flat fee for uncontested probate ($6,500 for a standard estate, $3,500 for a small estate) and bills hourly only when a matter is actually contested. Many Illinois probate firms bill every matter hourly. Ask any firm you are considering which model applies to your case, and get the answer in writing before you engage them.
What does a flat probate fee include in Illinois?
At this firm the flat probate fee is all-inclusive of the firm's work and the court costs: opening the estate, letters of office, notice and creditor publication, the inventory, routine court appearances, distributions, and closing the estate — plus the filing fees, publication charges, and recording fees, which are covered by the fee rather than billed on top of it. The single carve-out is the surety bond premium, if the court requires the representative to post a bond; that is paid directly to the bond provider. "All-inclusive" is not the industry norm, so confirm with any firm whether their quoted flat fee also absorbs court costs or merely covers attorney time.
Why is contested probate billed hourly instead of flat?
Because in a contested matter the opposing party, not the firm, controls how much work there is. How many motions get filed, whether discovery is agreed or fought, and whether the case settles or goes to trial are not knowable when the engagement starts, so no honest fixed price can be quoted. Flat-fee litigation resolves one of two ways: the firm loses money and starts economizing on your case, or you are quietly asked for more later. Contested probate, will contests, and estate litigation here open on a $5,000 retainer billed at $450 / hour for attorney time and $175 / hour for paralegal time, replenished when the balance falls below $2,500. Costs — filing fees, service, transcripts, guardian ad litem fees — are billable to the client in contested matters.
Is a flat fee cheaper than hourly for Illinois probate?
Not automatically, and anyone who tells you it always is, is selling. A flat fee and an hourly engagement can land in the same place on a simple estate. What a flat fee actually buys is predictability and a transfer of risk: if the estate turns out to be more work than expected, that is the firm’s problem rather than yours, and you are never charged for asking a question. Hourly can cost less on an unusually clean file and considerably more on a messy one. The honest comparison is not price against price, it is a known number against an unknown one.
Can an Illinois probate start as a flat fee and become hourly?
Yes, and the trigger is a formal contest rather than mere difficulty. If someone files an objection, an appearance in opposition, or a competing petition, an uncontested matter becomes contested litigation and converts to hourly billing against a retainer. Under this firm’s engagement terms the flat fee already paid is credited against that retainer. An estate simply being complicated, slow, or contentious in tone does not convert it — only an actual filed contest does.
Do Illinois probate attorney fees have to be approved by the court?
It depends on who pays them. Where attorney fees are paid out of the decedent’s estate, Illinois law requires that the fees be reasonable and approved by the court (755 ILCS 5/27-2), and the court has broad discretion over what is reasonable. Where a fee is paid personally by an individual — an heir hiring counsel out of their own pocket, for instance — it is governed by the engagement agreement rather than by court approval. A firm should tell you which situation applies to your matter before you engage them.
Related
- Illinois probate and estate administration
- Contested probate and will contests
- Doing it yourself vs. hiring an Illinois attorney
- All services and pricing
Find out which model applies to your matter
Consultations are free, and we will tell you before you engage us whether your estate is a flat fee or a retainer.
This page is general information about Illinois law, not legal advice, and does not create an attorney-client relationship.