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 pricing can change when defined litigation events occur.
The short answer
At this firm, uncontested probate is a flat fee — $5,000 for a standard estate — and that fee is all-inclusive of court costs. A small estate that qualifies to skip probate entirely is handled as Small Estate Administration for $1,000. Contested matters start with a flat fee of $5,000 for a defined initial scope. Contested cases may incur additional event-based flat fees. Large Estate Probate is $5,000plus 0.5% of estate value, charged during administration only if the estate exceeds $4,000,000 due to estate-tax complexity.
Flat fee vs. hourly, side by side
| Flat fee (uncontested) | Staged flat fee (contested) | |
|---|---|---|
| What you pay | $5,000 standard estate; $5,000 + 0.5% for estates exceeding $4,000,000 due to estate-tax complexity; $1,000 small estate administration | Starts with $5,000 for the initial scope; additional flat fees only when listed litigation events occur |
| Known in advance? | Base fee and percentage formula disclosed before engagement; percentage charged during administration only if estate value exceeds $4,000,000 | Initial scope is known; conditional later expenses are identified in the agreement |
| 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 | Applicable third-party charges, such as a bond premium, service, transcripts, experts, mediators, or guardian ad litem fees |
| Charged for phone calls? | No | Included when within the applicable flat-fee scope |
| Who carries overrun risk | The firm | Shared through defined event-based scopes |
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.
How staged flat fees work in contested probate
Contested probate starts with a defined flat-fee scope. The initial agreement identifies the work covered by the starting fee. The opposing party may later create additional work through motions, discovery, hearings, or trial preparation, so the agreement also identifies events that may trigger additional flat fees.
Contested matters here start with a $5,000 flat fee. That fee covers a defined initial scope—not the entire contest. Contested cases may incur additional flat fees only when a listed litigation event actually occurs. Each additional scope and fee is explained in writing before it is incurred. Review the event-based contested-matter fee list.
When an uncontested matter becomes contested
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 a separate contested flat-fee scope applies. The firm explains how the amount already paid applies before the contested engagement begins. 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 ($5,000 for a standard estate; an estate that qualifies to skip probate is handled as Small Estate Administration for $1,000). Contested probate starts with a $5,000 flat fee for a defined initial scope. Additional flat fees apply only when listed litigation events actually occur. Many Illinois firms bill hourly, so get the applicable model in writing before engaging counsel.
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.
How is contested probate priced?
Contested probate, will contests, and estate litigation start with a $5,000 flat fee covering a defined initial scope—not the entire contest. Additional flat fees apply only when listed litigation events actually occur, such as motions, discovery, depositions, hearings, or trial preparation. Each additional scope and fee is explained in writing before it is incurred.
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.
What happens if a flat-fee probate becomes contested?
A formal objection, appearance in opposition, or competing petition changes the matter into contested litigation. The firm then provides the applicable initial contested flat-fee scope and explains in writing how the amount already paid applies. Additional flat fees apply only when listed litigation events actually occur; they are not automatically required merely because the matter is contested.
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 uses a standard flat fee or a staged contested flat fee.
This page is general information about Illinois law, not legal advice, and does not create an attorney-client relationship.