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City #4 of 20 — Probate Court Profile

Chicago

Cook County, Illinois
moderate Cost
Annual Filings
~10,000–13,000
Daily Filing Rate
40–52 filings
Active Docket
~12,000–20,000 active matters
Small Estate Threshold
$100,000

Court Overview

Court Name
Cook County Circuit Court — Probate Division
Population Served
~5,200,000 (Cook County, 2024 est.)
Fee Structure
Reasonable
Per-Judge Caseload
~2,500–4,000 new filings per judge per year
Legal Authority
755 ILCS 5 (Illinois Probate Act of 1975); Illinois estate tax: 0.8%–16% on estates over $4M (2024)
Estate/Inheritance Tax
State Estate Tax Applies
Unique Feature / Key Distinction

Illinois estate tax applies above $4M at rates 0.8%–16%. Cook County's probate division handles one of the largest urban dockets in the Midwest.

Case Timelines

Case TypeDurationNotes
Small estate affidavit (under $100K)30–90 daysNo court filing required
Formal testate administration6–12 monthsLetters testamentary; creditor notice; inventory
Complex administration12–24 monthsBusiness interests; real estate; estate tax
Contested estate24–60+ monthsFull civil discovery; possible jury
Guardianship (establishment)2–4 monthsGuardian ad litem; hearing; annual reports

Cost Benchmarks

Estate ValueAttorney FeesExecutor FeesTotal Est. Cost% of Estate
$500,000$12,000–$22,000 (est. reasonable)$10,000–$20,000 (est.)$25,000–$50,000+5.0%–10.0%
$2,000,000$30,000–$70,000 (est.)$30,000–$70,000 (est.)$65,000–$145,000+3.25%–7.25%
$10,000,000$80,000–$250,000+$100,000–$300,000+$185,000–$600,000+1.85%–6.0%

* Estimates based on Probate Insider Reference Series 2026. Actual costs vary. Not legal advice.

Key Facts

  • 1Illinois estate tax: 0.8%–16% on estates over $4M — significantly lower threshold than federal
  • 2No Illinois inheritance tax
  • 3Small estate affidavit threshold: $100,000
  • 4Cook County is the largest probate docket in Illinois by far
  • 5Illinois Probate Act of 1975 governs all proceedings
  • 6Market hourly rates: $300–$600+/hr (2026)

At a Glance

Cost CategoryModerate
Fee StructureReasonable
Annual Filings~10,000–13,000
Active Docket~12,000–20,000 active matters
Small Estate$100,000
StateIllinois
Tax Status
⚠ State Estate Tax Applies
Disclaimer: All data is sourced from the Probate Insider Reference Series 2026. This information is for research purposes only and does not constitute legal advice. Costs and timelines are estimates and vary by case.
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