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Executor Compensation Laws in Illinois

In Illinois, a representative of an estate is entitled to reasonable compensation, and state law sets no percentage fee schedule.

Last checked . General information, not legal advice.

Illinois at a glance

Compensation method
Reasonable compensation
Fees awarded are a first-class claim for administrative expenses paid from the probate estate.
Statutory fee schedule
None (no percentage in statute)
Percentage schedule in statute
No

Sources

Last checked

The rules in Illinois

How is an executor paid in Illinois?

Compensation method in Illinois: Reasonable compensation. Fees awarded are a first-class claim for administrative expenses paid from the probate estate.

What percentage can an executor charge in Illinois?

Statutory fee schedule in Illinois: None (no percentage in statute).

Does Illinois law set executor fees by a percentage schedule?

No. Percentage schedule in statute in Illinois: no.

Where do the Illinois executor compensation laws come from?

The rules above come from 755 ILCS 5/27-1. Each source is linked on this page. We last checked them in October 2026.

Good to know

Section 27-1 was last amended by Public Act 102-72, effective January 1, 2022.

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.