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probate fees

Probate Fees vs. Trust Setup Costs: What You Need to Know

September 9, 2025 by Paul Palley

When planning your estate, one of the biggest questions is whether to rely on a will or create a living trust. Both options help direct how your assets are passed on, but the financial impact can be very different. Probate fees in Illinois often surprise families, while trust setup costs can feel like a bigger upfront investment. Understanding the difference can help you make a decision that protects both your legacy and your loved ones.

Like all content on this website, this article is informational in nature, and is not to be relied upon as legal advice.


What Are Probate Fees in Illinois?

Probate is the court process required to settle an estate after someone dies. Even with a valid will, most estates must pass through probate unless they qualify for Illinois’ small estate affidavit (for estates under $100,000 without real estate).

Typical probate fees may include:

  • Court filing fees
  • Executor compensation
  • Attorney’s fees (often billed hourly or as a percentage of the estate)
  • Appraisal and accounting fees

Because probate can take months or even over a year, these costs add up. For a modest estate, probate fees might range from several thousand dollars to tens of thousands, depending on complexity.


What Does It Cost to Set Up a Trust?

A revocable living trust avoids probate by transferring assets directly to beneficiaries under the trustee’s management. The main expense is upfront legal work.

Trust setup costs typically include:

  • Attorney’s fees to draft the trust and related documents
  • Recording fees if real estate deeds need to be transferred into the trust
  • Occasional updates if your circumstances change

For many Illinois families, the cost of establishing a trust ranges from $2,000–$5,000, depending on the size of the estate and complexity of the planning. Unlike probate, there is no ongoing court supervision, so costs after setup are minimal.


Probate Fees vs. Trust: A Cost Comparison

Here’s how the two options stack up:

FactorProbateTrust
Timing of CostAfter death, during estate administrationUpfront, while you are living
Total Cost Range$5,000–$15,000+ (varies widely)$2,000–$5,000 (mostly upfront)
Court InvolvementRequiredAvoided
Ongoing FeesPossible (attorney, court, executor)Minimal, usually none


Other Considerations Beyond Cost

While comparing probate fees vs. trust setup costs is important, money isn’t the only factor:

  • Time: Probate in Illinois often takes 9–12 months; trusts transfer assets much faster.
  • Privacy: Probate is a public court process; trusts keep your estate details private.
  • Control: Trusts allow more flexibility, such as planning for minors, blended families, or special needs.


Conclusion

Every family’s situation is unique, but one fact is clear: probate fees can be higher and less predictable than the upfront cost of creating a trust. Many Illinois families choose a trust because it not only avoids probate but also provides peace of mind, privacy, and smoother asset transfers.

If you’d like help comparing your options and understanding what makes sense for your family, contact Palley Law Office for a consultation.

Filed Under: Estate Planning, Probate, Trusts, Wills & Trusts Tagged With: •, avoid probate in Illinois, cost of probate in Illinois, estate administration costs, Illinois probate, Illinois trust law, living trust vs probate, probate fees, revocable living trust, trust setup costs, wills and trusts in Illinois

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