The Clerk is entitled to receive the fees specified in this section, which shall be paid in advance, except that, for good cause shown, the court may suspend, reduce, or release the costs payable under this section.
(A) For administration of the estate of a decedent (whether testate or intestate) or of a missing person, $125, plus the fees specified in division (C) below, except:
(1) When the value of the real and personal property does not exceed $15,000, the fee shall be $40;
(2) When one of the following occurs, the fee shall be $40:
(a) Proof of heirship alone is made;
(b) A domestic or foreign will is admitted to probate without administration (including proof of heirship); or
(c) Letters of office are issued for a particular purpose without administration of the estate.
(3) For filing a petition to sell real estate, the fee shall be $50.
(B) For administration of the estate of a ward, the fee shall be $75, plus the fees specified in division (C) below, except:
(1) When the value of the real and personal property does not exceed $15,000, the fee shall be $40;
(2) When one of the follow occurs, the fee shall be $20:
(a) Letters of office are issued to a guardian of the person or persons, but not of the estate; or
(b) Letters of office are issued in the estate of a ward without administration of the estate, including filing or joining in the filing of a tax return or releasing a mortgage or consenting to the marriage of the ward.
(3) For filing a petition to sell real estate, $50.
(C) In addition to the fees payable under divisions (A) or (B) above, the following fees are payable:
(1) For each account (other than one final account) filed in the estate of a decedent or ward, the fee shall be $25;
(2) (a) For filing a claim in an estate when the amount claimed is $150 or more but less than $500, the fee shall be $25.
(b) When the amount claimed is $500 or more but less than $10,000, the fee shall be$40.
(c) When the amount claimed is $10,000 or more, the fee shall be $60; provided that the court in allowing a claim may add to the amount allowed the filing fee paid by the claimant.
(3) For filing in an estate a claim, petition, or supplemental proceeding based upon an action seeking equitable relief, shall be $60, including:
(a) The construction or contest of a will;
(b) Enforcement of a contract to make a will; and
(c) Proceedings involving testamentary trusts or the appointment of testamentary trustee;
(4) For filing in an estate:
(a) The appearance of any person for the purpose of consent, no fee; and
(b) The appearance of an executor, administrator, administrator to collect, guardian, guardian ad litem, or special administrator, no fee.
(5) Except as provided in division (C)(4) above, for filing the appearance of any person or persons, the fee shall be $30;
(6) For each jury demand, the fee shall be $137.50;
(7) For disposition of the collection of a judgment or settlement of an action or claim for wrongful death of a decedent or of any cause of action of a ward, when there is no other administration of the estate, the fee shall be $50, less any amount paid under divisions (A)(2) or (B)(2) above, except that if the amount involved does not exceed $5,000, the fee, including any amount paid under divisions (A)(2) or (B)(2) above, shall be $20;
(8) For each certified copy of letters of office, of court order, or other certification, the fee shall be $2, plus $1 per page in excess of three pages for the document certified; and
(9) For each exemplification the fee shall be $2, plus the fee for certification.
(D) The executor, administrator, guardian, petitioner, or other interested person, or his or her attorney, shall pay the cost of publication by the Clerk directly to the newspaper.
(E) The person on whose behalf a charge is incurred for witness, court reporter, appraiser, or other miscellaneous fee shall pay the same directly to the person entitled thereto.
(F) The executor, administrator, guardian, petitioner, or other interested person, or his or her attorney, shall pay to the Clerk all postage charges incurred by the Clerk in mailing petitions, orders, notices, or other documents pursuant to the provisions of the Probate Act of 1975.
(Prior Code, Title 6, Chapter 5) (Ord. passed - -2006)
Statutory reference:
Probate Act of 1975, see 755 ILCS 5/7-701 et seq.