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Hidden Costs of Probate: Expenses Most Families Don't Anticipate

Posted by Mariserg Anonales-Lopez | Apr 17, 2025 | 0 Comments

When a loved one passes away, dealing with their estate through probate can feel like navigating an emotional obstacle course. What many families don't realize is that beyond the grief and paperwork, probate can come with a surprising array of expenses that aren't immediately obvious. Let's pull back the curtain on these hidden costs to help you better prepare for what lies ahead.

Court Fees: Just the Tip of the Iceberg

Most people expect to pay some court filing fees when opening a probate case. The range primarily depends in which county you are filing. But what catches many by surprise is that these initial filing fees are just the beginning. Throughout the probate process, you will encounter additional court costs for:

  • Publishing legal notices

  • Requesting certified copies of documents

  • Filing Accountings

  • Court reporter fees

These seemingly small expenses can add up quickly, especially in complex estates or when family disagreements arise.

The Real Cost of Professional Help

Executor fees and attorney costs are often the largest expenses in probate. While many people understand they'll need legal help, they're frequently unprepared for just how significant these costs can be.

In Illinois, you are required to have an attorney by statute. There is no way around that when you are an administrator or executor of an estate.

What's more surprising is that executors or administrators are also entitled to compensation.

Appraisal and Valuation Expenses

Here's a cost that blindsides many families: professional appraisals. Nearly every estate needs to establish the fair market value of significant assets, which often requires hiring professional appraisers. These experts evaluate everything from real estate and vehicles to artwork, jewelry, and business interests.

Depending on the estate's contents, you might need multiple specialized appraisers. A home appraisal might cost $300-$600, while business valuations can easily run into thousands of dollars. Valuable collectionswhether coins, art, or antiquesoften require specialized

 

expertise that comes at a premium.

Ongoing Maintenance Costs

One of the most overlooked aspects of probate is that the estate must continue maintaining assets until they're distributed to heirs. This means:

  • Mortgage payments must continue

  • Property taxes come due

  • Insurance premiums need payment

  • Utilities remain connected

  • Landscaping and maintenance must be addressed

These ongoing costs can drain an estate quickly, especially when probate stretches on for months or even years. What makes this particularly challenging is that some assets may be cash-poor but value-rich (like real estate), requiring the estate to find liquidity just to maintain them.

 

The Unexpected Emotional Cost

While not a financial expense in the traditional sense, the emotional toll of a prolonged probate process deserves mention. Family members often find themselves taking time off work, traveling to court hearings, or spending countless hours organizing paperwork. This investment of time and emotional energy carries its own costone that can affect relationships, careers, and personal well-being.

 

Bond Requirements: Insurance You Didn't Know You Needed

Many courts require the executor to post a bondessentially an insurance policy that protects the estate against administrator misconduct.

 

Final Thoughts

Probate expenses can easily consume 5-10% of an estate's valuesometimes even more for smaller estates where minimum fees apply regardless of size. This reality makes advance planning all the more important.

If you're currently managing a loved one's estate, being aware of these potential costs allows you to budget appropriately and set realistic expectations with beneficiaries. If you're thinking about your own estate plan, understanding these hidden costs might motivate you to explore alternatives like revocable living trusts that can help your loved ones avoid some of these expenses altogether.

Remember that while probate costs can be substantial, working with experienced professionals often saves money in the long run by preventing costly mistakes. The best approach is to enter the process with eyes wide open, understanding that settling an estate properly requires investment of both financial resources and personal attention.

By anticipating these hidden costs now, you can help ensure that your family's resources are preserved as much as possible during an already challenging time. For legal assistance and guidance, contact us at Katherine Maloney & Associates at 815-556-2057.

About the Author

Mariserg Anonales-Lopez
Mariserg Anonales-Lopez

Mariserg Anonales-Lopez joined Katherine L. Maloney & Associates, LLC as an associate attorney in 2023. Her current practice areas include family law, probate, guardianship, and general litigation. Ms. Anonales-Lopez, who was born in California, grew up in Aurora, Illinois as a first-generation Mexican American. ...

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