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Illinois Compiled Statutes

755 ILCS 5/27-2 (2026)

Attorney's fees

✓ current as of May 2026
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(755 ILCS 5/27-2) (from Ch. 110 1/2, par. 27-2)
    Sec. 27-2. Attorney's fees.)
    (a) The attorney for a representative is entitled to reasonable compensation for his services.
    (b) An attorney who withdraws from representing a representative must file a petition for fees and costs within 30 days after the withdrawal is approved by the court. If within 30 days after the court approves the withdrawal of an attorney from representing a representative, a motion is filed for an extension of time for the filing of a petition for fees and costs, the court may grant additional time for the filing of that petition.
(Source: P.A. 96-981, eff. 7-2-10.)

    
Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1998–2026 · leading case: In Re Est. of Bitoy, 917 N.E.2d 74 (Ill. App. Ct. 2009).
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In Re Est. of Bitoy, 917 N.E.2d 74 (Ill. App. Ct. 2009). · cites it 2× “Standard of Review When awarding reasonable compensation pursuant to the Probate Act of 1975, the court has broad discretion to determine the amount to be awarded to the attorney.”
In re Est. of Martin, 2020 IL App (2d) 190140 (Ill. App. Ct. 2020). · cites it 2× “¶ 42 Here, Tina and Paul asserted claims for attorney fees under section 27-2(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/27-2(a) (West 2018)). That section authorizes reasonable compensation for an attorney’s services for a representative.”
Kresse v. Union Planters Bank, NA, 742 N.E.2d 874 (Ill. App. Ct. 2001). “Attorney Fees Kresse also contends that the trial court erred with respect to her claim for attorney fees incurred while serving as guardian of the person.”
In re Est. of Martin, 2020 IL App (2d) 190140 (Ill. App. Ct. 2020). · cites it 3× “¶ 42 Here, Tina and Paul asserted claims for attorney fees under section 27-2(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/27-2(a) (West 2018)). That section authorizes reasonable compensation for an attorney’s services for a representative.”
Matter of Est. of Shull, 693 N.E.2d 489 (Ill. App. Ct. 1998). · cites it 3× “Under the Act, the attorney for a representative is entitled to reasonable compensation *492 for her legal services when they are rendered in the interest of or to benefit the estate (755 ILCS 5/27-2 (West 1996)). The determination of what is reasonable must be based upon the…”
In re Est. of Burns, 2026 IL App (1st) 250459-U (Ill. App. Ct. 2026). · cites it 3× “¶ 17 The GAL acknowledged that DDV was entitled to reasonable attorney fees pursuant to section 27-2 of the Probate Act of 1975 (755 ILCS 5/27-2 (West 2024)) but argued that DDV’s billing was excessive.”
In re Est. of Funk - Modified Opinion (Ill. App. Ct. 2004). · cites it 2× “F rom February 1983 through mid March 2001, Cherry was the attorney for Patsy in her capacity as executrix of Floyd's estate.”
In re Est. of Pagan, 2022 IL App (1st) 210750-U (Ill. App. Ct. 2022). “3d at 624 (citing 755 ILCS 5/27-2 (West 1992)). The court will reject fees when the legal services rendered are not in the interest of or do not benefit the estate.”
In re Est. of Rao (Ill. App. Ct. 2023). “5 1-22-0055 ¶ 15 Sections 27-1 and 27-2(a) of the Probate Act of 1975 (Act) provide that an estate representative and the attorney for the representative are entitled to reasonable compensation for their services.”
In re Est. of Brooker, 2023 IL App (2d) 230138-U (Ill. App. Ct. 2023). “She first attacks the February 1, 2022, order finding that Wrobel’s fees were reasonable and necessary but that they could not be paid from Walter’s estate.”
In re Est. of Sykes, 2024 IL App (5th) 230694-U (Ill. App. Ct. 2024). “¶ 19 The only true issues in this appeal are whether the circuit court abused its discretion when it denied her claims against her late mother’s estate, (1) for attorney fees and (2) for reimbursement for travel expenses.”
In re Est. of Imburgia, 2020 IL App (3d) 180496-U (Ill. App. Ct. 2020). “The executor contends that the beneficiary failed to present any evidence that the attorney fee was unreasonable.”
Show all 15 citing cases →
— 755 ILCS 5/27-2(a) — 7 cases
In re Est. of Martin, 2020 IL App (2d) 190140 (Ill. App. Ct. 2020). “¶ 42 Here, Tina and Paul asserted claims for attorney fees under section 27-2(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/27-2(a) (West 2018)). That section authorizes reasonable compensation for an attorney’s services for a representative.”
In re Est. of Martin, 2020 IL App (2d) 190140 (Ill. App. Ct. 2020). “¶ 42 Here, Tina and Paul asserted claims for attorney fees under section 27-2(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/27-2(a) (West 2018)). That section authorizes reasonable compensation for an attorney’s services for a representative.”
In re Est. of Rao (Ill. App. Ct. 2023). “5 1-22-0055 ¶ 15 Sections 27-1 and 27-2(a) of the Probate Act of 1975 (Act) provide that an estate representative and the attorney for the representative are entitled to reasonable compensation for their services.”
In re Est. of Brooker, 2023 IL App (2d) 230138-U (Ill. App. Ct. 2023). “She first attacks the February 1, 2022, order finding that Wrobel’s fees were reasonable and necessary but that they could not be paid from Walter’s estate.”
In re Est. of Sykes, 2024 IL App (5th) 230694-U (Ill. App. Ct. 2024). “¶ 19 The only true issues in this appeal are whether the circuit court abused its discretion when it denied her claims against her late mother’s estate, (1) for attorney fees and (2) for reimbursement for travel expenses.”
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