Cost of Guardianship Illinois: Filing Fees, Attorney Costs, and Bond

The Full Cost Picture

Guardianship in Illinois isn't a single expense — it's a stack of mandatory fees, professional costs, and ongoing obligations that compound over time. Families routinely underestimate the total because they focus on the filing fee and forget everything that comes after. Here's what each layer actually costs.

Court Filing Fees

The probate division filing fee varies by county. In Cook County — which handles the highest volume of guardianship cases — expect:

• Person-only filing: $50
• Estate up to $15,000: $70
• Estate over $15,000: $105
• Sheriff service: $23 plus mileage

If the petitioner cannot afford filing fees, Illinois Supreme Court Rule 298 allows filing an Application for Waiver of Court Fees. The waiver applies to all court-imposed fees for the case, including sheriff service costs.

Sheriff Service and Notice Costs

The respondent (your parent) must be personally served with the summons and petition by the county sheriff or an authorized process server at least 14 days before the hearing. Sheriff service fees run approximately $23 plus $0.40 per mile. If your parent is in a facility in a different county from where the petition is filed, service costs increase with mileage.

Written notice must also be mailed or delivered in person to all nearest relatives listed in the petition. The cost is minimal (certified mail), but the task of identifying and locating all relatives can add attorney time if the family tree is complicated.

Guardian ad Litem (GAL) Fees

The probate judge appoints a Guardian ad Litem — typically an independent attorney — to investigate the case and protect the respondent's interests. The GAL visits your parent, interviews the proposed guardian, reviews medical records, and files a report with the court.

Cook County's research figures place GAL fees at $200 to $400 for a straightforward uncontested case. For contested matters or cases involving complex family dynamics, GAL fees can be higher, depending on the investigation required and the number of hearings.

The GAL's fee is usually paid from the ward's estate. If the ward has no assets, the court may order the petitioner to pay or waive the fee in hardship cases.

Surety Bond

If the court appoints a guardian of the estate, the guardian must post a surety bond before accessing the ward's financial assets. The bond protects the ward against mismanagement or theft.

Bond amounts are calculated based on the ward's estate value:

• With a corporate surety (bonding company): The bond must be at least 1.5 times the value of the ward's personal estate
• Without a corporate surety (personal sureties only): The bond must be at least double the value of the ward's personal estate

For a parent with $100,000 in countable assets, a corporate surety bond of $150,000 would be required. Bond premiums vary by bonding company and the ward's circumstances; ask the surety company for the premium before filing. The premium is paid from the ward's estate and renewed annually for as long as the guardianship remains active.

Bond requirements are controlled by the court order; do not assume that a small estate automatically removes the requirement.

Attorney Fees

While Illinois law allows self-represented petitioners to file for guardianship, most families hire an attorney:

• Uncontested guardianship (no family disputes, clear medical evidence): $3,000–$5,000 flat fee is typical, with some attorneys quoting $4,500 as a standard package
• Contested guardianship (sibling disputes, challenged medical evidence, objections to the proposed guardian): $300–$500 per hour against a retainer, with total costs commonly reaching $10,000–$30,000 depending on complexity and number of hearings
• Jury trial (the respondent or a family member demands a six-person jury under Illinois statute): adds $5,000–$15,000 in trial preparation, witness fees, and additional attorney time

Attorney fees are generally paid from the ward's estate for the petitioner's attorney and from the estate for the respondent's court-appointed counsel. If the estate has insufficient funds, the petitioner bears their own attorney costs.

Ongoing Annual Costs

Guardianship doesn't end after the court hearing. The guardian faces mandatory annual reporting that generates recurring costs:

• Annual accounting (estate guardian): Preparation of a detailed financial report with supporting documentation. If the guardian hires an accountant, expect $500–$2,000 per year depending on estate complexity.
• Annual report on the ward (person guardian): A narrative report on the ward's condition, living situation, and services received. Less expensive to prepare but still requires time and documentation.
• Surety bond renewal: Annual premiums continue for the life of the guardianship
• Attorney consultation: Many guardians retain an attorney on an as-needed basis for questions about permissible expenditures, real estate transactions, or court reporting requirements. Budget $500–$1,500 per year.

Total Cost Estimates

For an uncontested guardianship of both person and estate for a parent with $100,000 in assets:

• Year one: $5,000–$8,000 (filing fees + attorney + GAL + initial bond premium + physician's report)
• Annual ongoing: $2,500–$5,000 (bond renewal + accounting + incidental attorney time)
• Over five years: $15,000–$30,000

For a contested case, year-one costs alone can exceed $20,000, with ongoing costs compounding annually.

The Cost of Not Planning

Every dollar spent on guardianship proceedings is a dollar that could have gone toward your parent's care. A durable power of attorney — executed while your parent has capacity — eliminates the filing fees, GAL costs, bond premiums, and annual court reporting requirements entirely.

The Illinois Power of Attorney & Guardianship Kit covers the POA execution process from start to finish. If guardianship is already necessary, it also walks through the full petition process and court requirements.

See more Illinois guides →