Illinois guide · Reviewed by an Illinois-licensed attorney
Will vs. trust in Illinois: the short answer
For most Illinois families with one home and adult children, a will plus a Transfer on Death Instrument (TODI) does the job at the lowest cost. A revocable living trust is the better choice when you own more than one property, own real estate in another state, want to control when younger beneficiaries receive their inheritance, or want your estate kept out of public court records. Both plans should include a financial power of attorney, a health care power of attorney, and an advance directive.
- A will alone does not avoid probate in Illinois. It tells the probate court what you want.
- A TODI lets your Illinois home skip probate without a trust.
- A funded revocable living trust avoids probate for everything titled in the trust.
- Neither a will nor a trust covers medical or financial decisions while you're alive. Powers of attorney do.
- Illinois taxes estates over $4 million, and a spouse can't use the other spouse's unused exemption.
- After a dementia or Alzheimer's diagnosis, the right documents let a trusted person protect your savings on the days your judgment isn't clear.
What a will does in Illinois
A last will and testament is your written instructions for what happens after you die. In Illinois, a will lets you:
- Leave property to the people and charities you choose
- Name an executor to settle your estate
- Nominate a guardian for your minor children
- Waive the bond your executor would otherwise have to post
- Allow independent administration, which reduces court supervision
To be valid, an Illinois will must be signed by a person 18 or older of sound mind and attested by two credible witnesses. Notarization isn't required for the will itself. The main limit of a will is that it works through probate: your executor files it with the circuit court in your county, and the court oversees the estate until it closes.
What a revocable living trust does
A revocable living trust is a legal arrangement you create during your life. You transfer your home and accounts into the trust, and you stay in control as the trustee. You can change it or cancel it at any time. When you die or become unable to manage your affairs, the successor trustee you chose takes over without going to court.
A trust plan also includes a pour-over will. It catches any property you didn't move into the trust and directs it there. Property that passes through a pour-over will still goes through probate, which is why trust funding matters. Our Trust Plan includes a funding checklist for your bank and investment accounts. Each property you own goes into the trust by its own deed, $149 each, recorded with the county; the Plan Finder adds one for each property you list.
How probate works in Illinois, and how long it takes
Probate is the court process for settling an estate. In Illinois, the executor files a petition with the circuit court, notifies heirs and beneficiaries, and publishes a notice to creditors in a local newspaper. Creditors have at least six months from the first publication to file claims. The executor then pays debts and taxes, files an inventory and accounting as required, and distributes what's left.
A simple Illinois probate estate usually takes 9 to 12 months. A contested estate, where family members fight over the will or how property is divided, can last three to five years, and legal fees can consume a large share of what the family was meant to inherit. A clear, properly signed plan is the best protection against that fight. The costs include court filing fees, publication fees, an executor's time, and attorney fees. Probate filings are public records, so anyone can see what was in the estate and who received it.
How to avoid probate in Illinois without a trust
A trust isn't the only way to keep property out of probate. Many Illinois families avoid probate entirely with a will-based plan and a few simple tools:
- Transfer on Death Instrument (TODI). Under the Illinois Real Property Transfer on Death Instrument Act (755 ILCS 27), you can name who receives your real estate at death. You keep full ownership while you're alive and can revoke it. It must be signed with two witnesses and a notary and recorded with the county before death.
- Beneficiary designations. Life insurance, 401(k)s, and IRAs pass directly to the beneficiaries you name with the company.
- Payable-on-death and transfer-on-death accounts. Banks and brokerages let you name a beneficiary on checking, savings, and investment accounts.
- Joint ownership with right of survivorship. Property owned this way passes to the surviving owner automatically.
- Small estate affidavit. If what's left in your name is personal property worth $100,000 or less, your family may be able to collect it without opening probate. It can't be used to transfer real estate.
These tools work well when they're set up correctly and kept current. They break down when a beneficiary dies first, when accounts are opened without beneficiaries, or when you own real estate in more than one state.
When a trust makes more sense than a will
You own real estate in more than one state
A will-based plan can require probate in Illinois and a second, ancillary probate in each state where you own real estate. Deeding that property into a trust avoids both.
You have young beneficiaries
Under a will, a child who inherits receives the money outright at 18. A trust lets you hold it until 25, 30, or whatever ages you choose, and lets the trustee pay for school and health care along the way.
Privacy matters to you
A trust isn't filed with the court, so your assets and beneficiaries stay private.
You want a smooth plan for incapacity
If you become unable to manage your affairs, your successor trustee steps in for everything in the trust. Your financial power of attorney covers the rest.
When you need more than a flat-fee plan
Blended families, estates near the Illinois estate tax threshold, beneficiaries with special needs, and businesses with partners need more planning than a standard plan provides. Our Plan Finder routes these situations to a consultation with an attorney or to an attorney's review before anything is drafted.
How much does a will or trust cost in Illinois?
A traditional Illinois law office typically charges about $1,000 to $2,000 for a will-based estate plan and $3,700 to $5,500 for a revocable living trust plan, depending on the firm and the complexity. Online document sites cost less but usually leave you to find witnesses and a notary, file your own deed, and work without attorney review.
Our plans are flat-fee and include attorney review and a remote signing session: Will Only from $199, a full Will-Based Estate Plan from $499, and a Trust Plan from $999. County recording fees are passed through at cost, plus a $10 e-recording fee for each recorded document. See every plan and what it includes.
Powers of attorney: needed with either plan
A will and a trust both deal with your property. Neither one lets someone make medical decisions for you or manage accounts outside the trust while you're alive. Illinois uses two statutory forms:
- Illinois Statutory Short Form Power of Attorney for Property names an agent to handle your finances, pay bills, and deal with banks and the IRS.
- Illinois Statutory Short Form Power of Attorney for Health Care names an agent to make medical decisions and talk with your doctors.
An advance directive, sometimes called a living will, states your wishes about life-sustaining treatment. Without these documents, your family may have to ask a court to appoint a guardian, which takes time and money and is public.
Estate planning after a dementia or Alzheimer's diagnosis
A dementia or Alzheimer's diagnosis changes the timeline. The documents that protect you have to be signed while you can still understand them, and the plan has to protect your savings on the days when your judgment isn't what it used to be.
Protecting your assets during a cognitive episode
People in the early and middle stages of dementia often have good days and hard days. On a hard day, a person can give money away, sign a contract, change a beneficiary, or believe a scam caller they would have hung up on a year earlier. The money lost in those moments is often the money meant to pay for care. A good plan puts someone you trust in a position to step in:
- A financial power of attorney that's effective right away. Your agent can act alongside you now, watching accounts and stopping a bad transaction, without waiting for a doctor to declare you incapacitated.
- A revocable living trust with clear incapacity terms. The trust can name a co-trustee to serve with you today, or spell out how incapacity is decided, such as a letter from your physician, so your successor trustee takes over without a court hearing.
- A health care power of attorney and advance directive. These name who speaks with your doctors and record your wishes about treatment while you can still express them.
- Account safeguards. Your agent can help add a trusted contact to investment accounts, set up alerts, and limit large transfers.
Sign while your wishes are clear
To sign a valid will in Illinois, a person must understand what they own, who their family is, and what the document does with their property. An early diagnosis doesn't automatically mean someone lacks that capacity. But every month of delay makes the documents easier for a family member to challenge later. If you or a parent has received a diagnosis, book a consultation so an attorney can talk with you directly before signing.
What happens without a plan
If someone loses capacity without powers of attorney or a trust, the family has to ask the court to appoint a guardian of the estate. Guardianship requires a court hearing, ongoing court supervision, and regular accountings, and it is public. It costs far more than the documents that would have avoided it.
The Illinois estate tax
Illinois has its own estate tax, separate from the federal tax. It applies to estates over $4 million, and the count includes your home, retirement accounts, and life insurance death benefits. Unlike the federal tax, Illinois doesn't let a surviving spouse use the unused exemption of the spouse who died first. Married couples with a combined estate approaching $4 million should talk with an attorney about tax planning before choosing a plan.
What happens if you die without a will in Illinois
If you die without a will, Illinois law decides who inherits (755 ILCS 5/2-1). For example:
- Married with children: your spouse receives half and your children share the other half.
- Married with no children: your spouse receives everything.
- Children but no spouse: your children share everything.
- No spouse or children: your parents, brothers, and sisters inherit, then more distant relatives.
Without a will, the court also chooses who administers your estate and who raises your minor children. Unmarried partners and stepchildren receive nothing under these rules.
Can you sign a will online in Illinois?
Yes. The Illinois Electronic Wills and Remote Witnesses Act (755 ILCS 6) allows a will to be signed electronically and witnessed over live video. We handle the whole session: you, two witnesses, and our notary on one secure video call, with the signed documents kept as described in your engagement agreement. See what to expect on the call.
Frequently asked questions about wills and trusts in Illinois
Is a trust better than a will in Illinois?
Not always. A trust avoids probate and keeps your estate private, but it costs more and has to be funded. For one Illinois home and adult beneficiaries, a will plus a TODI usually gets the same result for less.
Does a will avoid probate in Illinois?
No. A will is filed with the probate court. To keep property out of probate, use a TODI, beneficiary designations, or a trust.
Do I still need a will if I have a trust?
Yes. A pour-over will sends anything left outside the trust into it and nominates a guardian for minor children.
Does a will have to be notarized in Illinois?
No. An Illinois will needs two credible witnesses. Powers of attorney and TODIs have their own witness and notary requirements, which we handle in the same signing session.
How long does probate take in Illinois?
Usually 9 to 12 months for a simple estate. A contested estate can take three to five years, with legal fees eating into what the family receives.
Can I still make a will after a dementia diagnosis?
Often yes, especially in the early stages. You must understand what you own, who your family is, and what the will does. Sign as soon as you can, and talk with an attorney first so the documents hold up.
Can I change my will or trust later?
Yes. Both a will and a revocable trust can be changed while you're alive. Our plan update is $99 and includes a new signing session.
This guide is general information about Illinois law, not legal advice for your situation. Reading it doesn't create an attorney-client relationship.