What documents make up an Illinois estate plan?

Commonly a will (755 ILCS 5/4-3), often with a revocable trust (760 ILCS 3/402, 760 ILCS 3/602), beneficiary designations, a transfer on death instrument for a residence (755 ILCS 27/20), a power of attorney for property, and a power of attorney for health care (755 ILCS 45/4-10), with or without a living will (755 ILCS 35/3).

Does an Illinois trust avoid probate?

Property titled to the trust passes under its terms without probate — real property by a written instrument of conveyance to the trustee (760 ILCS 3/115). Property left in the decedent's own name may need probate, a small estate affidavit (755 ILCS 5/25-1) or summary administration (755 ILCS 5/9-8), and a will can pour it into the trust (755 ILCS 5/4-4).

Illinois Estate Planning: Wills, Trusts, Probate, Protection

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The building blocks of a Illinois estate plan

A Illinois will

A will directs who receives your property and names a personal representative, but it generally must pass through Illinois probate to take effect. It can also name guardians for minor children.

A revocable living Trust

A revocable living Trust holds your assets during life and passes them to your beneficiaries at death — generally outside probate — while you keep full control and can change it anytime. It is an administration and probate-avoidance tool, not asset protection.

Probate

Probate is the court process that settles a decedent's estate — proving the will, paying creditors, and distributing what remains. In Illinois the circuit court issues letters of office (755 ILCS 5/9-3) and the representative publishes a notice to creditors (755 ILCS 5/18-3); small estates have simpler procedures (755 ILCS 5/25-1, 755 ILCS 5/9-8), and many plans aim to reduce or avoid probate.

Asset protection

Illinois protects some property by statute — the estate of homestead (735 ILCS 5/12-901), retirement plans (735 ILCS 5/12-1006) and life insurance for a spouse, child, parent or dependent (215 ILCS 5/238) — but each depends on facts, timing and titling, and a revocable Trust does not by itself shield assets from creditors (760 ILCS 3/505). This is an area to review with an Illinois attorney.

Powers of attorney & advance directives

A complete plan usually also includes a power of attorney for property, a power of attorney for health care (755 ILCS 45/4-10) and, if you wish, a living will (755 ILCS 35/3) — so someone you trust can act for you if you cannot.

Which plan is right in Illinois?

There is no single best plan for everyone — the right mix of will, Trust, and directives depends on your assets, your family, and your goals. This page is general information, not legal advice. A free role check can show you where you stand, and a Illinois attorney can recommend what fits your situation.

General information about Illinois law, not legal advice.

Frequently asked questions

What documents make up an Illinois estate plan?: Commonly a will (755 ILCS 5/4-3), often with a revocable trust (760 ILCS 3/402, 760 ILCS 3/602), beneficiary designations, a transfer on death instrument for a residence (755 ILCS 27/20), a power of attorney for property, and a power of attorney for health care (755 ILCS 45/4-10), with or without a living will (755 ILCS 35/3).
Does an Illinois trust avoid probate?: Property titled to the trust passes under its terms without probate — real property by a written instrument of conveyance to the trustee (760 ILCS 3/115). Property left in the decedent's own name may need probate, a small estate affidavit (755 ILCS 5/25-1) or summary administration (755 ILCS 5/9-8), and a will can pour it into the trust (755 ILCS 5/4-4).