Forms for Planning and Settling an Estate in Illinois

Free Illinois forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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Pour-Over Will

In Illinois, a pour-over will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Tools for Planning and Settling an Estate in Illinois

Free calculators and checklists for planning or settling an estate in Illinois: will and trust costs, probate, executor pay, and inheritance taxes.

How Do I Settle a Trust?

Settling a trust in Illinois happens outside court: the trustee acts under the state's Uniform Trust Code760 ILCS 3/101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 90 days760 ILCS 3/813.1Verified Oct 10, 2026View source, then pays the debts and distributes under the trust's terms.

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What's Fair Trustee Compensation?

In Illinois, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent)760 ILCS 3/708Verified Sep 18, 2026View source unless the trust instrument sets a different amount.

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How Do I Settle an Estate?

Settling an estate in Illinois: the personal representative files the estate inventory within 60 days755 ILCS 5/14-1Verified Oct 10, 2026View source of appointment; creditors have 6 months755 ILCS 5/18-3, 5/18-10, 5/18-11, 5/18-12Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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Do I Have to File Tax Returns for Someone Who Died?

Illinois requires a final state income tax return for the decedent alongside the federal Form 104035 ILCS 5/201Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Does Step-Up in Basis Work?

Inherited assets in Illinois take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular rates35 ILCS 5/201(b)(5.4) flat 4.95% rate on individuals, trusts, and estates; § 201(c)-(d) personal property tax replacement income tax; 35 ILCS 5/203 federal AGI conformityVerified Sep 15, 2026View source.

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