© 2026 SimplyTrust Software Inc.
Compare 2026 California vs Illinois probate costs, will execution requirements, trust laws, and what happens if you die without a plan.
California sets probate attorney fees by statute as a percentage of the estate, while Illinois allows negotiable "reasonable" fees. California's $208,850 small estate threshold is much higher than 150,000, allowing more estates to skip formal probate. California recognizes handwritten (holographic) wills, offering an alternative to formal witnessed documents.
What's needed to create and execute a valid last will and testament.
Estimated probate costs including attorney fees, executor fees, and court costs.
With a valid will, you control who inherits - but it requires probate.
How easily you can create and sign your will digitally, including remote notarization options.
California
UETA explicitly excludes wills
SB 696 passed Sept 2023. CA notaries cannot perform RON until tech platform ready (by Jan 1, 2030). CA accepts out-of-state RON under Civ. Code § 1189(b). Prob. Code § 6110 requires witnesses "present at the same time."
Illinois
Accepts out-of-state remote notarization
Electronic statute: 755 ILCS 6
Electronic Wills and Remote Witnesses Act
RON authorized by P.A. 102-160; fully operational January 1, 2024 per P.A. 103-562. For electronic docs, signer may be anywhere in the US; for tangible docs, both parties must be in Illinois.
How to modify your will after it's been signed and executed.
California
Requires creating a new will or codicil with the same execution requirements. California does not authorize electronic wills.
Illinois
Illinois authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.
This comparison provides general information about state estate planning laws and estimated costs. Actual requirements and costs may vary. Consult a licensed attorney for guidance specific to your situation.
Remote notarization is a key difference. Illinois fully supports RON for trust signing, allowing notarization via video call.
Neither California nor Illinois requires witnesses or notarization for trust execution. Many banks and title companies do require notarized trust documents before accepting them.
Both California and Illinois offer transfer-on-death deeds. TOD deeds transfer real estate at death without probate but only cover real property and don't provide incapacity protection. Trusts cover all asset types, provide privacy, and include incapacity provisions.
Guides covering California and Illinois estate planning laws.
Explore related tools and documents to complete your estate plan.
Transfer assets to your existing trust. State execution requirements included.
Create a free, state-specific will with witness and notarization requirements included.
Find out if a revocable trust makes sense based on your state's laws.
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
Understand what you need to execute your estate planning documents. Check witness requirements, notarization rules, and whether you can sign remotely via video call (RON).
Step-by-step guide for successor trustees administering a trust. Understand your duties, notification deadlines, and asset management responsibilities.
Get a personalized checklist for settling an estate after someone passes away. Covers trust administration, probate, and intestate estates.