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Compare 2026 Florida vs Illinois probate costs, will execution requirements, trust laws, and what happens if you die without a plan.
Illinois sets probate attorney fees by statute as a percentage of the estate, while Florida allows negotiable "reasonable" fees. Illinois's $150,000 small estate threshold is much higher than 0, allowing more estates to skip formal probate.
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.
Florida
Accepts out-of-state remote notarization
Electronic statute: Fla. Stat. § 732.521-732.525
Electronic wills law effective July 1, 2020
Florida was a pioneer in RON adoption. Signed June 7, 2019, effective January 1, 2020.
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.
Florida
Florida authorizes electronic wills and electronic codicils. Paper wills require creating a new will or codicil with the same execution requirements.
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.
Illinois offers transfer-on-death deeds for real estate, while Florida does not have this option.
Florida requires 2 witnesses when signing a trust. Most states, including Illinois, do not require witnesses for trust execution.
Illinois offers transfer-on-death deeds, which pass real estate to beneficiaries without probate and without a trust. Florida does not have TOD deeds, so trusts are the primary probate-avoidance tool for real property there.
Florida does not enforce no-contest clauses in trusts. Illinois does enforce them, meaning beneficiaries who unsuccessfully challenge the trust can lose their inheritance.
Guides covering Florida 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.
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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.