Illinois Estate Planning: Free Wills, Forms & Calculators

Like all states, Illinois recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2755 ILCS 5/4-3Verified May 31, 2026 adult witnesses. Illinois doesn't offer a self-proving affidavit at the time you sign your will. Instead, your witnesses may need to provide sworn statements during probate to verify they watched you sign. Keep their contact information current—if they can't be located, proving the will becomes more complicated.

Estates valued under $150,000755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026 may avoid formal probate entirely through a simplified affidavit procedure. This threshold is relatively generous compared to other states, potentially saving families significant time and legal fees.

Illinois imposes its own estate tax on estates exceeding $4,000,00035 ILCS 405/2Verified May 31, 2026, with a top rate of 16%35 ILCS 405/2Verified May 31, 2026. This is separate from the federal estate tax and applies at a much lower threshold—the federal exemption is $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Jan 2, 2026. Families with estates near this threshold often use trusts and lifetime gifting to reduce exposure.

Illinois allows transfer-on-death deeds for real estate, enabling property to pass directly to named beneficiaries without probate. This is a significant probate avoidance tool that doesn't require creating a trust. Transferring property into a revocable trust does not trigger a property tax reassessment in Illinois, so property taxes remain at their current level.

Illinois provides a statutory homestead exemption protecting up to $50,000 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home. Executors must publish a notice to creditors, who then have 6 months755 ILCS 5/18-3Verified May 31, 2026 to file claims against the estate. Known creditors must also receive direct written notice.

Illinois automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce. Illinois does not protect inherited IRAs from creditors. Unlike the owner's own retirement accounts, inherited IRAs in Illinois are vulnerable to creditor claims, which is an important consideration when naming beneficiaries.

Illinois fully authorizes remote online notarization (RON) for estate planning documents, including wills, trusts, healthcare directives, powers of attorney. This allows the entire signing process to happen via video call from anywhere.