Estate Planning for Cook County, Illinois Property Owners

For most Cook County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Cook County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court of Cook County. The two tools that keep a Cook County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Cook County property passes through the Circuit Court of Cook County — even simple Illinois probates run 6+ months and start with $479 in filing fees. Illinois also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Cook County

A transfer on death instrument names a beneficiary who receives Cook County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, an Illinois transfer on death instrument is signed with 2755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source witnesses and notary acknowledgment755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source. The deed takes effect only if it is recorded before the owner's death755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Cook County are recorded with the County Clerk at 118 North Clark Street, Room 120, Chicago, IL 60602. Phone: 1-312-603-5050. Hours: Monday-Friday 9:00 AM-5:00 PM (last customer accepted at 4:45 PM).

The County Clerk charges $107 flat, regardless of page count. A transfer on death instrument is priced on its own line, $59 flat, regardless of page count. Recording a 2-page transfer on death instrument in Cook County comes to $59. A transfer on death instrument is exempt from transfer tax.

Cook County accepts electronic recording through Simplifile, CSC, ePN and Hopdox.

Recording Office Record

County Clerk

Cook County

Hours

Monday-Friday 9:00 AM-5:00 PM (last customer accepted at 4:45 PM)

Office

118 North Clark Street, Room 120, Chicago, IL 60602

Fees

Recording fees

Flat fee (any length)$107
Transfer on death deed (the office’s own line)$59 flat, regardless of page count
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

55 ILCS 5/4-12002.3; Cook County Clerk Recording Fees (effective April 1, 2024)

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Cook County

Solo PracticeSchaumburg, IL

Anderson Attorneys, P.C.

Serves 5 counties

Schaumburg practice serving northwest suburban Cook County and neighboring DuPage, Lake, and Kane counties. Represents clients on both sides of probate litigation, including will contests and disputes over executor or trustee conduct, and handles guardianships, wills, trusts, and powers of attorney. Free initial consultation.

PracticesEstate PlanningProbateProbate LitigationConservatorshipand 2 more

Office
1101 Perimeter Drive, Suite 220Schaumburg, IL 60173
Free consultation

FirmPark Ridge, IL

Bellas & Wachowski, Attorneys at Law

Serves 2 counties

Park Ridge firm of more than 40 years, with a by-appointment Chicago office, serving Cook and DuPage County families. Guides executors, administrators, and trustees through Illinois probate and trust administration — asset valuation, debt and tax resolution, distribution — and represents clients in will contests and heirship disputes. Also handles guardianships of adults and minors.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
15 N. Northwest HighwayPark Ridge, IL 60068

Solo PracticeOak Park, IL

Capraro Law

Serves 1 county

Oak Park practice serving Forest Park, Maywood, Berwyn, River Forest, Riverside, Elmwood Park, and the western Chicago suburbs. Collects estate assets and income, pays taxes, debts, and claims, transfers property titles to heirs, and represents either side in contested wills and trusts. Also handles guardianships and powers of attorney.

PracticesEstate PlanningProbateProbate LitigationConservatorshipand 2 more

Office
1010 Lake Street, Suite 501AOak Park, IL 60301
Free consultation

Solo PracticeOrland Park, IL

Charles M. Zarzecki, P.C.

Serves 3 counties

Orland Park solo practice serving south suburban Cook, DuPage, and Will counties. Guides executors, administrators, and heirs through probate and estate administration — will interpretation, asset identification and distribution, real-estate sales, and account closure — with particular depth on the tax side of settling an estate.

PracticesEstate PlanningProbateWills Trusts

Office
13500 Circle Drive, Suite 203Orland Park, IL 60462
Free consultation

FirmArlington Heights, IL

Cosley Law Office

Serves 3 counties

Arlington Heights practice on Salt Creek Lane serving the northwest suburbs — Palatine, Rolling Meadows, Schaumburg, and Barrington — across Cook, Lake, and DuPage counties. Attorney Donald J. Cosley drafts wills, revocable living trusts, powers of attorney for property and health care, and HIPAA releases. Offers free consultations and Spanish-language service.

PracticesEstate PlanningWills Trusts

Office
3030 Salt Creek Lane, Suite 120Arlington Heights, IL 60005
Free consultation

Solo PracticeEvanston, IL

Daci Jett Law, LLC

Serves 1 county

Downtown Evanston practice on Church Street serving Evanston, Chicago, and North Shore families. Handles Cook County probate — validating the will, collecting assets, paying debts and taxes, and distributing to beneficiaries — plus trust administration and estate mediation. Attorney Daci Jett meets clients in person or by video.

PracticesEstate PlanningTrust AdministrationProbateWills Trusts

Office
708 Church Street, Suite 239Evanston, IL 60201
Virtual consultations
See all 45 firms serving Cook County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Illinois statutes and official state code. How we research.

Forms for Planning Your Estate in Illinois

Free forms for planning your estate in Illinois: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Illinois.

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Last Will and Testament

In Illinois, a will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavit755 ILCS 5/4-3Verified Oct 18, 2026View source.

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Codicil to a Will

In Illinois, a codicil is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, like a will.

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Healthcare Power of Attorney

Illinois requires 1755 ILCS 45/4-10Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not required755 ILCS 45/4-10Verified Oct 15, 2026View source.

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HIPAA Release

In Illinois, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information, mental health records and genetic information410 ILCS 305/9(1)(b); 740 ILCS 110/5; 410 ILCS 513/15(a) and 410 ILCS 513/30(a)(2)Verified Jun 19, 2026View source expressly before a provider releases them.

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Financial Power of Attorney

Illinois treats a power of attorney as durable by default755 ILCS 45/2-3, 45/2-5, 45/2-8, 45/2-10.6, 45/3-3, 45/3-3.6, 45/3-4; 765 ILCS 5/28; 755 ILCS 5/11-1Verified Sep 18, 2026View source, and it is signed before 1755 ILCS 45/2-3, 45/2-5, 45/2-8, 45/2-10.6, 45/3-3, 45/3-3.6, 45/3-4; 765 ILCS 5/28; 755 ILCS 5/11-1Verified Sep 18, 2026View source witness and a notary.

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Transfer on Death Deed

In Illinois, a transfer on death instrument is signed before a notary755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source and 2755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source witnesses, then recorded with the county before the owner's death755 ILCS 27/1 to 27/95Verified Oct 18, 2026View source. Illinois does not recognize a Lady Bird deed.

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Vehicle Transfer on Death

Illinois allows a transfer-on-death beneficiary designation on a vehicle title625 ILCS 5/3-104(a-5), 3-107(b-5)Verified Oct 21, 2026View source, filed through the Illinois Secretary of State, Vehicle Services Department using Form VSD 773.

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Living Will

In Illinois, the living will is the Living Will Declaration755 ILCS 35 (Illinois Living Will Act), §§ 1-10Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

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Tools for Planning Your Estate in Illinois

Free tools for planning your estate in Illinois: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Illinois and read its answer.

How Do I Sign Estate Documents?

In Illinois, a will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and notarization is not required755 ILCS 5/4-3Verified Oct 18, 2026View source.

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Will My Estate Documents Transfer?

Illinois recognizes a will signed under the law of the place where it was signed755 ILCS 5/7-1Verified Oct 18, 2026View source; a will signed in Illinois itself needs 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, and notarization is not required755 ILCS 5/4-3Verified Oct 18, 2026View source.

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Trust or Will: Which Costs Less?

In Illinois, a will-based plan pays probate attorney fees of typically 1.9%Modeled estimate under 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3%Modeled estimate under 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living trust in Illinois runs $3,680Estimate: 10 hours at $368, Clio's Illinois Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,520Estimate: 15 hours at $368, Clio's Illinois Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.

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How Much Does a Will Cost?

An attorney-prepared will in Illinois runs $1,002Estimate: 3 hours at $334, Clio's Illinois Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,004Estimate: 6 hours at $334, Clio's Illinois Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source.

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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

In Illinois, a parent names a guardian for a minor child in a will or a separate signed writing755 ILCS 5/11-5(a-1), 11-5(a)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18755 ILCS 5/11-1Verified Sep 15, 2026View source.

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Do I Need a Revocable Trust?

Probate in Illinois takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.9%Modeled estimate under 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3%Modeled estimate under 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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