For most Effingham 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 Effingham County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Circuit Court. The two tools that keep a Effingham County home out of probate are a transfer-on-death deed recorded with the County Clerk and Recorder, and a revocable living trust that holds title to the property.
Skipping this planning step means the Circuit Court decides who receives the property: a simple Illinois probate takes 6+ months and opens with about $284 in court filing fees. Illinois also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.
A transfer on death instrument names a beneficiary who receives Effingham County property automatically at the owner's death, without probate. It is recorded with the County Clerk and Recorder 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.
Deeds and other real property documents for Effingham County are recorded with the County Clerk and Recorder at 101 North Fourth Street, Suite 201, 2nd Floor, Effingham, IL 62401. Phone: 1-217-342-6535. Hours: Monday-Friday 8:00 AM-4:00 PM.
Documents submitted by mail go to P.O. Box 628, Effingham, IL 62401.
The County Clerk and Recorder charges $74 flat, regardless of page count. A 2-page transfer on death instrument costs $74 to record in Effingham County. A transfer on death instrument is exempt from transfer tax.
Effingham County accepts electronic recording.
Recording Office Record
Effingham County
Phone
Hours
Office
Website
E-recording
Fax
Recording fees
| Flat fee (any length) | $74 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; Effingham County Recorder Basic Recording Fees (effective January 1, 2025)
Verified October 16, 2026 · Source
FirmEffingham, IL
Effingham firm serving Effingham County and the surrounding southern-central Illinois region, with a second office in Altamont. Kirsten Osteen handles probate and guardianship and David McDevitt handles estate and probate litigation, alongside wills, trusts, and estate planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
FirmTaylorville, IL
Taylorville firm practicing in Christian County since 1928. Guides executors and trustees through probate and estate administration and litigates disputes between heirs, estate challenges, trustee misconduct, and misappropriation of assets. Also drafts wills, trusts, and powers of attorney and handles guardianships for minors and incapacitated adults.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more
FirmMacomb, IL
Macomb general-practice firm on West Side Square, serving McDonough, Hancock, Henderson, Fulton, Schuyler, Warren, and Knox county families. Estate administration work covers probate, small estate affidavits, will contests, and inheritance and estate tax returns. Farm estates and farm succession planning are a recurring emphasis.
PracticesEstate PlanningProbateProbate LitigationTax Planningand 3 more
Solo PracticeLake Forest, IL
Lake Forest office on S. Saunders Road serving Chicago, the North Shore, and clients throughout Illinois and Missouri. Guides executors and trustees through probate — validating the will, inventorying and valuing assets, creditor and beneficiary notice, court filings, and distribution — plus guardianship and digital-asset planning. Attorney Shanise Evans meets clients in person or virtually.
PracticesEstate PlanningTrust AdministrationProbateConservatorshipand 3 more
FirmFrankfort, IL
Frankfort firm on West Lincoln Highway serving Will, Cook, and Kankakee counties and clients across Illinois. Opens estates in the county probate court, prepares inventories and creditor notices, and handles ancillary probate for out-of-state decedents with Illinois property, alongside trust administration, guardianships, and special needs trusts. Free consultation.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 4 more
FirmChester, IL
General-practice firm on State Street in Chester, established in 1947, serving Randolph County and clients across Illinois. Represents clients in probate court and in probate disputes, drafts wills, trusts, powers of attorney, and living wills, and handles guardianships and business succession. Free initial consultation.
PracticesEstate PlanningProbateProbate LitigationConservatorshipand 2 more
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.
Data sourced from Illinois statutes and official state code. How we research.
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.
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.
In Illinois, a codicil is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses, like a will.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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.
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.
Estate planning articles for Illinois.
Estate planning articles for Illinois.
