Estate Planning for Kane County, Illinois Property Owners

For most Kane 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.

Record a TOD deedWhere to recordLocal attorneys

For a Kane 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 Kane County home out of probate are a transfer-on-death deed recorded with the County 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 $314 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.

Record a Transfer-on-Death Deed in Kane County

A transfer on death instrument names a beneficiary who receives Kane County property automatically at the owner's death, without probate. It is recorded with the County 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.

Create a Illinois TOD deed →Kane County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Kane County are recorded with the County Recorder at 719 South Batavia Avenue, Building C, Geneva, IL 60134. Phone: 1-630-232-5935. Hours: Monday-Friday 8:30 AM-4:30 PM (plats stop at 3:00 PM, documents stop at 4:15 PM).

The County Recorder charges $99 flat, regardless of page count. A 2-page transfer on death instrument costs $99 to record in Kane County. A transfer on death instrument is exempt from transfer tax.

Kane County accepts electronic recording through CSC, Simplifile and Hopdox.

Recording Office Record

County Recorder

Kane County

Hours

Monday-Friday 8:30 AM-4:30 PM (plats stop at 3:00 PM, documents stop at 4:15 PM)

Office

719 South Batavia Avenue, Building C, Geneva, IL 60134

Open in Google Maps

Fax

1-630-232-5945

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Kane County

FirmSouth Elgin, IL

Ariano Hardy Ritt Richmond Lytle & Goettel P.C.

Serves 6 counties

South Elgin and Huntley firm serving Kane, McHenry, DuPage, DeKalb, Kendall, and Cook counties. Handles wills and trusts, probate, trust administration, guardianships, and special needs trusts, and represents executors and beneficiaries in will contests and estate litigation.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more

Office
2000 McDonald Road, Suite 200South Elgin, IL 60177
Free consultation

FirmNaperville, IL

Collander Law Offices, Ltd.

Since 1979 · Serves 3 counties

Naperville firm serving DuPage County and the western Chicago suburbs since 1979. Guides families through Illinois probate, where the court identifies heirs, appraises assets, pays valid debts, and distributes what remains, and prepares wills, trusts, and powers of attorney. Residential real estate and business formation round out the practice.

PracticesEstate PlanningProbateBusiness LawReal EstateWills Trusts

Office
608 South Washington Street, Suite 307Naperville, IL 60540
Free consultation

FirmCrystal Lake, IL

Cowlin, Naughton, Curran, Cuda & Hanzel

Serves 3 counties

Crystal Lake firm of five attorneys serving McHenry, Lake, and Kane counties. Guides families through Illinois probate — validating the will, inventorying and appraising property, paying debts, and distributing assets — and handles guardianships for adults and minors, with attorneys appointed as guardian ad litem. Wills, trusts, and real estate round out the practice.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 3 more

Office
20 Grant StreetCrystal Lake, IL 60014
Free consultation

FirmAurora, IL

Dickson, Francissen & Bartz, LLP

Serves 7 counties

Aurora firm on West Galena Boulevard probating estates in Kane, Kendall, DuPage, Will, DeKalb, and Cook counties. Advises executors, administrators, and trustees through independent administration, trust reformation petitions, and estate and gift tax issues, and represents clients in will contests. Brings nearly 50 years of estate and farm succession planning.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more

Office
2000 W. Galena Boulevard, Suite 209Aurora, IL 60506

Solo PracticeGeneva, IL

DLAW, PC

Serves 3 counties

Geneva practice on North 1st Street serving Kane and DuPage County families in St. Charles, Batavia, Aurora, and Elgin. Guides families through probate and decedent estate administration, including intestate estates, plus wills, trusts, powers of attorney, and adult guardianships. Attorney Deanna L. Aguinaga Walker offers free consultations.

PracticesEstate PlanningProbateConservatorshipGuardianshipWills Trusts

Office
28 N. 1st Street, Suite 101Geneva, IL 60134
Free consultation

FirmOakbrook Terrace, IL

Farooqi & Husain Law Office

Serves 4 counties

Oakbrook Terrace firm serving DuPage, Cook, Will, and Kane counties. Represents trustees and named beneficiaries in opening, administering, and closing estates — probate court appearances, property management, final tax returns, small estates, and will contests. Attorneys Ausaf Farooqi and Naveed Husain also draft Islamic wills and trusts.

PracticesEstate PlanningProbateProbate LitigationTax Planningand 3 more

Office
2 Trans Am Plaza Drive, Suite 160Oakbrook Terrace, IL 60181
See all 31 firms serving Kane 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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