For most McLean 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 McLean 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 McLean 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, McLean County property passes through the Circuit Court — even simple Illinois probates run 6+ months and start with $282 in 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 McLean 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.
Deeds and other real property documents for McLean County are recorded with the County Clerk at 115 East Washington Street, Room M104, Bloomington, IL 61702. Phone: 1-309-888-5170. Hours: Monday-Friday 8:00 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 2400, Bloomington, IL 61702.
The County Clerk charges $61 flat, regardless of page count. Recording a 2-page transfer on death instrument in McLean County comes to $61. A transfer on death instrument is exempt from transfer tax.
Recording Office Record
McLean County · Recording Division
Phone
Hours
Office
Website
Fax
Recording fees
| Flat fee (any length) | $61 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
55 ILCS 5/3-5018.2; McLean County Recording Division Current Fees List (effective July 1, 2023)
Verified October 16, 2026 · Source
FirmBloomington, IL
Bloomington firm practicing in McLean County since 1916. Its attorneys handle trusts, estates, and probate — estate administration and the tax work that goes with it — and guardianships, with one partner serving as a certified Guardian ad Litem for the Eleventh Judicial Circuit.
PracticesEstate PlanningTrust AdministrationProbateTax Planningand 3 more
FirmBloomington, IL
Serves McLean County estates through the Bloomington probate court, working with Bloomington-Normal families since 1990. Handles estate and trust administration, wills, powers of attorney, and contested estates. Carries a probate-litigation track for disputed administrations.
PracticesEstate PlanningTrust AdministrationProbateProbate LitigationWills Trusts
FirmBloomington, IL
Serves McLean County estates through the Bloomington probate court near the county courthouse, with coverage extending across Logan, DeWitt, Livingston, Woodford, and Tazewell counties. Works with executors, administrators, and personal representatives to prepare and file probate documents and complete estate settlement from appointment through final distribution.
PracticesEstate PlanningProbateProbate LitigationElder Lawand 4 more
FirmPeoria, IL
Peoria firm serving Peoria, Tazewell, Woodford, Fulton, Knox, and McLean counties, with a second office in Morton. Represents executors, administrators, trustees, and beneficiaries in probate court administration, fiduciary and estate tax returns, small estate affidavits, and estate claims. Also handles guardianships, special needs trusts, and Medicaid planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more
FirmLa Salle, IL
La Salle firm serving the Illinois Valley, traced to a sole practice James Eugene Malone opened in La Salle circa 1909 and formerly Herbolsheimer, Duncan, Eiten & Hintz. Handles probate administration, will and trust contests, and guardianships. John S. Duncan counsels on advanced estate tax planning, marital and bypass trusts, and estate tax return preparation.
PracticesEstate PlanningProbateProbate LitigationTax Planningand 4 more
FirmPontiac, IL
Pontiac firm on North Mill Street serving Livingston County and central Illinois, practicing in Pontiac for more than 60 years with a history reaching back into the 1800s. Handles probate administration, small estate affidavits, and gift and estate tax returns, and drafts wills, trusts, and powers of attorney. Pairs the estate work with farm and business succession planning.
PracticesEstate PlanningProbateTax PlanningAgricultural LawWills Trusts
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.
