Estate Planning for Monroe County, Illinois Property Owners

For most Monroe 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 Monroe 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 Monroe 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.

Without a recorded beneficiary designation or a trust, Monroe County property passes through the Circuit Court — even simple Illinois probates run 6+ months and start with about $284 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 Monroe County

A transfer on death instrument names a beneficiary who receives Monroe 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.

Create a Illinois TOD deed →Monroe County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Monroe County are recorded with the County Clerk and Recorder at 100 South Main Street, Waterloo, IL 62298. Phone: 1-618-939-8623. Hours: Monday-Friday 8:00 AM-4:30 PM.

The County Clerk and Recorder charges $83 flat, regardless of page count. Recording a 2-page transfer on death instrument in Monroe County comes to $83. A transfer on death instrument is exempt from transfer tax.

Recording Office Record

County Clerk and Recorder

Monroe County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

100 South Main Street, Waterloo, IL 62298

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Fees

Recording fees

Flat fee (any length)$83
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

55 ILCS 5/3-5018.2 (counties of the first and second class); 55 ILCS 5/4-12002.3 (county of the third class — Cook)

Verified September 4, 2026 · Source

Estate Planning Attorneys Serving Monroe County

FirmBelleville, IL

Embrich & Elliott Law, LLC

Since 2023 · Serves 8 counties

Belleville firm serving the Metro East (St. Clair and Madison counties), with an Edwardsville office by appointment. Handles probate for executors and heirs — filing the will, appointing the representative, inventorying assets, creditor notice, tax filings, and distribution — plus will contests and estate mediation. Both founding partners are certified mediators.

PracticesEstate PlanningProbateProbate LitigationSpecial Needs Planningand 2 more

Office
120 West Main Street, Suite 201Belleville, IL 62220

FirmBelleville, IL

Katzman & Sugden, LLC

Serves 3 counties

Belleville firm on South Charles Street serving St. Clair, Madison, and Monroe county families across the Metro East. Handles estate administration and guardianships after a death, and drafts wills, trusts, health care directives, living wills, and powers of attorney.

PracticesEstate PlanningProbateConservatorshipGuardianshipWills Trusts

Office
300 South Charles StreetBelleville, IL 62220
Free consultation

FirmColumbia, IL

Stumpf & Gutknecht, P.C.

Serves 3 counties

Columbia firm in Monroe County, serving the Illinois side of the St. Louis Metro East. Handles probate and trust administration after a death — identifying estate assets, notifying creditors, paying final tax obligations, and distributing to beneficiaries — and represents families in will contests and breach of fiduciary duty claims, alongside wills, trusts, and business planning.

PracticesEstate PlanningTrust AdministrationProbateProbate LitigationWills Trusts

Office
222 S Main StColumbia, IL 62236

FirmBelleville, IL

Wilson, Dabler & Associates, L.L.C.

Since 1991 · Serves 5 counties

Belleville firm serving St. Clair, Monroe, Clinton, Madison, and Randolph counties, with a by-appointment satellite office in Waterloo. Identifies and secures estate assets, orders property appraisals, manages estate bank accounts, files probate court documents, satisfies estate tax obligations, and transfers assets to beneficiaries. Primarily a family-law and mediation practice.

PracticesEstate PlanningProbateWills Trusts

Office
14 South Second StreetBelleville, IL 62220

FirmTaylorville, IL

Beavers, Calvert, & Brotherton

Since 1928 · Serves the whole state

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

Office
221 West Main Cross StreetTaylorville, IL 62568

FirmMacomb, IL

Bougher, Krisher & Clark, Attorneys at Law, P.C.

Serves the whole state

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

Office
32 West Side SquareMacomb, IL 61455
See all 13 firms serving Monroe 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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