Estate Planning for Montgomery County, Illinois Property Owners

For most Montgomery 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 Montgomery 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 Montgomery 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.

Record a Transfer-on-Death Deed in Montgomery County

A transfer on death instrument names a beneficiary who receives Montgomery 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 →Montgomery County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Montgomery County are recorded with the County Clerk and Recorder at 1 Courthouse Square, Hillsboro, IL 62049. Phone: 1-217-532-9530. Hours: Monday-Friday 8:00 AM-4:00 PM.

Documents submitted by mail go to P.O. Box 595, Hillsboro, IL 62049.

The County Clerk and Recorder charges $88 flat, regardless of page count. A 2-page transfer on death instrument costs $88 to record in Montgomery County. A transfer on death instrument is exempt from transfer tax.

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

Recording Office Record

County Clerk and Recorder

Montgomery County

Hours

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

Office

1 Courthouse Square, Hillsboro, IL 62049

E-recording

available via CSC, ePN, Hopdox and Simplifile

Open in Google Maps

Mail

P.O. Box 595 Hillsboro, IL 62049

Fax

1-217-532-9581

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Montgomery County

Solo PracticeEdwardsville, IL

Hawkins Law Office, P.C.

Serves 7 counties

Edwardsville practice serving Madison County and the nearby communities of Belleville, Carlinville, Jerseyville, Vandalia, Hillsboro, and Greenville. Deb Hawkins handles probate and guardianships and drafts wills, testamentary trusts, living wills, and powers of attorney. Offers a free 30-minute initial consultation for estate planning and probate matters, alongside a family law practice.

PracticesEstate PlanningProbateConservatorshipGuardianshipWills Trusts

Office
101 W Vandalia St, Suite 150Edwardsville, IL 62025
Free consultation

FirmLitchfield, IL

Law Offices of West & Ginos, LLC

Serves 8 counties

Litchfield and Nokomis offices serving Montgomery County and surrounding central Illinois counties. Guides executors through probate — filing the will with the circuit clerk, appraising property, paying debts, and distributing to heirs — plus small estate affidavits, guardianship administration, and probate litigation. Attorneys Trent S. West and Michael G. Ginos also draft wills and trusts.

PracticesEstate PlanningProbateProbate LitigationConservatorshipand 2 more

Office
413 N. State StreetLitchfield, IL 62056

FirmEdwardsville, IL

Opel Bash Group

Serves 5 counties

Edwardsville firm founded by attorneys Kathie Opel and Erica Bash, serving Madison and St. Clair counties in the Metro East. Handles probate and trust administration for executors and beneficiaries — managing estate assets, tax matters, and distribution — plus wills, trusts, and powers of attorney alongside a business-law practice.

PracticesEstate PlanningTrust AdministrationProbateWills Trusts

Office
517 Saint Louis StreetEdwardsville, IL 62025
Free consultation

FirmChampaign, IL

Meyer Capel

Serves 2 counties

Serves Champaign and McLean counties from offices in Champaign and Bloomington. Its estate and trust group handles estate administration and probate alongside estate and charitable gift planning, with eight attorneys in the practice, two of them at the Bloomington office.

PracticesEstate PlanningProbate

Office
306 West Church StreetChampaign, IL 61820

FirmEureka, IL

Pioletti Pioletti & Nichols

Since 1938 · Serves 7 counties

Woodford County firm based in Eureka since its founding by Don B. Pioletti Sr. in 1938, with offices in Bloomington, Peoria, Springfield, and Kankakee. Drafts wills, living and life insurance trusts, special needs trusts, powers of attorney, and health care directives, and handles creditor claims, fiduciary litigation, trust contests, and guardianships.

PracticesEstate PlanningProbate LitigationConservatorshipGuardianshipand 2 more

Office
107 E Eureka Avenue, Suite 1Eureka, IL 61530
Free consultation

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
See all 14 firms serving Montgomery 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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Free

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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