Estate Planning for Peoria County, Illinois Property Owners

For most Peoria 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 Peoria 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 Peoria 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, Peoria County property passes through the Circuit Court — even simple Illinois probates run 6+ months and start with $281 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 Peoria County

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

Create a Illinois TOD deed →Peoria County signing requirements →

Where to Record Property Documents

Deeds and other real property documents for Peoria County are recorded with the County Clerk at 324 Main Street, Room 101, Peoria, IL 61602. Phone: 1-309-672-6059. Hours: Monday-Friday 8:30 AM-4:30 PM.

The County Clerk charges $82 flat, regardless of page count. Recording a 2-page transfer on death instrument in Peoria County comes to $82. A transfer on death instrument is exempt from transfer tax.

Peoria County accepts electronic recording through CSC, ePN, Indecomm and Simplifile.

Recording Office Record

County Clerk

Peoria County

Hours

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

Office

324 Main Street, Room 101, Peoria, IL 61602

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Fees

Recording fees

Flat fee (any length)$82
Transfer tax on a TOD deedTOD deeds are exempt from transfer tax

55 ILCS 5/3-5018.2; Peoria County Predictable Fees Schedule (effective February 1, 2026)

Verified October 16, 2026 · Source

Estate Planning Attorneys Serving Peoria County

FirmPeoria, IL

Benckendorf & Benckendorf, P.C.

Since 1981 · Serves 6 counties

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

Office
101 NE Randolph AvenuePeoria, IL 61606

FirmPeoria, IL

Brave Law Center, P.C.

Serves 6 counties

Peoria firm handling estate and probate matters in Peoria, Tazewell, Woodford, and Fulton counties. Guides executors through the inventory of assets, creditor claims, court hearings, and final distribution, and handles guardianships of minors and incapacitated adults alongside wills, trusts, and special needs trusts.

PracticesEstate PlanningProbateConservatorshipGuardianshipand 2 more

Office
330 NE Perry AvePeoria, IL 61603
Free consultation

Solo PracticePeoria, IL

Hahn Law of Peoria, Ltd.

Serves 3 counties

Peoria practice devoted to estate planning, asset protection, and estate administration for clients in Peoria and the surrounding counties. Advises executors through probate, including gathering estate assets, estate tax analysis, and collecting death benefits, and guides trustees when a living trust plan takes effect. Jennifer A. Hahn took over the practice from Ketra A. Mytich in 2022.

PracticesEstate PlanningTrust AdministrationProbateElder LawTax Planning

Office
1230 West Candletree Drive, Suite APeoria, IL 61614

Solo PracticePekin, IL

Hayes & Sarff, P.C.

Since 1967 · Serves 5 counties

Pekin practice serving Tazewell, Peoria, and Mason county families from the same office since Richard G. Hayes opened it in 1967. Assists with the probate process, including adult and minor guardianships, and updates existing plans after a divorce or remarriage. Drafts wills, living wills, trusts, and powers of attorney alongside a family law practice.

PracticesEstate PlanningProbateConservatorshipGuardianshipWills Trusts

Office
351 South Fourth StreetPekin, IL 61554

FirmLa Salle, IL

Herbolsheimer, Duncan & Klinefelter, P.C.

Since 1909 · Serves 31 counties

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

Office
654 1st Street, Suite 400La Salle, IL 61301

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
See all 16 firms serving Peoria 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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