Do I Need a Trust in Illinois?
Probate in Illinois takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
It depends on your estate size. In Illinois, estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less skip probate with the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source. Above that line, probate takes 6 months to 9 months and costs about $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate. A funded revocable trust avoids probate entirely.
Probate in Illinois charges attorney fees of typically 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate, plus executor fees and court costs: about $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate all in. A trust avoids probate costs entirely. See a detailed breakdown with the Illinois probate calculator.
Illinois allows estates with personal property of $150,000755 ILCS 5/25-1Verified Sep 8, 2026View source or less to use the Small Estate Affidavit755 ILCS 5/25-1Verified Sep 8, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. There is no statutory waiting period. This route is faster and less expensive than full probate, but a trust avoids it entirely.
Simple estates in Illinois typically take 6 months to 9 months through probate; average estates 9 months to 14 months, and estates with disputes or multiple properties longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
A properly funded revocable trust in Illinois avoids probate court proceedings, public disclosure of assets and beneficiaries, court-supervised distribution, and the 6 months to 9 months probate timeline. Assets in the trust transfer directly to beneficiaries. Compare the trade-offs with the Illinois trust vs. will comparison.
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Learn moreForms for Planning Your Estate in Illinois
Free forms for planning your estate in Illinois: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
Pour-Over Will
In Illinois, a pour-over will is signed before 2755 ILCS 5/4-3Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
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.
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.
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.
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.
Vehicle Transfer on Death
Name a beneficiary to inherit your vehicle at death without probate. Available in 26 states and the District of Columbia.
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.
Tools for Planning Your Estate in Illinois
Free tools for planning your estate in Illinois: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
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.
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.
Trust or Will: Which Costs Less?
In Illinois, a will-based plan pays probate attorney fees of typically 1.9%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 3%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $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 $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In Illinois, four years at a public university cost about $108,856NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; the state levies an estate tax35 ILCS 405/2Verified Sep 15, 2026View source above $4,000,00035 ILCS 405/2Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
Illinois automatically revokes an ex-spouse as beneficiary at divorce755 ILCS 5/4-7(b); 750 ILCS 5/503(b-5); 760 ILCS 3/605Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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Illinois Estate Planning Resources
In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.