Should You Get a Trust or a Will in Illinois?
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.
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. The trust also distributes assets faster than the 6 months to 9 months probate timeline a simple estate takes.
Probate in Illinois runs about $25,745755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Illinois probate calculator.
No. A will must go through probate in Illinois. A small estate may qualify for a simplified route: 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. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court.
Simple estates in Illinois typically take 6 months to 9 months through probate; average estates 9 months to 14 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.
Yes. A will becomes a public court record once it enters probate in Illinois: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.
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New Home
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Marriage
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New Baby or Adoption
Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.
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Serious Diagnosis
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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.
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.
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.
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 Do I Sign Estate Documents?
Find witness, notary, and remote signing requirements for all 50 states.
Will My Estate Documents Transfer?
Check if estate planning documents signed in one state are valid in another.
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 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.
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.
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.
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%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.
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.
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Illinois Estate Planning Resources
In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.