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SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

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Home→Tools→Trust or Will Decision Tool→Illinois

Should You Get a Trust or a Will in Illinois?

Compare probate costs, trust administration fees, and digital signing options for your state.

Frequently Asked Questions

Illinois uses reasonable compensation for probate fees, typically 2-4% of the estate value.755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified May 31, 2026 A trust avoids probate entirely and distributes assets faster than the 6-9 month probate timeline.

Probate in Illinois typically costs 2-4% of the estate value in attorney fees alone.755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified May 31, 2026 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. However, estates with personal property under $150,000 may qualify for Small Estate Affidavit, which is faster and less expensive than full probate.755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026

Simple estates in Illinois typically take 6-9 months through probate. Complex or contested estates can take 14-24 months or longer.755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026 A revocable trust avoids probate entirely, with assets typically distributed within weeks.

Yes. A will becomes a public court record once it enters probate in Illinois. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

Use the Illinois probate calculator to estimate attorney fees, executor fees, court costs, and the probate timeline.755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026

Whether a trust is cost-effective depends on estate size, property types, and Illinois's probate costs. The Illinois trust need assessment evaluates these factors against your specific situation.

Trust vs Will in Illinois

The will route in Illinois pays attorney fees on a reasonable-compensation basis, typically 2%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified May 31, 2026 to 4%755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)Verified May 31, 2026 of the estate. There's negotiation room, but probate still takes time. The trust route is a higher upfront effort (the trust has to be funded), in exchange for skipping that fee entirely. The Illinois probate calculator shows the dollar gap on your estate size; the Illinois will cost calculator covers what each provider charges to draft the will itself.

If the estate stays under $150,000755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)Verified May 31, 2026 in Illinois, the will-only path is short and inexpensive — a small-estate affidavit handles the transfer without formal probate. The trust route only pulls ahead at higher estate values where probate's cost and timeline start to bite.

Beyond cost, Illinois probate is a public proceeding: the will, asset inventory, beneficiary identities, and distribution amounts all become court records. A trust keeps the same information private. For some families that's the deciding factor regardless of dollar math.

If the trust route fits, the Illinois revocable trust builder handles the document. If you want a quick gut-check first, the trust need assessment walks through the size, complexity, and family-structure factors that swing the answer.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • 755 ILCS 5/25-1 (small estate), 5/27-1, 5/28-1 (independent admin)
  • 755 ILCS 5/27-2 (reasonable compensation; no statutory percentage)

Data sourced from Illinois statutes and official state code. How we research.

When you're ready, we're here.

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Illinois Estate Planning Resources

In-depth guides covering Illinois probate laws, trust requirements, and estate planning strategies.

$

Illinois Last Will and Testament

Illinois Revocable Living Trust

Nevada Revocable Living Trust

Estimated Net to Beneficiaries

$1,168,071

Estimated Net to Beneficiaries

$1,244,375

Estimated Net to Beneficiaries

$1,244,375

Create a Revocable Trust in 15 minutes

Probate fees are typically calculated on gross estate value before deducting debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.

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