Illinois Estate Planning, Wills & Trusts FAQ

Planning Ahead

A useful estate plan starts with four questions: what do you own, how is it titled, who should receive it, and who should be able to act if you cannot? The answer is usually not one document—it is how the documents, titles and beneficiary designations work together.

Do I Need a Will or a Trust?

It depends on your assets, family and goals. A will can direct probate property, nominate an executor and address certain family matters. A revocable living trust can hold and manage property during life and direct how trust property is handled after death. Many plans use both.

Read the full guide: Will or Trust in Illinois →

What Makes a Will Valid in Illinois?

Illinois generally requires a will to be in writing, signed by the testator—or by another person in the testator’s presence and at the testator’s direction—and attested in the testator’s presence by at least two credible witnesses. Capacity and signing formalities matter.

Does a Will Avoid Probate?

No. A will tells the probate court how probate property should be handled; it does not itself remove property from probate. Whether probate is needed depends on the assets, their value, ownership and beneficiary arrangements.

What Does a Revocable Living Trust Do?

A revocable trust can manage property during life and direct distribution after death. It only controls property that is properly transferred to it or otherwise made subject to it. A trust that is never coordinated with actual ownership may not accomplish the intended result.

Do Beneficiary Designations Override a Will?

Generally, a valid beneficiary designation controls that asset rather than the will. Retirement accounts, life insurance, bank and investment accounts can therefore affect how the overall estate plan works.

What Happens If I Die Without a Will?

Illinois intestacy law determines who receives probate property. If a person dies leaving both a spouse and descendants, Illinois generally allocates one-half to the spouse and one-half to descendants, per stirpes.

Read the full guide: What Happens If You Die Without a Will in Illinois? →

For the post-death process, see Illinois Probate & Estate Administration FAQ.