Estate Planning in ILLINOIS: What Every Resident Needs to Know

Whether you call ILLINOIS home or are planning to move here, estate planning in ILLINOIS is not something to put off. It's not just about passing on wealth—it's about making sure your final wishes are honored, avoiding unnecessary legal entanglements, and protecting your loved ones during a difficult time.

Why Estate Planning Matters in ILLINOIS

ILLINOIS may not impose a state estate tax, but that doesn't mean your family is exempt from the complications of probate. Without a legally binding will or trust, your assets could be distributed based on ILLINOIS's intestacy laws—not your personal wishes. That means the state, not you, decides who inherits what.

If you want control over:

• Who receives your home, car, and bank accounts
• Who takes care of your children or pets
• Who handles your financial affairs if you become incapacitated

Then you need an estate plan. Period.

The Basics: What Should Be in Your Estate Plan?

For ILLINOIS residents, a complete estate plan typically includes:

✅ A Last Will and Testament

This outlines how your property should be distributed and lets you name a guardian for minor children. In ILLINOIS, a will must be:

• In writing
• Signed by the testator (you)
• Witnessed by two people

A self-proving affidavit can also be added, which simplifies probate by confirming its validity without needing witness testimony. If you're ready to create your own will today, explore FastWill's Will Package.

✅ A Revocable Living Trust

Unlike a will, a trust bypasses probate entirely—saving time, reducing costs, and preserving privacy. It's ideal for larger estates, blended families, or anyone wanting to leave clear, legally sound instructions. ILLINOIS recognizes revocable trusts as valid, and they're particularly useful for people who own property in multiple states.

FastWill's Trust Package provides all the documents you need, including:

• The trust itself
• A pour-over will
• Durable power of attorney
• Health care directive

✅ Advance Directives and Power of Attorney

In ILLINOIS, it's essential to name someone to make medical and financial decisions if you become incapacitated. These documents include:

• Health Care Surrogate (medical power of attorney)
• Living Will (end-of-life instructions)
• Durable Financial Power of Attorney

Special ILLINOIS Considerations

ILLINOIS has some unique estate planning laws:

Homestead Property Protections: Your primary residence is heavily protected from creditors and can be shielded from forced sale.

Elective Share Law: Surviving spouses are entitled to a minimum portion of your estate, regardless of what your will says.

No Inheritance or Estate Tax: Good news—ILLINOIS repealed its estate tax. Only federal estate taxes apply if your estate exceeds $13.61 million (as of 2024).

State-Specific Laws: ILLINOIS has unique legal requirements that should be considered when creating your estate plan.

Common Mistakes to Avoid

• Not updating documents after moving to ILLINOIS. Each state has its own laws, so update your plan if you relocated here.
• Leaving everything in a will only. A trust can spare your heirs from months in probate court.
• Forgetting digital assets. Include passwords, crypto, and online accounts in your plan.
• DIY errors. A flawed will can invalidate your entire estate plan. Use a reputable, state-compliant service like FastWill to make sure it's done right.

How to Get Started (It Only Takes 15 Minutes)

Don't wait for a crisis to start planning. FastWill offers ILLINOIS-specific legal templates designed by attorneys and customized to your needs. In just a few minutes, you can:

• Take the Estate Planning Quiz to figure out whether you need a will or a trust.
• Choose the Will Package for basic planning or the Trust Package for maximum protection.
• Download your documents instantly—fully compliant with ILLINOIS law.

Final Thoughts

Estate planning isn't just for the wealthy—it's for anyone who wants peace of mind. In ILLINOIS, where legal nuances like homestead laws and elective share rights come into play, it's more important than ever to get it right. With FastWill, you can do just that—efficiently, affordably, and with complete legal confidence.