How To Avoid Probate In Illinois
As estate planning attorneys in Illinois, we often help clients protect their financial legacies by creating strategic plans that minimize the need for court involvement after death. One of the most important goals in that process is avoiding probate. Probate is the legal process where a court oversees the distribution of assets after someone passes away. It can be time-consuming, public, and costly—especially for families with substantial or complex estates.
In Illinois, probate is required when the decedent owns more than $100,000.00 in assets in their name alone. Without careful planning, many families find themselves tied up in court for months or even years. The good news is that there are clear and lawful ways to avoid probate in Illinois. A properly structured estate plan can keep your wealth intact, your wishes respected, and your loved ones out of court.
Use A Revocable Living Trust
A revocable living trust is one of the most effective ways to avoid probate in Illinois. By transferring your assets into the trust during your lifetime, you maintain full control while you’re alive and ensure a smooth transition after death. Upon your passing, the successor trustee distributes the assets according to your instructions—without court supervision. Illinois law recognizes revocable living trusts as a valid estate planning tool.
Establish Payable-On-Death And Transfer-On-Death Designations
Bank accounts, investment accounts, and even vehicles can be passed directly to beneficiaries using POD or TOD designations. These tools allow the named beneficiary to claim the asset without it going through probate. It’s a simple form you file with your bank, brokerage, or the Illinois Secretary of State for vehicles.
Title Property Jointly With Rights Of Survivorship
Joint tenancy with rights of survivorship allows real estate, financial accounts, and other jointly held assets to pass automatically to the surviving co-owner. This approach is commonly used for married couples but can also apply in other trusted relationships. Under Illinois law (765 ILCS 1005/1c), this strategy avoids probate as long as the co-owner survives you.
Use Small Estate Affidavits If Applicable
If your estate is valued under $100,000.00 and includes no real property, your heirs may be able to use a small estate affidavit under 755 ILCS 5/25-1. This form avoids probate and allows heirs to collect and distribute assets with less red tape. While this won’t help those with larger estates, it’s useful for certain limited circumstances.
Update Your Beneficiaries And Keep Plans Current
Outdated beneficiary designations or estate documents can cause confusion or trigger probate unnecessarily. During or after a divorce, it’s especially important to update your estate plan to reflect current wishes. Under Illinois law, divorce automatically revokes certain provisions in wills and trusts in favor of a former spouse (755 ILCS 5/4-7), but that doesn’t cover all accounts or documents. We make sure all plans align with your current family and financial situation.
Illinois Probate Frequently Asked Questions
What Is Probate And Why Should I Avoid It?
Probate is the court-supervised process of distributing a deceased person’s assets. It can be expensive, slow, and public. Avoiding probate helps your family receive their inheritance faster, with more privacy and fewer costs.
How Can A Living Trust Help Me Avoid Probate?
When you transfer your assets into a living trust, they are no longer owned in your individual name. This means they do not go through probate upon your death. Instead, your trustee distributes them according to your written instructions.
What Happens To Jointly Owned Property In Illinois When One Owner Dies?
If the property is held in joint tenancy with rights of survivorship, it passes automatically to the surviving co-owner and avoids probate. This applies to real estate, bank accounts, and some investment assets.
Does A Will Avoid Probate In Illinois?
No. A will still goes through probate. It simply tells the court how to distribute your property. To truly avoid probate, you must use tools like trusts, POD or TOD designations, or joint ownership.
Can I Name Beneficiaries On All Of My Accounts?
You can name beneficiaries on bank accounts, investment accounts, life insurance policies, and retirement plans. Some brokerage accounts and vehicles can also have transfer-on-death designations. These help bypass probate.
What Is A Small Estate Affidavit In Illinois?
If someone dies with less than $100,000.00 in assets and no real estate, heirs may use a small estate affidavit. This allows assets to be transferred without probate, but it doesn’t apply to larger estates.
Do I Need To Change My Estate Plan After Divorce?
Yes. While Illinois law revokes certain provisions in wills and trusts for ex-spouses, it doesn’t change everything. You must update beneficiary designations, powers of attorney, and any joint accounts to reflect your post-divorce intentions.
What Are The Risks Of Not Updating Beneficiary Designations?
If you fail to update beneficiaries, assets could go to an ex-spouse or someone you no longer intend to include. These designations override your will or trust, so keeping them current is essential to avoiding conflict and probate.
Is Probate Always Required In Illinois?
No. Probate is only required if the estate has more than $100,000.00 in assets not otherwise transferred by trust, beneficiary designation, or joint ownership. With proper planning, many estates can avoid probate altogether.
Can A Lawyer Help Me Avoid Probate?
Yes. An attorney can create a customized estate plan using the right legal tools to avoid probate based on your assets, family dynamics, and long-term goals. We make sure your plan is thorough, legally valid, and up to date.
Call Our Chicago Estate Planning Attorneys For Your Free Consultation
At Bruning & Associates, P.C., we help families across the Chicagoland area plan their estates with care and clarity. Whether you’re starting from scratch or updating a plan after divorce, we can guide you through the right steps to avoid probate and protect what matters most.
Contact our Chicago estate planning attorney at Bruning & Associates, P.C. by calling (815) 455-3000 to receive your free consultation. Our offices are located in Chicago, Crystal Lake, and Schaumburg, and we serve clients throughout the entire Chicagoland metro.