Illinois Estate Planning
Get your own affairs in order in Illinois, for yourself or an aging parent. Compare the documents most adults need (a will, a power of attorney, and a healthcare directive), decide whether you need a trust, and see how to keep your estate out of probate.
Which document do I need?
The core documents at a glance. Each row links to its Illinois guide.
- Will
- Illinois will requirements: age 18 and sound mind, a signed writing, two credible witnesses, the 6-4 affidavit, plus electronic wills and remote witnessing. Read the guide
- Living trust
- Illinois revocable living trust: how the Illinois Trust Code creates one, why 760 ILCS 3/602 demands express revocability, funding, and the pour-over will. Read the guide
- Power of attorney
- How an Illinois power of attorney for property works: durable by default, signed with one witness and a notary, a springing option, and it ends at death. Read the guide
- Healthcare directive
- Illinois healthcare directive rules: a health care power of attorney (one witness), a living will (two witnesses), the surrogate priority list, and IDPH POLST. Read the guide
Planning to prepare the will with an online service? See what Illinois requires from an online will before you sign anything.
Illinois estate planning guides
Illinois Estate Planning Basics
Illinois estate planning basics: the will, property power of attorney, health care documents, and living trust adults need, plus probate and the $4M estate tax.
Illinois Will Requirements
Illinois will requirements: age 18 and sound mind, a signed writing, two credible witnesses, the 6-4 affidavit, plus electronic wills and remote witnessing.
Illinois Power of Attorney
How an Illinois power of attorney for property works: durable by default, signed with one witness and a notary, a springing option, and it ends at death.
Illinois Healthcare Directive
Illinois healthcare directive rules: a health care power of attorney (one witness), a living will (two witnesses), the surrogate priority list, and IDPH POLST.
Illinois Guardianship Planning
Illinois guardianship runs in two tracks: adults with a disability under Article XIa and minors under Article XI, plus how a power of attorney avoids court.
Illinois Revocable Living Trust
Illinois revocable living trust: how the Illinois Trust Code creates one, why 760 ILCS 3/602 demands express revocability, funding, and the pour-over will.
Illinois Trust Administration
Illinois trust administration after the settlor dies: the 90-day notice, annual trust accountings, the 9-month distribution rule, and closing under 760 ILCS 3/.
Illinois Transfer on Death Instrument (TODI)
An Illinois transfer on death instrument (TODI) passes real estate to a beneficiary outside probate under 755 ILCS 27/. It is revocable before death.
Illinois Pet Trusts
How an Illinois pet trust works under 760 ILCS 3/408: naming the animals, a caregiver, a trustee, and an enforcer, funding it, and where leftover money goes.
Illinois Digital Assets Planning
Illinois RUFADAA, 755 ILCS 70/, decides who reaches online accounts after death: the online tool rule, Letters of Office, a 60-day clock, and crypto.
Not sure what you need in Illinois?
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Information current as of 2026-06-18
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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