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
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.
Not sure what you need in Illinois?
Answer a few questions and we'll tell you which estate planning documents to set up first.
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.