How to Avoid Probate in Illinois
Probate Avoidance Strategies
- Revocable Living Trust: Most comprehensive solution - assets titled to trust avoid probate entirely
- Joint Ownership: Property owned as joint tenants with right of survivorship passes automatically
- Transfer-on-Death Instruments (TODIs): Real estate transfers directly to named beneficiaries
- Payable-on-Death (POD) Accounts: Bank accounts transfer to named beneficiaries
- Beneficiary Deeds: For real estate in counties that accept them
- Life Insurance & Retirement Accounts: Pass directly to named beneficiaries
Benefits of Avoiding Probate
- Faster distribution to beneficiaries (weeks vs. months)
- Lower costs (no court fees or probate attorney fees)
- Privacy (no public court records)
- Simpler administration for family