Planning Your Estate To Avoid Probate in Illinois

 Posted on August 14, 2025 in Estate Planning

Avoiding probate should be a goal for any estate plan. It can be a long, costly, and complicated court process that could cause your family significant stress after you are gone. Knowing how probate works under Illinois law and finding ways to avoid it can help you make better choices when planning your estate. The first step is to talk to our experienced Geneva, IL probate attorney.

What Is Probate?

Probate happens after you pass away. It is a court process where your will is validated, and your property is distributed to your heirs. If you do not have a will or estate plan when you die, the court follows Illinois' intestacy laws to determine who will inherit your property, and a probate court will oversee the process. In Illinois, this is done by the court in the county where you live.

Why Try To Avoid Probate?

There are several reasons why people want to avoid probate in Illinois. One of the main reasons is the time it takes. Probate can last for months or even years, making it hard for your loved ones to get their inheritance. During this time, the property is stuck in court, which can be frustrating for your family. Under the Illinois Probate Act, the court must ensure that all debts and taxes are paid before giving the remaining property to the heirs. As of August 2025, creditors have six months to file claims against an estate, which can further lengthen the probate process and delay the distribution of assets.

Another reason to avoid probate is the cost. The fees for lawyers, accountants, and the court can add up quickly. These costs are usually paid from the estate, which means there is less money for your heirs. For people with a lot of property or money, these costs can take a big chunk out of the estate.

Common Ways To Avoid Probate in Illinois

You can include several documents in your estate plan that allow you to transfer assets to your family while avoiding probate:

• Living trusts: A living trust lets you transfer assets like real estate, bank accounts, and vehicles to the trust. Upon your death, the successor trustee can distribute these assets to your beneficiaries without the need for probate.

• Joint ownership with right of survivorship: When you co-own property with another person and it includes the "right of survivorship," the property will automatically transfer to the surviving owner upon your death. This eliminates the need for probate. 

• Payable-on-death accounts: Under 205 ILCS 625/4, you can name a beneficiary for your bank accounts, allowing them to receive the funds directly when you pass away, bypassing probate. The beneficiary cannot access the funds while you are still living.

• Transfer-on-death registration for securities: According to 815 ILCS 10/, stocks and bonds can be registered in a transfer-on-death form, allowing the designated beneficiary to inherit the account upon your death. The beneficiary will work directly with the brokerage firm to transfer the account, avoiding probate court.

• Transfer-on-death registration for vehicles: In Illinois, under 625 ILCS 5/3-104, you can designate a beneficiary for your vehicle, allowing it to transfer directly to them upon your death without going through probate, as long as there is no lien on the vehicle.

• Transfer-on-death deeds for real estate: Under the Real Property Transfer on Death Instrument Act, you can create a transfer-on-death deed for real estate, which allows the property to pass directly to the designated beneficiary after your death, avoiding probate. You can revoke or modify the deed at any time while you are alive.

Contact a Kane County, IL Estate Planning Attorney Today

If you want to ensure that your assets are passed smoothly to your loved ones without the hassle of probate, contact an experienced Geneva, IL estate planning lawyer at Loire Krajniak Law, LLC today. Our team offers free consultations to help you understand your options and create an effective estate plan. Call 630-448-2406 to schedule your free consultation.