Estate Planning in Illinois: Will vs Trust – Which Is Right for You?

When it comes to estate planning in Illinois, one of the most common questions we hear is: “Should I have a Will or a Trust?” The answer depends on your goals, your family circumstances, and the assets you own. Both Wills and Trusts are important tools for estate planning, but they work very differently.

Wills in Illinois

A Will is a legal document that states how you want your property distributed after your death.

• Probate required: In Illinois, most Wills must go through probate court if the estate is worth more than $150,000 or includes real estate outside of a trust. See Illinois Probate Act, 755 ILCS 5/25-1.
• Guardianship appointments: Wills allow you to name guardians for minor children, something a Trust cannot do.
• Cost-effective: Drafting a Will is generally less expensive up front compared to creating a Trust.

Learn more about our Will preparation services.

Revocable Living Trusts in Illinois

A Revocable Living Trust is often used as an alternative or complement to a Will in estate planning.

• Avoiding probate: Assets properly titled in the Trust bypass probate, saving your loved ones time, court costs, and stress.
• Privacy: Unlike a Will, a Trust does not become public record.
• Flexibility: You can provide instructions for managing your assets if you become incapacitated, not just after death.
• Complex planning: Trusts allow for more sophisticated estate planning — such as protecting young beneficiaries, planning for special needs, or minimizing estate taxes. Learn more in the Illinois Trust Code, 760 ILCS 3.

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Will vs Trust Illinois: Which Is Right for You?

• If your estate is simple and you are comfortable with probate, a Will might be enough.
• If you own real estate, have significant assets, or want to make things easier and more private for your family, a Revocable Living Trust is usually the better choice.
• Many Illinois families benefit from having both: a Trust to manage and distribute assets, and a Will (often called a “Pour-Over Will”) to handle anything accidentally left outside the Trust and to appoint guardians for minor children.

See how we can guide you through Illinois probate if a Will is part of your estate plan.

How Long Law Group Can Help with Estate Planning in Illinois

Every family is different, and the right choice depends on your situation. At Long Law Group, we focus on making estate planning clear, transparent, and tailored to your needs. Whether you need a simple Will or a comprehensive Revocable Living Trust plan, we’ll guide you step by step.

Ready to protect your family’s future? Contact us at 312-344-3644 or contact@JLongLaw.com to schedule your consultation.