☂️ How to Create a Living Trust in Illinois (2025 Guide)
Avoid Probate, Protect Your Loved Ones, and Secure Your Legacy
At AJS Notary Mobile, LLC, we’ve seen firsthand how planning ahead can save families time, money, and heartache. If you live in Illinois and want to avoid the costly and time-consuming probate process, a living trust might be your smartest move.
In this guide, we’ll show you exactly how to set up a living trust in Illinois — step by step — and give you the tools to decide whether you can DIY your estate plan or need extra help from a legal expert.
💡 Pro Tip: We’ve partnered with LegalZoom and Trust & Will to bring you trusted, attorney-backed estate planning solutions you can start from home.
🔎 What Is a Living Trust, and Why Do You Need One?
A revocable living trust allows you to transfer ownership of your assets (home, bank accounts, investments) into a legal structure that you control during your lifetime. When you pass away, your successor trustee distributes your assets according to your instructions — no probate needed.
Here’s why Illinois residents are choosing living trusts:
• ✅ Skip probate (which in Illinois lasts at least 6 months and costs thousands)
• ✅ Keep your affairs private (wills become public record — trusts don’t)
• ✅ Plan ahead for incapacity (your successor trustee can step in if needed)
• ✅ Stay in control (you can change or revoke your trust any time)
📑 Living Trust vs. Will in Illinois
Feature Living Trust Will
Avoids probate? ✅ Yes ❌ No
Becomes public record? ❌ No ✅ Yes
Covers assets during life? ✅ Yes (if you’re incapacitated) ❌ No
Needs a court process? ❌ No ✅ Yes
📌 You still need a “pour-over will” to catch any assets you forget to transfer into your trust. Both LegalZoom and Trust & Will include this in their trust packages.
🏛️ What Makes Illinois Estate Planning Unique in 2025?
• 💰 Estate tax threshold: Illinois taxes estates over $4 million, even if the federal estate tax doesn’t apply.
• 🏡 Small estates (under $100K with no real estate) may qualify for a simplified affidavit process — but many estates don’t.
• 👨👩👧👦 No plan? Illinois law decides who gets what — often splitting assets between spouse and children, even if that’s not what you wanted.
✅ How to Create a Living Trust in Illinois – Step by Step
You can create your trust using a lawyer or an online service. Here’s the general process:
1. List Your Assets
Include everything you want to protect: your home, bank accounts, investments, vehicles, and even heirlooms.
2. Choose Your Trustee(s)
You’re the trustee while you’re alive. Pick someone you trust to manage the trust after you pass away.
3. Decide Who Gets What
This is your legacy. Be as detailed or flexible as you need to be.
4. Create Your Legal Documents
You can do this two ways:
• 🖥️ DIY Online with LegalZoom or Trust & Will
• 👨⚖️ Hire an attorney if your estate is complex or includes business interests, blended families, or large assets
5. Sign & Notarize
You’ll need to sign the trust in front of a notary. (That’s where AJS Notary Mobile, LLC can help — we come to you!)
6. Transfer Your Assets
“Funding” your trust means re-titling your assets into the name of the trust. This is essential to avoid probate.
7. Store Your Documents Safely
Keep both digital and printed copies. Tell your trustee where to find them.
🛠️ Want to get started today? We recommend LegalZoom’s Living Trust Kit or Trust & Will’s user-friendly platform. Both offer attorney support and step-by-step instructions.
💵 What Does It Cost?
Service Type Typical Cost Range
LegalZoom or Trust & Will $400 – $700
Estate Planning Attorney $1,500 – $4,000+
Most Illinois families can save money with a DIY approach — and still receive attorney-reviewed documents. If you’re not sure, start online and consult a professional if needed.
🔁 When Should You Update Your Trust?
Update your plan after:
• Marriage, divorce, or remarriage
• Birth or adoption of children
• Buying or selling real estate
• Major asset changes
• Moving to a new state
• Changes to your beneficiaries or trustee
👋 Final Thoughts from AJS Notary Mobile
Estate planning doesn’t have to be complicated — especially when you have the right tools and guidance. Whether you choose to DIY with LegalZoom or Trust & Will, or want us to deliver your documents in person as a Certified Notary Trust Delivery Agent, we’re here to help you every step of the way.
🔗 Ready to begin?
Start your plan now with our affiliate partners:
👉 Trust & Will Estate Planning
📲 Need help notarizing or organizing your documents?
Call AJS Notary Mobile, LLC at (847) 201‑4741 or email ajsnotarymobile@gmail.com.
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