Estate planning in Illinois is a comprehensive process for managing and distributing assets after death or incapacity1

The state has a distinct estate tax system with a $4 million exemption threshold, significantly lower than the federal exemption of $13.99 million1

Key Features
Small Estate Provisions
The state allows simplified probate through small estate affidavits for estates under $100,000, though this cannot be used for real estate or disputed claims.

Powers of Attorney
Illinois has specific statutory forms for healthcare and property powers of attorney, with mandatory notice requirements and witness specifications.

Spousal Protections
Tenancy by entirety protection for married couples' primary residences1

Right of renunciation allows surviving spouses to claim one-third of the estate with descendants, or one-half without.

Estate Tax Structure
Tax rates range from 0.8% to 16%1

No spousal portability unlike federal system1

Applies to:
Illinois real estate
Tangible personal property in Illinois
Intangible property owned by residents
Certain property given away within three years of death.

Will Requirements
Must be at least 18 years old with sound mind
Requires testator's signature and two witnesses
Self-proving affidavit recommended to simplify probate

Trust Integration
Wills and trusts work together through pour-over wills, ensuring complete asset distribution
. Trusts offer advantages including:
Privacy
Probate avoidance
Asset management flexibility
Tax benefits
Incapacity protection

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