American Estate Planning Series
Illinois Estate Planning
Learn the fundamentals of Illinois estate planning through state-specific educational resources created to help you make informed decisions. When you're ready for personalized legal guidance, connect with Cory S. Bagby, the Illinois Contributing Attorney for the American Estate Planning Series.
Choose Your Next Step
Not sure where to begin? Choose the path that fits your situation.
Just Getting Started
If you're new to estate planning or want a clear overview of how it all works in Illinois, start here.
Learn the basics
Understand wills vs. trusts
See what most people actually need
Ready to Put a Plan Together
If you’re ready to take the next step and want a simple way to think through your plan:
Identify your goals and priorities
Organize your assets and decisions
Work through a simple plan
Looking for Legal Help
If you’re ready to move forward or want guidance specific to your situation:
Speak with an Illinois estate planning attorney
Get advice tailored to your situation
Move forward with a clear plan
What Makes Illinois Estate Planning Different
Estate planning is not one-size-fits-all. While many core concepts are similar across the country, Illinois has specific laws, tax rules, and procedural requirements that can significantly affect how a plan is structured and how it works in practice. Understanding these differences—especially around probate, estate taxes, and document requirements—can help you avoid costly mistakes and make more informed decisions.
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Yes. While the goals of estate planning are similar across the country, Illinois has its own laws governing wills, trusts, probate, powers of attorney, guardianship, and estate administration. An estate plan should be prepared with Illinois law in mind.
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Yes. Illinois is one of the states that imposes its own estate tax, which may apply even if no federal estate tax is owed. Proper planning may help reduce or avoid unnecessary estate taxes in some situations.
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If you die without a valid will, Illinois law determines who inherits your property. The outcome depends on your surviving spouse, children, and other family members, and it may not reflect your personal wishes.
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Yes. Illinois law allows certain assets, including qualifying real estate and financial accounts, to pass directly to named beneficiaries through transfer-on-death or payable-on-death designations. These tools can sometimes simplify the transfer of assets without probate.
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Illinois law generally allows competent adults to serve as executor of an estate, although certain legal requirements apply. Choosing someone who is organized, trustworthy, and willing to serve is often just as important as meeting the legal qualifications.
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Generally, no. Unlike some states, Illinois does not recognize unwitnessed handwritten (holographic) wills simply because they are in the person's handwriting. A valid Illinois will must generally satisfy the state's execution requirements.
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Yes. In certain situations, Illinois law allows heirs to collect assets using a Small Estate Affidavit instead of opening a formal probate proceeding. Eligibility depends on factors such as the value and type of assets involved.
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You should review your estate plan after major life events such as marriage, divorce, the birth of a child or grandchild, retirement, moving to or from Illinois, or significant changes in your assets or family circumstances. Even without major changes, reviewing your plan every few years is a good practice.
Before You Choose an Estate Planning Attorney
Every estate planning attorney is different. Experience, communication style, responsiveness, and a commitment to education can all have a meaningful impact on your family's planning experience. Before deciding who to work with, we encourage you to watch this short video explaining what to look for when choosing an estate planning attorney.
How to Choose an Estate Planning Attorney (7 Qualities That Really Matter)
The attorney featured below was selected because they demonstrate the qualities discussed in this video and have committed to helping educate families in Illinois through the American Estate Planning Series.
Meet Your Illinois Estate Planning Attorney
AEPS Contributing Attorneys are experienced estate planning attorneys who help build the American Estate Planning Series by providing state-specific educational guidance and resources for consumers.
Cory S. Bagby
Contributing Illinois Estate Planning Attorney
Founder, Chosen Estate Planning
Cory Bagby is the founder of Chosen Estate Planning, a Chicago-based estate planning firm dedicated to helping individuals and families create thoughtful, personalized estate plans that reflect their values and goals.
Before founding Chosen Estate Planning, Cory served in senior legal and executive leadership roles within major healthcare organizations, where he advised executives on governance, compliance, and complex decision-making. Today, he applies that experience to helping clients simplify difficult planning decisions and create estate plans that work in the real world.
Cory has a particular passion for serving modern families, including blended families, LGBTQ+ individuals, and others whose planning needs may not fit traditional approaches. He believes every family deserves an estate plan that reflects their unique circumstances—not a one-size-fits-all solution.
Ready to Take the Next Step?
📞 Call Chosen Estate Planning: (312) 361-3239
🌐 Visit Chosen Estate Planning: ChosenEstatePlanning.com
Featured Illinois Estate Planning Videos
Learn about Illinois estate planning through these educational videos created by Cory S. Bagby, the Illinois Contributing Attorney for the American Estate Planning Series. New Illinois videos will be added regularly as our educational library continues to grow.
Meet Illinois Estate Planning Attorney Cory Bagby | American Estate Planning Series
3 Ways Illinois Estate Planning Is Different
Do You Need a Will or a Trust? (Illinois Estate Planning Explained)
Who Gets Your Assets If You Die Without a Will in Illinois?
Featured Estate Planning Resources
Practical guides and worksheets to help you organize your estate plan and make important decisions for your family.
5-Minute Estate Planning Checkup
Not sure whether your estate plan is complete? This free worksheet will help you identify common gaps and prioritize your next steps.
Who Should I Put In Charge?
Choosing the right people to serve as executor, trustee, financial agent, healthcare agent, and guardian can be one of the most important decisions in estate planning. This workbook will help you evaluate each role and make those choices with greater confidence.
Common Illinois Estate Planning Questions
Estate planning often begins with a few important questions. Below are answers to some of the topics Illinois families ask about most often, with additional Illinois-specific videos and resources being added as our educational library continues to grow.
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The answer depends on your goals, your family, and the assets you own. Some Illinois families need only a well-drafted will, while others benefit from incorporating a revocable living trust into their estate plan. The right approach depends on your unique circumstances.
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Many Illinois families can reduce or avoid probate through proper estate planning. Strategies such as revocable living trusts, beneficiary designations, joint ownership, and transfer-on-death arrangements may help, depending on your situation and the types of assets you own.
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A comprehensive Illinois estate plan often includes a Last Will and Testament, Financial Power of Attorney, Health Care Power of Attorney, Living Will, and, when appropriate, a Revocable Living Trust. The right combination of documents depends on your individual goals and circumstances.
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Choose someone you trust to act responsibly, communicate well with family members, and carry out your wishes. The best choice isn't always the oldest child or closest relative—it should be someone capable of handling the responsibilities involved.
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Without proper planning, your family may need to ask a court to appoint someone to manage your financial or healthcare decisions. Estate planning documents such as Financial and Health Care Powers of Attorney allow you to choose who will act on your behalf if you're unable to make decisions yourself.
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Most estate planning attorneys recommend reviewing your plan every three to five years, or sooner if you experience a significant life event such as marriage, divorce, the birth of a child, retirement, or a substantial change in your financial situation.
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Online forms may be appropriate for some very simple situations, but they often cannot account for your family's unique circumstances or Illinois-specific legal requirements. Working with an experienced Illinois estate planning attorney can help ensure your plan reflects your wishes and complies with current law.
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The first step is simply having a conversation about your family, your goals, and the people you trust. An experienced Illinois estate planning attorney can explain your options, answer your questions, and help you develop a plan that provides clarity and peace of mind for you and your loved ones.
More Illinois Estate Planning Resources Are Coming
We're continuing to expand our Illinois educational library with additional videos, articles, and downloadable resources.
In the meantime, if you have questions about your own Illinois estate plan, Cory Bagby and Chosen Estate Planning are here to help.