Revocable Living Trusts in Illinois
How revocable living trusts work under Illinois law and the other ways to pass property without probate.
Short answer: Illinois adopted the Illinois Trust Code (based on the Uniform Trust Code), effective January 1, 2020. 760 ILCS 3/101, 3/602
| Revocable living trust | Illinois adopted the Illinois Trust Code (based on the Uniform Trust Code), effective January 1, 2020. Unlike the uniform default, in Illinois a settlor may revoke a trust only if the trust instrument expressly says it is revocable or gives the settlor an unrestricted power to amend; a trust is amendable only if it expressly says so. A revocable trust may be revoked or amended by substantially following the method in the trust or, if none is exclusive, by a later signed written instrument as the statute provides. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate. Source: 760 ILCS 3/101, 3/602 |
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| Ways to avoid probate | Non-probate options in Illinois include: transfer on death instruments for real estate, witnessed by two credible witnesses, notarized and recorded before death (755 ILCS 27/40, 27/45); payable-on-death accounts (205 ILCS 625/4); transfer-on-death registration of securities; a single transfer-on-death beneficiary on a vehicle title for a sole individual owner with no lien (92 Ill. Adm. Code 1010.150); joint tenancy; property in a funded trust that is expressly revocable (760 ILCS 3/602); the small estate affidavit for personal estates up to $150,000 for deaths on or after August 15, 2025 (755 ILCS 5/25-1); and summary administration for estates up to $100,000 (755 ILCS 5/9-8). |
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FAQ
How do living trusts work in Illinois?
Illinois adopted the Illinois Trust Code (based on the Uniform Trust Code), effective January 1, 2020. Unlike the uniform default, in Illinois a settlor may revoke a trust only if the trust instrument expressly says it is revocable or gives the settlor an unrestricted power to amend; a trust is amendable only if it expressly says so. A revocable trust may be revoked or amended by substantially following the method in the trust or, if none is exclusive, by a later signed written instrument as the statute provides. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate.
How can you avoid probate in Illinois?
Non-probate options in Illinois include: transfer on death instruments for real estate, witnessed by two credible witnesses, notarized and recorded before death (755 ILCS 27/40, 27/45); payable-on-death accounts (205 ILCS 625/4); transfer-on-death registration of securities; a single transfer-on-death beneficiary on a vehicle title for a sole individual owner with no lien (92 Ill. Adm. Code 1010.150); joint tenancy; property in a funded trust that is expressly revocable (760 ILCS 3/602); the small estate affidavit for personal estates up to $150,000 for deaths on or after August 15, 2025 (755 ILCS 5/25-1); and summary administration for estates up to $100,000 (755 ILCS 5/9-8).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.