Most Illinois Families Ask the Same Question
When people begin estate planning in Illinois, one of the first questions they ask is:
“Do I need a Will or a Trust?”
It’s a fair question — and a common source of confusion. The truth is that both wills and trusts are useful, but they serve very different purposes. Understanding how they work — and how they might work together — is key to protecting your loved ones and keeping your affairs private.
Understanding the Difference Between a Will and a Trust
When it comes to estate planning in Illinois, understanding the distinction between a will and a trust is essential. Both serve important purposes — but each functions differently and offers unique advantages depending on your goals and family dynamics.
One of the most significant distinctions is probate.
A will is essentially your “ticket” to probate — the court-supervised process of validating your wishes, paying debts, and distributing assets. Probate in Illinois is public, is time-consuming, and often comes with significant legal fees, court costs and administrative fees.
A trust, by contrast, allows your assets to pass privately to your beneficiaries without going through probate. It also offers additional planning opportunities that a will simply can’t, such as disability or incapacity planning. If you become unable to manage your affairs, your successor trustee can step in immediately to manage trust assets on your behalf — avoiding court intervention.
Understanding the Difference Between a Will and a Trust
When it comes to estate planning in Illinois, understanding the distinction between a will and a trust is essential. Both serve important purposes — but each functions differently and offers unique advantages depending on your goals and family dynamics.
One of the most significant distinctions is probate.
A will is essentially your “ticket” to probate — the court-supervised process of validating your wishes, paying debts, and distributing assets. Probate in Illinois is public, is time-consuming, and often comes with significant legal fees, court costs and administrative fees.
A trust, by contrast, allows your assets to pass privately to your beneficiaries without going through probate. It also offers additional planning opportunities that a will simply can’t, such as disability or incapacity planning. If you become unable to manage your affairs, your successor trustee can step in immediately to manage trust assets on your behalf — avoiding court intervention.
Trusts also appeal to those who value privacy. Unlike a will, which becomes part of the public record once filed with the court, a trust remains confidential, protecting your family’s financial details and distribution plans.
A trust does require more upfront effort. It must be properly funded — meaning your assets are retitled in the name of the trust — to function as intended. Without that step, your estate may still require probate for any assets left outside the trust.
That’s where a pour-over will comes in. Even with a trust, a will still plays an important role in estate planning. It can “catch” any assets not titled in your trust and direct them into it upon your death. A will is also the tool used to appoint guardians for minor children — something a trust cannot do.
Quick Comparison: Will vs. Trust
Feature | Will | Revocable Living Trust |
Probate Required | Yes | No |
Public Record | Yes | No |
Controls When Assets Are Distributed | Limited | Flexible |
Protects Against Incapacity | No | Yes |
Upfront Costs | $ Lower | $$ Moderate |
Long Term Savings | $$ Limited | $$$ Greater (avoids probate) |
When a Will Might Be Enough
A simple Will may be sufficient if you:
- Own minimal assets (under $150,000) and no real estate
- Have straightforward beneficiary designations
- Are comfortable with the probate process
Even in these cases, it’s wise to review your plan with an Illinois estate planning attorney to ensure your wishes are clear and enforceable.
When a Trust Is the Better Choice
A Revocable Living Trust often makes sense if you:
- Own real estate in Illinois or out of state
- Have children from previous relationships
- Want privacy and to avoid court involvement
- Care for a loved one with special needs
- Want to plan for incapacity and ongoing management
For Illinois families — including blended, LGBTQ+, and multigenerational households — a trust often provides the flexibility, privacy, and peace of mind a will alone can’t offer.
Pro Tip: Don’t Forget to Fund Your Trust
Setting up a trust is step one; transferring your assets into it is what makes it work. At Chosen Estate Planning, we guide you through this process to ensure your Trust truly protects your loved ones when it matters most.
Bringing It All Together
The best plan for your family depends on your life stage, relationships, and goals. With the right guidance, you can create an estate plan that fits your family perfectly.
Next Steps
Still unsure whether a will or trust fits your needs? Schedule a complimentary discovery call. We’ll help you understand your options — in plain English.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every client’s situation is unique; consult a qualified Illinois estate planning attorney for personalized guidance.
