Guide to the Illinois Revocable Living Trust
A Revocable Living Trust is a powerful estate planning tool that lets you manage and protect your assets—both during your lifetime and after your death—without going through probate court. In Illinois, this legal document is commonly used to simplify the transfer of property and maintain privacy.
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📄 Download the Official Form
You can fill out and customize the official Illinois Revocable Living Trust form here:
👉 Download the Illinois Revocable Living Trust (fillable PDF)
What Is It?
A Revocable Living Trust is a legal agreement you create while you're alive that:
Holds ownership of your assets (like your home, bank accounts, or investments).
Lets you manage and use your assets as long as you're able.
Names a successor trustee to take over if you become incapacitated or pass away.
Allows your beneficiaries to receive their inheritance without going through probate.
You can change or revoke the trust at any time—hence, "revocable."
When Should I Use It?
You should consider a revocable living trust if you:
Want to avoid your estate going through probate.
Own property in multiple states.
Want to keep your estate affairs private (unlike a will, which becomes public).
Want to provide detailed instructions for how your property should be managed if you become ill or pass away.
Have minor children or dependents with special needs.
What Does It Cover?
A revocable living trust allows you to:
Name yourself as trustee so you stay in control during your lifetime.
Designate a successor trustee to manage your affairs if you're incapacitated or after death.
Transfer ownership of key assets into the trust, including:
Real estate
Bank accounts
Investment portfolios
Personal property
Life insurance policies (by naming the trust as beneficiary)
It also outlines how and when your beneficiaries will receive their inheritance—either all at once, or in stages.
Key Roles in a Living Trust
Role | Description |
Grantor | You – the person who creates the trust and funds it |
Trustee | The person who manages the assets (often also you while you’re alive) |
Successor Trustee | The person who takes over if you die or become incapacitated |
Beneficiaries | The people who will receive your assets according to your wishes |
Do I Need a Lawyer?
You do not need a lawyer to create a basic revocable living trust, especially if:
You have a straightforward estate.
You’re comfortable filling out a form with standard terms.
However, legal advice is strongly recommended if:
You have a large or complex estate.
You want to minimize taxes or provide for special needs.
You plan to disinherit a family member.
What Do I Do After I Fill It Out?
Sign the trust in front of a notary public.
Fund the trust by transferring assets into it (e.g., retitling your home or bank accounts in the name of the trust).
Store it safely and give copies to your successor trustee and attorney, if applicable.
Update your trust over time if your circumstances or wishes change.
Can I Change or Cancel It?
Yes. As long as you're alive and mentally competent, you can:
Add or remove assets
Change trustees or beneficiaries
Revoke the trust entirely
That flexibility is a key benefit of this type of trust.
Living Trust vs. a Will
Feature | Living Trust | Will |
Goes through probate? | ❌ No | ✅ Yes |
Public record? | ❌ No | ✅ Yes |
When it takes effect | During your life & after death | After death only |
Can name guardians for children | ❌ No | ✅ Yes |
Easy to update? | ✅ Yes | ✅ Yes |
Many people use both: a trust to manage assets, and a simple will to cover anything the trust doesn’t.
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