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The primary methods for avoiding probate in Illinois include joint tenancy, living trusts, beneficiary designations, and Payable-on-Death (POD) or Transfer-on-Death (TOD) accounts.
This will is suitable for a married or single individual with or without children. The will directs the testator's estate to a revocable trust, which is used with a pour-over will to help the settlor avoid probate, maintain privacy, and ease the transition in asset management on the settlor's incapacity or death.
5 ways to avoid probate Joint ownership of property. Beneficiary designations. Pay-on-death and transfer-on-death accounts. Revocable living trust. Giving away property.
While a pour-over will works closely with a trust, it doesn't inherently avoid probate. The assets that get poured into the trust upon your death still have to go through the probate process. To avoid probate altogether, you would need to place your assets directly into a trust prior to your passing.
Life insurance proceeds, savings accounts, retirement benefits and other accounts should have named beneficiaries. If your accounts name your chosen beneficiary, when you die your money in that account is directly transferred to your named beneficiary without undergoing probate.
The major disadvantage of pour-over wills is that unlike living trusts, all assets that go through wills of any kind may be subject to probate. This means that using a pour-over will make at least some of your estate likely to require the very probate you've attempted to avoid when you created a living trust.
How do you write a pour-over will? Set up a living trust. Before you can make a pour-over will, you first need to create a living trust. ... Name your trustee as the beneficiary in your pour-over will. ... Name a will executor. ... Consider your other estate-planning needs.
Steps to Create a Will in Illinois Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.