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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 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.
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.
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.
The main downside to pour-over wills is that (like all wills), the property that passes through them must go through probate. That means that any property headed toward a living trust may get hung up in probate before it can be distributed by the trust.
Illinois Small Estate Affidavit: If the size of your estate, is small enough, the State of Illinois will allow you to use something called a small estate affidavit to transfer property without involving the probate court.
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.
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.