πŸ™οΈ How to Create a Trust in Illinois (2025 Guide)

Illinois residents face some of the most costly and time-consuming probate processes in the country. If you want to keep your estate private, avoid court fees, and protect your loved ones β€” a trust is the most effective way to do it. This 2025 guide explains exactly how to create a legally valid trust in Illinois β€” without spending thousands on an estate attorney.

10/20/20252 min read

πŸ™οΈ How to Create a Trust in Illinois (2025 Guide)

Illinois residents face some of the most costly and time-consuming probate processes in the country. If you want to keep your estate private, avoid court fees, and protect your loved ones β€” a trust is the most effective way to do it.

This 2025 guide explains exactly how to create a legally valid trust in Illinois β€” without spending thousands on an estate attorney.

πŸ”Ž What Is a Trust?

A trust is a legal arrangement where a person (the grantor) places property into a legal structure, managed by a trustee, for the benefit of beneficiaries.

In Illinois, the Revocable Living Trust is the most popular and flexible:

  • Avoids probate court (which can take 6–12+ months)

  • Keeps your estate private

  • Lets you stay in control of your assets during your lifetime

  • Protects your family in case of incapacity or death

πŸ“ Step-by-Step: How to Set Up a Trust in Illinois

Follow these steps:

1. Choose the Right Trust

Start with:

  • βœ… Revocable Living Trust
    Add-on or optional trusts include:
    ☐ Minor’s Trust
    ☐ Special Needs Trust
    ☐ Spendthrift Trust
    ☐ Dynasty Trust (multi-generation protection)

βœ… TrustGenie includes all of these in a single plan.

2. Name the Key Parties

☐ Grantor – You (creator of the trust)
☐ Trustee – The person who manages the trust (can be you)
☐ Successor Trustee – Who takes over if you’re incapacitated or deceased
☐ Beneficiaries – Those who will inherit from the trust

3. List Your Assets

Include all that you want protected or passed on:
☐ Illinois real estate (home, rental properties, land)
☐ Bank accounts and credit unions
☐ Investments and retirement accounts
☐ Vehicles
☐ Business ownership (LLCs, corporations, etc.)
☐ Life insurance
☐ Valuables, art, jewelry

βœ… TrustGenie provides a built-in Schedule A and asset funding templates.

4. Sign the Trust (Illinois Rules)

  • Trust must be in writing

  • Signed by the grantor

  • Notarization is required

  • Witnesses are not required, but can be helpful for bank acceptance

βœ… TrustGenie gives you clear Illinois signing instructions.

5. Fund the Trust

Your trust only protects what you put into it. Fund it by:
☐ Filing a Quitclaim Deed or Warranty Deed for real estate
☐ Retitling bank and brokerage accounts to the trust
☐ Assigning personal property using a General Assignment
☐ Updating life insurance beneficiary forms (optional)
☐ Keeping records of every transfer

🚨 If you skip this step, your trust will not avoid probate.

⚠️ Common Mistakes in Illinois

❌ Not transferring real estate or bank accounts to the trust
❌ Assuming a will avoids probate (it doesn’t in Illinois)
❌ Failing to name a successor trustee
❌ Not updating the trust after major life events
❌ Forgetting to include newly acquired assets

πŸ’° Cost of Creating a Trust in Illinois

Option Average Cost Illinois Attorney$2,500 – $6,000 DIY Templates$100 – $500 TrustGenie Full Plan$150/year (state-specific documents, deed templates, and updates)

🧠 Can I Make My Own Trust in Illinois?

Yes β€” Illinois allows non-attorneys to create valid trusts if:

  • It’s in writing

  • Clearly states intent and names all parties

  • Signed by the grantor

  • Properly funded with real assets

βœ… TrustGenie takes care of the structure, wording, and instructions.

πŸ“Ž Download: Illinois Trust Checklist

Use our printable checklist to:

  • Organize your steps

  • Track asset transfers

  • Avoid legal missteps

  • Speed up setup

πŸ“₯ [Download the Illinois Checklist Now]

βœ… Ready to Get Started?

TrustGenie helps Illinois residents build valid trusts in minutes β€” not months β€” for a fraction of the cost of a lawyer.

πŸ‘‰ [Start Your Illinois Trust Now – $150/yr Plan]

πŸ”— Related Posts:

  • [Illinois Probate Explained: Why You Should Avoid It]

  • [Can a Revocable Trust Protect Me from Lawsuits?]

  • [What’s the Difference Between a Will and a Trust in IL?]

✍️ Written by:

TrustGenie Legal Team
Clear, Legally Valid Trusts β€” Built for Illinois.