What Is Included in a Basic Estate Plan in Illinois?

 Posted on January 30, 2026 in Estate Planning

A basic estate plan in Illinois includes a small group of legal documents that explain who will make decisions for you and who will receive your property if something happens to you. Many families delay this step, even though the consequences can be serious.

In 2025, a nationwide estate planning report found that 55 percent of adults in the United States have no estate planning documents at all, meaning they have no will or basic plan in place. As of 2026, when no plan exists, Illinois law steps in and makes decisions for the family. For residents planning ahead, our McHenry County, IL estate planning lawyers can explain how a basic estate plan is about more than wealth. It is about clarity, control, and reducing stress for loved ones.

What Documents Are Usually Included in a Basic Estate Plan in Illinois?

A basic estate plan is made up of a few core documents. Each document serves a specific role. Together, they cover medical decisions, financial decisions, and what happens after death.

A basic Illinois estate plan usually includes:

• A will that explains who receives property and who manages the estate

• A durable power of attorney for property to handle financial matters

• A power of attorney for health care to make medical decisions

• In some cases, a simple trust to avoid probate or manage assets

Leaving out one of these documents can create gaps that lead to court involvement or family conflict.

What Does a Will Do in an Illinois Estate Plan?

A will explains how property should be distributed after death. It can also name a guardian for minor children. Without a will, state law decides who inherits, which may not match personal wishes.

The Illinois Probate Act of 1975 governs how wills are created and how estates are handled in probate court. This is the court process used to settle an estate after someone passes away. While probate is common, a clear will helps keep the process organized and lowers the risk of disputes.

However, keep in mind that a will does not control everything in an estate. Some assets, such as life insurance or retirement accounts with named beneficiaries, pass outside the will. This is why a complete estate plan matters.

Why Are Powers of Attorney So Important in Illinois?

Powers of attorney address what happens during life, not after death. These documents matter if a person becomes sick, injured, or otherwise unable to make decisions.

The Illinois Power of Attorney Act, under 755 ILCS 45/, allows adults to name trusted agents to act on their behalf. A power of attorney for property covers bills, bank accounts, and financial decisions. A power of attorney for health care covers medical choices and end-of-life wishes.

Without these documents, family members may need court approval to act. That process takes time and often adds stress during an already difficult situation.

Is a Trust Part of a Basic Estate Plan in Illinois?

Not every basic estate plan includes a trust, but many do. A trust can help avoid probate and give clearer instructions about how assets should be managed.

The Illinois Trust Code sets the rules for creating and managing trusts. A simple revocable living trust allows assets to be managed during life and transferred smoothly after death. This option is often helpful for homeowners or families with more than one beneficiary.

A trust does not have to be complex. In many cases, it is used to make things easier for loved ones.

What Happens if You Do Not Have a Basic Estate Plan in Illinois?

When there is no estate plan, Illinois law fills in the gaps. This often leads to delays and added costs.

Without a basic estate plan, families may face:

• Court-appointed guardians for medical or financial decisions

• Probate disputes between family members

• Property distribution that does not match personal wishes

These outcomes are common and often avoidable with proper planning.

Speak With Our Kane County, IL Estate Planning Attorneys Today

A basic estate plan only works if it is clear, legally valid, and practical. At SpyratosDavis LLC, we can help ensure all documents work together and reflect your real-life needs. Our seasoned litigators are also prepared to put forth a well-thought-out case on your behalf if disputes ever arise. We use solution-focused strategies and approach every matter as compassionate thinkers who understand the personal side of estate planning.

Call 630-810-8881 today to speak with our McHenry County, IL estate planning lawyers about creating a plan that protects you and your family.