08/04/2026
Do you know the hidden costs of not having a trust?
A Last Will and Testament provides instructions for what should happen after you pass away. But, if assets remain in your individual name without a beneficiary designation or another method of transfer, your family may still need to open a probate proceeding to carry out said instructions.
Here is what that can cost in Illinois:
• $479 just to open a probate estate in Cook County
• Approximately $100 to $500 for the required newspaper notices
• Approximately $3,000 to $7,000 in attorney fees for a routine, uncontested administration
• Approximately $5,000 to $12,000 in total probate costs for many uncontested estates
Illinois does not set a fixed percentage for probate attorney or executor fees. The law allows “reasonable compensation,” so costs depend on the work involved. Bond premiums, appraisals, accounting, tax preparation, real estate issues, missing records, creditor claims, or disagreements among beneficiaries can push the total much higher.
There is also the time involved. Illinois requires notice to creditors and a claims period of at least six months from the first publication. Even a relatively straightforward probate case can take many months to complete.
A properly created and funded trust can allow assets to pass outside probate. That can provide several important benefits:
• Faster access to assets for your family
• Greater privacy because probate court records are generally public
• More control over when and how beneficiaries receive an inheritance
• Protection for minor children or beneficiaries who may need financial guidance
• A plan for managing trust assets if you become incapacitated
A trust is not automatically the right answer for every person, and simply signing one is not enough. Your assets must be coordinated with the trust for the plan to work as intended.
Estate planning should be based on what your family owns, how those assets are titled, and what you want to happen if you become incapacitated or pass away.
Contact David Frank Law Group to schedule a consultation and learn whether a trust should be part of your estate plan.