Inherit Smarter, Not Harder: How Illinois Intestacy Laws Can Save You $12,500

Oct 04, 2024By Ellen Deranian
Ellen Deranian

When it comes to handling a loved one's estate in Illinois, many people don't realize there's a smarter, more cost-effective alternative to probate. By leveraging intestacy laws, you can potentially save an average of $12,500 in probate costs while still ensuring your family's inheritance is protected[4].

Understanding Intestacy Laws in Illinois

In Illinois, intestacy laws govern the distribution of assets when a person dies without a valid will (755 ILCS 5/2). These laws provide a predetermined formula for asset distribution based on family relationships[1]. At the moment of death, property titles automatically pass to heirs, by operation of law, allowing you to bypass the lengthy and expensive probate process altogether.

The Cost Advantage of Avoiding Probate

The average cost of probate in Illinois is a staggering $12,500[4]. This substantial amount could instead be preserved for your loved ones rather than being consumed by legal fees and court costs. By avoiding probate and relying on intestacy laws, you're putting more of your hard-earned assets into the hands of those who matter most; your pocket.

Benefits of Intestacy Over Probate

Avoiding probate through intestacy laws offers several advantages:

1. Speed: Intestate succession is immediate, while probate can drag on for months or even years.
2. Privacy: Unlike probate, which becomes public record, intestate transfers keep your family's financial matters confidential.
3. Simplicity: Intestacy laws provide a clear, predetermined formula for asset distribution, reducing the potential for disputes.

Considerations and Limitations

For estates valued at less than $100,000 and without real estate, a small estate affidavit can be used to avoid probate[1].

Seeking Professional Help

Remember, by understanding and leveraging Illinois intestacy laws, you can potentially save $12,500 in probate costs while ensuring a smoother, faster transition of assets to your loved ones.

Schedule a call to discuss your situation.


Sources:

[1] https://estateandprobatelegalgroup.com/how-much-are-probate-fees-in-illinois/
[2] https://www.oflaherty-law.com/learn-about-law/how-to-file-probate-without-an-attorney-in-illinois-a-comprehensive-guide-for-2023
[3] https://smartasset.com/estate-planning/how-much-does-probate-cost-in-illinois
[4] https://estateandprobatelegalgroup.com/how-much-are-probate-fees-in-illinois/