Why Do You Need a Will or Estate Plan in Illinois?

 Posted on February 27, 2026 in Estate Planning

You need a will or a full estate plan to make sure your property, finances, and personal wishes are handled the way you want after your death. A 2025 estate planning study found that only 24 percent of Americans have a will. Without a plan, Illinois law decides who receives your assets and who manages your estate. This can create delays, added costs, and stress for loved ones.

If you are thinking about protecting your family’s financial future in 2026, our DuPage County, IL estate planning lawyers can help you create a plan that reflects your wishes.

What Happens if You Do Not Have a Will in Illinois?

If you pass away without a will, Illinois law determines who inherits your property. This process is called intestate succession and is governed by 755 ILCS 5/2-1.

Under this law, your estate is distributed based on family relationships defined by statute. The court follows a strict legal order instead of considering your personal preferences.

This may result in outcomes you did not intend. For example, certain individuals you care about may not receive anything if they are not recognized under the law, and others whom you would rather not leave anything to may inherit from your estate.

How Does a Will Help You Stay in Control of Your Estate?

A will allows you to make clear decisions about who receives your property and who will manage your affairs. You can name an executor who is responsible for carrying out your instructions.

You can also use a will to nominate a guardian for your minor children. This allows you to choose someone you trust rather than leaving that decision to a judge.

What Is Included in a Complete Illinois Estate Plan?

A will is only one part of a broader estate plan. Estate planning includes several legal tools that protect your interests during your lifetime and afterward.

An estate plan may include:

• A will that explains how your property should be distributed
• A power of attorney for financial decisions
• A healthcare power of attorney for medical decisions
• Trust documents to manage and protect assets

Each document serves a different purpose and helps ensure your wishes are followed.

How Can Estate Planning Help Reduce Legal Complications?

Estate planning can make the legal process easier for your family. Under 755 ILCS 5/6-1, probate proceedings are often required for transferring ownership of assets. This process may involve court filings, deadlines, and legal procedures. Planning ahead can help reduce delays and simplify the transfer of property.

Who Makes Decisions if You Become Incapacitated in Illinois?

Estate planning also protects you while you are still alive. Unexpected illness or injury can prevent someone from managing their finances or healthcare decisions.

Illinois law allows you to appoint someone to act on your behalf through powers of attorney under 755 ILCS 45/2-1. This person can make decisions based on your instructions.

Without these documents, your family may need court approval to act for you.

How Can Estate Planning Lawyers Help You Protect Your Future?

Estate planning lawyers help you create documents that meet Illinois legal requirements and reflect your personal goals. They can explain your options and help you avoid errors that could affect your estate.

Professional guidance helps ensure your plan works as intended and protects the people who matter most to you. Overall, having the right legal support can make the process easier and more effective.

Schedule a Free Consultation With Our Cook County, IL Estate Planning Attorneys

At Whitacre & Stefanczuk LTD, we provide personal attention and clear communication throughout the process. Attorney Daniel Stefanczuk is committed to maintaining an intimate practice where clients feel comfortable and supported. He treats clients like family and takes the time to understand their individual needs.

If you are ready to create a will or estate plan, schedule a free consultation by calling 773-622-6100. Our DuPage County, IL estate planning lawyers are ready to help you protect your future and provide peace of mind.