What Documents Should Be Gathered Before a Decedent's Passing to Streamline Probate in Illinois? | Illinois Estate Planning | FastCounsel
IL Illinois

What Documents Should Be Gathered Before a Decedent's Passing to Streamline Probate in Illinois?

Detailed Answer

Planning ahead helps your loved ones navigate probate in Illinois. The Illinois Probate Act (755 ILCS 5/) governs the process. Having key documents ready can simplify court filings, asset transfers, and minimize delays.

Personal and Family Information

  • Full legal name, date of birth, and Social Security number
  • Marriage certificate and divorce decrees
  • Birth certificates and names of children and beneficiaries

Estate Planning Documents

  • Last will and testament
  • Revocable living trust documents, if any
  • Durable power of attorney for financial matters
  • Advanced healthcare directive and healthcare power of attorney

Financial and Asset Records

  • Bank account statements and account numbers
  • Retirement and investment account details
  • Life insurance policies and beneficiary designations
  • Real estate deeds, mortgage statements, and vehicle titles
  • Business ownership documents, if applicable

Debts and Liabilities

  • Credit card statements and loan agreements
  • Outstanding bills, medical expenses, and recent tax returns

Funeral Arrangements and Final Wishes

Written instructions on burial, cremation, and memorial preferences

Professional Contacts

  • Contact information for your attorney, accountant, and financial advisor
  • Insurance agents and bank representatives

Tip: For small estates under $100,000, Illinois law allows a small estate affidavit under 755 ILCS 5/18-1, which can bypass full probate.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.

Helpful Hints

  • Store originals and keep backup copies in a secure location
  • Provide a trusted person with a checklist of document locations
  • Review and update documents after major life events
  • Maintain a secure list of digital account passwords
  • Discuss your plans with family or executors to avoid surprises
  • Consider a professional safe deposit box for critical papers
  • Label files clearly and keep a corresponding spreadsheet

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.