If you’re thinking about estate planning in Illinois, you’ve probably heard the terms “will” and “trust” tossed around — sometimes interchangeably. But they’re not the same thing. And depending on your goals, one might be far better suited for your family, your assets, and your peace of mind.
In this guide, we’ll break it all down clearly:
What’s the difference between a will and a trust?
Which one actually protects your family from probate in Illinois?
And what would a local expert — someone who’s created thousands of plans in Cook County — recommend?
Let’s get started.
What Is a Will in Illinois?
A will, or “last will and testament,” is a legal document that spells out your wishes after you die. It lets you name who gets what, and who will handle your estate.
Sounds simple, right? But here’s the catch: a will has no legal power until it’s filed with a judge. That means your loved ones will go through probate court — a long, expensive, and public legal process — before anything can be distributed.
🧾 A will is basically a letter to a judge that says, “Here’s what I want to happen.”
But the court still oversees the entire process.
What a Will Can Do:
Appoint guardians for minor children
Distribute specific assets to people or charities
Nominate an executor to manage your estate
Express personal or funeral wishes
What a Will Can’t Do:
Avoid probate
Keep your affairs private
Protect your family during incapacity
Offer advanced asset protection (like divorce or creditor shielding)
What Is a Trust?
A living trust is a powerful estate planning tool that holds your assets while you’re alive and distributes them after you pass — all without court involvement.
With a trust, you can:
Stay 100% in control of your assets during your lifetime
Plan for incapacity
Name who takes over when you’re gone
Avoid probate entirely
Keep everything private
At Freedom Trust Services, based in Glenview, IL, we design revocable living trusts that work seamlessly under Illinois law. Our trust plans operate smoothly through all three life chapters:
Alive and Well – You’re in charge. No changes to how you live or manage your money.
Alive and Not So Well – You’ve named someone to step in (via Power of Attorney) to protect you and your assets.
After Death – Your trust quietly transfers everything to the people you love — no court, no chaos.
✅ With a trust, there’s no probate. Your plan gets carried out directly, privately, and efficiently.
Will vs Trust in Illinois: What’s the Real Difference?
| Feature | Will | Living Trust |
|---|---|---|
| Goes Through Probate? | ✅ Yes | ❌ No |
| Public or Private? | 🧾 Public Record | 🔐 100% Private |
| Effective When? | After Death (in court) | Immediately (while alive) |
| Covers Incapacity? | ❌ No | ✅ Yes |
| Time to Settle Estate | Months or Years (via court) | Weeks (directly through the trust) |
| Legal Costs | 3–8% of Estate in Fees | Flat-rate, far lower long-term |
| Control & Flexibility | Limited | High – with custom instructions |
| Long-Term Protection for Family | ❌ None | ✅ Built-in |
Which One Do You Actually Need?
Here’s the honest truth from Marty Fogarty, founder of Freedom Trust Services and creator of The Freedom Plan:
“The will is a great backup — but it’s not the tool you want driving your plan. It was designed for a simpler time. Today, when homes are worth $400k+ and families want privacy and control, a trust is the way forward.”
Most of our Glenview clients come in thinking they just need a will — and leave feeling relieved they discovered a trust instead.
Wills still have a place — often as a “safety net” called a pour-over will, which catches any assets not placed into your trust. But they’re no longer the primary way to plan an estate in Illinois.
Common Myths About Wills & Trusts
❌ “I’m not rich enough for a trust.”
You don’t have to be wealthy. If you own a home, a retirement account, or just want to spare your family the burden of court, a trust is a wise choice.
❌ “Trusts are complicated.”
Not with us. Our 3-step process makes it simple, clear, and surprisingly empowering.
❌ “A will is enough to protect my family.”
Unfortunately, wills don’t cover incapacity, and they force your family through the public court process.
How the Freedom Plan Makes It Easy
At Freedom Trust Services, we’ve developed a unique planning process called The Freedom Plan — built specifically to help Illinois families get this right.
You’ll work one-on-one with a legal design specialist to:
Clarify your goals
Understand your options
Choose the right tools
Build a plan that fits your life — not just your assets
💬 “People go from confused to confident in one meeting.”
You’ll walk away with:
A revocable living trust tailored to your needs
Updated powers of attorney
A simple, visual guide to your plan
Peace of mind that your family is protected
So, Do You Need a Will or a Trust?
A will is a good start. But a trust is a complete solution.
If you want to avoid probate in Illinois… get a trust.
If you want to protect your loved ones from chaos and court… get a trust.
If you want peace of mind, privacy, and control… get a trust.
And if you’re still unsure? That’s what we’re here for.
Book Your Free Estate Planning Consultation
No pressure. No legal jargon. Just a conversation about what matters to you — and how we can help.
📍 Freedom Trust Services – Glenview, IL
👤 Meet with our estate planning team locally or online
🗓️ Click below to schedule your free, no-obligation consultation
