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(a) Every will shall be in writing, signed by the testator or by some person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses.
Probate cannot be avoided simply by using a pour-over will. Of course, Illinois does not require that all estates be probated. In particular, an executor can use a small estate affidavit if there is no real estate and the total value of the estate does not exceed $100,000.
Another potential advantage is that a trust is a way of keeping control and asset protection for the beneficiary. A trust avoids handing over valuable property, cash or investment while the beneficiaries are relatively young or vulnerable.
What Is a Pour-Over Will? A pour-over will is a legal document that ensures an individuals remaining assets will automatically transfer to a previously established trust upon their death.
Probate cannot be avoided simply by using a pour-over will. Of course, Illinois does not require that all estates be probated. In particular, an executor can use a small estate affidavit if there is no real estate and the total value of the estate does not exceed $100,000.
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Assets that go through the probate process include the following. Property in a will. Tenants-in-common assets. Assets with no named beneficiary. Jointly-owned assets. Assets with a named beneficiary. Assets covered by the Illinois Small Estate Affidavit. Property held in a trust. Assets that are transferred on death.
A pour-over will only goes through probate if you have failed to attach all your assets to your living trust. The probate process with a pour-over will is much shorter than probate with a traditional will.
With a pour-over will, any assets not included in your trust are automatically transferred to your trust after you pass away. Think of it as a kind of safety net, capturing any property you didnt transfer to your trust while you were alive.
The Cons. While there are many benefits to putting your home in a trust, there are also a few disadvantages. For one, establishing a trust is time-consuming and can be expensive. The person establishing the trust must file additional legal paperwork and pay corresponding legal fees.
Although a pour-over will can add your assets to your trust after your death, those assets impacted by the pour-over will may have to go through probate. If you dont have any will or trust, and your estate is valued at over $100,000, your assets will be distributed to your heirs according to Illinois intestate laws.

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