Welcome to Illinois – we’re glad you’re here.
If you’ve recently moved, one of the smartest steps you can take is reviewing your estate plan with a probate-focused attorney before a crisis occurs.
Estate planning laws vary widely by state, and what worked elsewhere may create serious probate complications in Illinois. Community property rules, will requirements, and probate court procedures are different here – and one estate planning tool that frequently causes trouble is the joint will.
While Illinois recognizes joint wills, they are often a red flag in probate court and a common source of disputes, delays, and unintended consequences for surviving spouses and heirs.
A joint will is a single will created and signed by two people, typically spouses, outlining how assets will be distributed after both have passed away.
In most joint wills:
On paper, joint wills sound simple. In probate court, they often are anything but.
Although joint wills are legal in Illinois, probate judges and probate attorneys are cautious with them – for good reason.
Joint wills are more likely to be challenged by heirs. Beneficiaries may claim:
These disputes can drag estates into lengthy probate litigation.
Once one spouse passes, the surviving spouse usually cannot change the will – even if life circumstances change.
This can prevent the surviving spouse from:
From a probate standpoint, irrevocable terms often lead to court involvement and conflicts.
If you created a joint will in another state:
Probate becomes far more complicated when documents weren’t designed with Illinois law in mind.
Joint wills are harder to administer and interpret. Probate courts prefer clear, individual documents that reduce ambiguity and disputes.
When clarity is missing, probate judges must step in – which means:
Instead of joint wills, many probate attorneys recommend:
These options allow:
A probate-focused estate plan doesn’t just decide who gets assets – it determines how smoothly (or painfully) the estate is handled in court.
Estate plans often look fine on paper – until probate begins.
An attorney who regularly handles probate understands:
Planning with probate in mind can save your loved ones months of delay, thousands in fees, and unnecessary conflict.
If you recently moved to Illinois or have an older estate plan, now is the time to review it – especially if you have a joint will.
👉 Speak with an experienced Oak Brook estate planning and probate attorney to review your documents, avoid probate pitfalls, and ensure your plan actually works under Illinois law.
At Estate & Probate Legal Group, we help families:
📞 Call 630-864-5835 to schedule a consultation today.
Areas We Serve: Cook, DuPage, Kane, Kendall, and Will Counties.
Yes, Illinois recognizes joint wills. However, legality does not mean they are advisable – especially from a probate standpoint.
No. Joint wills must still go through probate, and they often increase the likelihood of disputes and court involvement.
In most cases, no. Once one spouse dies, the will often becomes irrevocable, limiting the survivor’s options.
They are harder to interpret, easier to challenge, and more likely to cause disputes between beneficiaries and surviving spouses.
It may still be valid, but it can create complications under Illinois probate law. A review is strongly recommended.
Separate wills, mirror wills, or trust-based planning usually provide more flexibility and fewer probate issues.
As soon as possible. Waiting until a death occurs means probate court – not you – controls the outcome.
Bottom line:
Joint wills often create more probate problems than they solve. A probate-informed estate plan can protect your spouse, your assets, and your family from unnecessary court involvement.
Our estate planning lawyers can help you build or review all parts of your estate plan. Talk to a qualified wills and probate attorney in Chicago to ensure your will is set to protect you and your loved ones. Contact the Estate & Probate Legal Group at 630-864-5835.
Areas We Serve: Cook, DuPage, Kane, Kendall and Will counties.
