(And How It Can Help Your Family Avoid Probate Problems Later)
If you already have a will, congratulations – only about 32% of Americans have a valid estate plan in place. But writing a will once and never touching it again can create unexpected probate issues down the road. As life changes, so should your will. Year end is the perfect time to review your wishes, update outdated documents, and make sure your estate is positioned to move smoothly through probate with as little cost, delay, and conflict as possible.
Below are the top 5 reasons to update your will before the new year begins – and why making these changes now can prevent expensive probate complications later.
Marriage, divorce, death, or the birth of a child or grandchild are some of the most common reasons people revisit their wills. If someone new should inherit – or if someone should no longer inherit – you must update your documents.
Failing to update these terms often leads to probate disputes over who should receive property or who should serve as executor.
Your will should accurately reflect what you currently own. If you leave property you no longer have (for example, a car or home you’ve sold), or if you’ve acquired new property that is not listed, your executor may face avoidable delays or court involvement.
Probate goes faster when assets are clearly listed and instructions are up to date.
Every state has different rules for wills, probate, and inheritance taxes. If you moved to Illinois – or bought property here – you’ll want your documents reviewed to ensure they comply with Illinois law. You may also need to update who serves as your executor so the probate process is more efficient.
Any business interest must be addressed in your estate plan. Whether you have an LLC, corporation, or sole proprietorship, your will should reflect who will inherit or manage your business interests.
Without clear instructions, your family may face a complicated probate proceeding, business interruptions, and potential conflict between heirs.
Your will reflects your wishes – and your wishes can change. You are not legally required to leave assets to certain children, relatives, or beneficiaries. If you want to add, remove, or adjust someone’s inheritance, you need a legally valid update.
Improper handwritten changes often lead to probate litigation, so making updates with an attorney is essential.
A will must meet strict legal requirements to be considered valid in Illinois probate court. If you cross out text, add handwritten notes, or attach unexecuted pages, the court may consider the changes invalid – which opens the door to disputes, delays, and unnecessary legal fees.
An experienced Oak Brook estate planning attorney can help you:
Not necessarily. But you should review it annually, especially at year end, to catch major changes in family, finances, tax laws, or assets that might affect probate.
An outdated will can lead to:
A will does not avoid probate – but an updated, well-drafted will can make probate significantly smoother, faster, and less costly. Your attorney may also recommend adding a trust if avoiding probate is a priority.
No. Handwritten changes and cross-outs are usually rejected in probate court. Instead, you must properly execute a new will or a codicil—a legally binding amendment that updates specific parts of your existing will while leaving the rest of the document intact—and ensure it meets Illinois legal standards.
Absolutely. Take this opportunity to review:
Updating your will is one of the most important gifts you can give your family. A clear, current will protects your legacy and makes the probate process easier for the people you love.
If you have questions about reviewing or updating your will, contact us for a free consultation at 630-864-5835.
We proudly serve clients in Cook, DuPage, Kane, Lake, Kendall, and Will counties.
