Dr. Pat Pachciarz® Clarity · Caregiving for aging parents

Mom Had a Will but No Trust: What Happens Now in Illinois

You thought you were Mom's successor trustee. Then you opened the folder and found a will, and no trust. Now you're not sure what you're allowed to do, and your siblings are asking questions you can't answer yet.

Oswego and Aurora, IL, and virtually in all 50 states · 815-486-0722

Written and reviewed by Dr. Pat Pachciarz® · Updated October 17, 2026 · Educational, not individual legal, tax or investment advice. Illinois law as of October 2026.

We hear this one a lot. It's confusing, and it's not your fault. Here's what actually changes, step by step, in Illinois.

The short answer

If there's only a will, there's no successor trustee. A will names an executor, and in Illinois the executor gets official authority through the probate court. When a will is admitted to probate, the court issues letters testamentary to the named executor if they qualify and accept (755 ILCS 5/6-8).

Two deadlines come first. Whoever has the original will must file it with the clerk of the court of the proper county immediately after Mom's death (755 ILCS 5/6-1(a)). And the person named as executor has 30 days after learning they're named to either start probate or say they won't serve (755 ILCS 5/6-3(a)).

Executor vs. successor trustee: what's the difference?

Successor trustee: steps in under a trust. Manages what the trust owns, usually without going to court (760 ILCS 3/815).
Executor: named in a will. Gets authority from the probate court through letters testamentary (755 ILCS 5/6-8).
Mom's power of attorney: covers what Mom owns while she's living. Under Illinois law, the agency lasts until the principal's death (755 ILCS 45/2-5). It isn't a substitute for either role above.

What to do, step by step

1. Figure out what's actually there

Look for a trust, a will, both, or nothing, plus any amendments or codicils. Check Mom's files, her safe deposit box and the attorney who drafted her documents. Each answer leads to a different path, so this step matters most.

2. File the original will with the circuit clerk

Illinois says anyone who has the will must file it with the clerk of the court of the proper county immediately upon death (755 ILCS 5/6-1(a)). Hiding a will for 30 days after learning of the death, or wilfully altering or destroying it, is a felony (755 ILCS 5/6-1(b)). The proper county is generally where Mom lived (755 ILCS 5/5-1(a)). Aurora families: confirm Mom's county from her address before you file.

3. Start probate, or say you won't serve

If you're the named executor, you have 30 days from learning that to either begin the probate case or decline (755 ILCS 5/6-3(a)). If you don't, the court can let someone else serve. Your Illinois estate attorney files the petition.

4. Get your letters testamentary

Once the court admits the will, it issues letters testamentary to you if you qualify and accept (755 ILCS 5/6-8). That's the court's official appointment, and it's how you act for the estate.

5. Check whether the small estate affidavit fits

For some families, full probate isn't needed. Illinois allows a small estate affidavit to transfer a decedent's personal property when (755 ILCS 5/25-1(a-5)):

no letters of office are outstanding, and no probate petition is contemplated or pending, and
Mom's personal estate passing by will or without a will is $150,000 or less, not counting motor vehicles registered with the Secretary of State.

Some things to know before you sign one (755 ILCS 5/25-1(b) and (e)):

It's for personal property, like bank accounts and stocks. It isn't how the house transfers.
With a will, the will must already be filed with the court clerk, and a certified copy is attached.
You attach a death certificate and list each asset and its value.
You must pay Mom's valid debts, in the order the law sets, before anything goes to family.
You sign under penalty of perjury, and you personally agree to cover losses caused by mistakes on the affidavit.

A heads-up for 2027: a change taking effect January 1, 2027 means motor homes, camper vans and certain other vehicles will count toward the $150,000 limit instead of being excluded (755 ILCS 5/25-1, as amended by P.A. 104-624).

6. Find what passes outside the will

Some assets never go through the will at all. That's normal, and it can make things simpler.

Payable-on-death bank accounts go to the named beneficiary when the last account holder dies (205 ILCS 625/4(c)).
A transfer on death instrument lets an owner pass real estate to beneficiaries at death (755 ILCS 27/20). Check the county recorder for one on Mom's house.
Retirement accounts and life insurance: ask each company who the named beneficiary is and what they need from you.
Joint accounts and jointly titled property: ask your attorney how each one is titled and where it goes.

7. If you live in Mom's house

Many caregivers do. During probate, the estate's representative generally takes possession of the decedent's real estate, but not the part an heir or legatee lives in as their residence, unless the will says otherwise or the court finds possession is necessary for things like paying claims, taxes or preserving the property (755 ILCS 5/20-1(a) and (b)). Talk with your attorney early so nobody is surprised.

The family side: keeping siblings in the loop

When there's a will but no trust, everyone learns things in public, in court filings. That's why sibling communication matters even more here.

Tell everyone what you found before they hear it elsewhere. "There's no trust. There's a will, and here's the next step."
Share the timeline. Probate takes time, and a shared calendar heads off "why is this taking so long?"
Be clear about the bills. Debts get paid before anyone receives anything. Say so early.
Keep the caregiving story separate from the money story. If you were Mom's caregiver, say what you did and what you're asking for openly, with your attorney's help.
Get help before it turns into a fight. A coordinated meeting with the attorney, CPA and financial coordinator keeps the focus on what Mom wanted.

Related questions

Is the executor the same as a successor trustee?

No. A successor trustee manages trust property. An executor is named in a will and gets authority through the probate court with letters testamentary (755 ILCS 5/6-8).

How fast do I have to file Mom's will?

Immediately after death. Illinois says whoever has the will shall file it with the clerk of the court of the proper county immediately upon the testator's death (755 ILCS 5/6-1(a)).

I'm named executor. Do I have to serve?

No, but you can't just wait. Within 30 days of learning you're named, you either start probate or declare that you won't act (755 ILCS 5/6-3(a)).

Can we skip probate if Mom's estate was small?

Maybe. If no letters of office are outstanding or planned, and Mom's personal estate is $150,000 or less (not counting registered motor vehicles), the small estate affidavit may work (755 ILCS 5/25-1(a-5)). It covers personal property, not the house, and the person signing takes on real responsibility for paying debts first.

Mom had a payable-on-death account. Does that go through the will?

No. On the death of the last account holder, the designated beneficiary owns the account (205 ILCS 625/4(c)).

I'm Mom's POA, but the house is in her trust. Who can sell it?

The trustee. Property titled in a trust is managed by the trustee, and an Illinois trustee's powers include selling trust property, unless the trust limits it (760 ILCS 3/815 and 3/816). While Mom is living and can still decide, the trustee's duties run to her and she can direct the trustee (760 ILCS 3/603(a) and (b)). Your power of attorney lasts until Mom's death (755 ILCS 45/2-5), so it doesn't give you authority over her property after she passes. Whether your POA lets you act for Mom on her trust while she's living depends on what both documents say, so take both to an Illinois estate attorney. More in Can my sister sell Mom's house in the trust without telling us?

Do I owe tax on what Mom left me?

That's its own question. We walk through it in Inheritance taxes: do I owe money on what I got left?

You don't have to figure this out alone

Finding a will instead of a trust feels like the ground moved. It didn't. You just have a different path, and now you know the first steps on it. We sit down with caregivers, executors and their siblings to coordinate the attorney, the CPA and the money, so the process stays calm and Mom's wishes stay at the center.

Start with our caregiver and aging parents hub.
If there is a trust and you're the trustee, read The First 90 Days as Mom's Successor Trustee in Illinois.
Caring for Mom and not getting paid? Read Trustee won't pay Mom's caregiver?
Ready to talk? Call us at 815-486-0722. Oswego and Aurora, IL, and virtually in all 50 states.

This page is educational and isn't legal advice. Every estate is different, so please talk with an Illinois estate attorney about your family's situation.

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Sources

Who is Dr. Pat Pachciarz®?

Dr. Pat Pachciarz® is a Private Wealth Advisor + Tax Strategist with The Pinnacle Group in Aurora, Illinois, and creator of the DAITT® Advisory Method. He is highly focused on the human connection in financial planning: how behavior and emotion shape money decisions. That focus is grounded in the Accredited Behavioral Finance Professional (ABFP®) designation he is pursuing. He is currently earning his Doctorate in Organizational Leadership at the University of St. Francis while simultaneously earning his Master's in Personal Financial Planning at the College for Financial Planning. He coordinates each client's banker, CPA, attorneys and advisors into one clear plan.