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Frequently Asked Questions

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IS A TRUST MORE PRIVATE?

Like most court records, probate files are open to the public. Anyone can go to the courthouse and review your probate file; however, as a practical matter, this rarely happens. In Illinois, under modern probate procedures (called "independent administration") an inventory and accounting do not have to be filed with the court, and therefore the key documents showing the assets of the decedent are not made public. A living trust provides the ultimate in privacy because it does not pass through probate at all.