Last Will And Testament requirements in Illinois
- You must be at least 18 years old to make a will in Illinois.
- You must be of sound mind, meaning you understand the nature and extent of your property and the effect of the will.
- The will must be in writing—oral (nuncupative) wills are not valid except for certain limited situations for military personnel.
- You must sign the will in the presence of two witnesses, who must also sign in your presence and in each other's presence.
- Witnesses must be at least 18 years old and competent. They cannot be beneficiaries under the will.
- While not required by law, having the will notarized with a self-proving affidavit can expedite probate.
How to create a Last Will And Testament in Illinois
- Take an inventory of your assets, including property, bank accounts, investments, and personal belongings, and decide who should receive them.
- Choose an executor—someone you trust to manage your estate and carry out your wishes. Discuss their role and confirm their willingness.
- Decide on guardians for minor children, if applicable, and name alternates in case your first choice cannot serve.
- Draft your will using a reliable will template or online estate planning service, ensuring it complies with Illinois requirements.
- Sign your will in the presence of two witnesses. Have them sign as well, and consider adding a self-proving affidavit and notarizing it.
- Store your will in a safe place, tell your executor where it is, and review it periodically or after major life events.
What a Last Will And Testament typically costs
The cost of creating a last will and testament in Illinois varies. Using an online will template can cost between $30 and $100. Hiring a lawyer typically ranges from $300 to $1,200, depending on complexity. No filing fee is required at death—your executor will pay probate court costs, which are separate.
Ready to protect your family? Start your Illinois last will and testament today with our simple, guided process.
Create your last will and testamentPre-Start Checklist: Illinois Last Will
Before you start drafting your Illinois will, gather key documents and understand the state's formal requirements to ensure your will is valid and enforceable.
- Verify you are at least 18 years old and of sound mind—Illinois requires both to make a will.
- List all significant assets (real estate, bank accounts, investments, personal property) and debts to inform your distribution plan.
- Decide on beneficiaries and an alternate executor who is at least 18 and not legally incapacitated.
- Have at least two competent witnesses (18+) ready to sign your will in your presence; Illinois does not require notarization, but a self-proving affidavit signed before a notary can simplify probate.
- Avoid common pitfalls: do not handwrite changes after signing, and be specific about bequests to prevent ambiguity.
- Store the signed will in a safe, accessible place and tell your executor where it is—filing with the county clerk is not required but can be done.
Frequently asked questions
What happens if I die without a will in Illinois?
If you die without a will (intestate), Illinois state laws determine who inherits your property. Usually, your spouse and children receive most of it, but the process can be slow and may not reflect your wishes. A will lets you control the distribution.
Do I need a lawyer to make a will in Illinois?
No, you can write your own will if it meets Illinois requirements. However, a lawyer can help ensure your will is valid and covers complex situations, reducing the risk of disputes. Many people use online templates to save money while still having a valid will.
Can a will be contested in Illinois?
Yes, a will can be contested on grounds such as lack of testamentary capacity, undue influence, fraud, or improper execution. Having a properly signed and witnessed will with a self-proving affidavit can help prevent challenges.
Should I make a living will too?
A last will and testament covers your property after death, while a living will (or advance directive) outlines your medical care if you become incapacitated. Both are important for comprehensive estate planning.