Question 1

What makes a will valid in Illinois?

Accepted Answer

Anyone 18 or older who is of sound mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone in their presence and at their direction), and attested in the will-maker's presence by two or more credible witnesses.

Question 2

Is a handwritten will valid in Illinois?

Accepted Answer

No. Illinois has no exception for handwritten wills: every will must be attested by at least two credible witnesses, so an unwitnessed handwritten will is not valid as a will.

Question 3

Does a will need to be notarized in Illinois?

Accepted Answer

Illinois does not use a notarized self-proving affidavit. Instead, a will can be proved without witness testimony through an attestation clause signed by the two witnesses, or a witness affidavit signed at or after signing and attached to the will, stating that they saw the will-maker sign (or heard them acknowledge it), signed in the will-maker's presence, and believed the will-maker to be of sound mind and memory.

Question 4

Who inherits if someone dies without a will in Illinois?

Accepted Answer

Spouse and descendants: one-half to the spouse, one-half to the descendants. Spouse but no descendants: everything to the spouse. Descendants but no spouse: everything to the descendants. No spouse or descendants: to parents, brothers and sisters in equal shares (a surviving parent takes a double share if the other parent has died; a deceased sibling's descendants take that sibling's share), then to grandparents or their descendants (half to each side), then great-grandparents or their descendants, and then more distant relatives.

Question 5

What is a surviving spouse entitled to in Illinois?

Accepted Answer

A surviving spouse may renounce the will and take one-third of the estate if the decedent left a descendant, or one-half if there is no descendant (after claims are paid). The spouse must file a signed written renunciation in the probate court within 7 months after the will is admitted to probate (the court can extend this if litigation affecting the spouse's share is pending).

Question 6

What is the small estate limit in Illinois?

Accepted Answer

A small estate affidavit can be used to collect personal property when no letters of office are outstanding or planned anywhere and the decedent's personal estate passing by will or intestacy is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State (registered vehicles can also be transferred with it). It covers money, bank accounts, safe deposit boxes, stocks and other personal property; it cannot transfer real estate. The affidavit must list each asset and its value, the debts, and the heirs or beneficiaries, and a death certificate must be attached.

Question 7

Is there a simplified probate process in Illinois?

Accepted Answer

Summary administration: if the gross value of the decedent's real and personal estate in Illinois is $100,000 or less, all heirs and beneficiaries consent in writing, debts and taxes are listed or paid, and each distributee posts a refunding bond, the court can order distribution on summary administration without a full probate. Illinois also allows independent administration (with less court supervision) in regular probate.

Question 8

How does probate work in Illinois?

Accepted Answer

Probate is filed in the circuit court of the county where the decedent lived (or, for nonresidents, where most of the real estate or personal property is). A person who learns they are named executor must file the will for probate or decline to act within 30 days. Main steps: petition for probate and letters of office; oath and bond; letters issued; publish notice to creditors once a week for 3 weeks and mail notice to known creditors; file a verified inventory within 60 days after letters are issued; pay claims and expenses; and account and distribute before the estate is closed.

Question 9

How long do creditors have to file claims against an estate in Illinois?

Accepted Answer

The published and mailed notice sets a claim deadline that must be at least 6 months after the first publication, or 3 months after mailing or delivery to a known creditor, whichever is later. Claims not filed by that date are barred. In any event, claims are barred 2 years after the decedent's death, whether or not probate is opened.

Question 10

Who can be an executor in Illinois?

Accepted Answer

An executor must be 18 or older, a U.S. resident, of sound mind, not adjudged a person with a disability, not in state or federal prison, and generally not convicted of a felony (a person with a felony conviction may serve if the will names them and expressly acknowledges the conviction, with some exceptions such as financial exploitation of an elderly or disabled person). A nonresident executor may serve, but the court may require a bond even if the will waives it. Representatives take an oath and file a court-approved bond unless the will excuses it.

Question 11

Does Illinois allow transfer-on-death deeds?

Accepted Answer

Yes. Illinois allows a transfer on death instrument for real estate. It must have the formalities of a recordable deed (consideration and beneficiary addresses not required), state that the transfer occurs at the owner's death, be signed by the owner, be attested in writing by at least two credible witnesses, be acknowledged before a notary along with the witnesses' signatures, and be recorded with the county recorder before the owner's death. A transfer on death instrument that is not witnessed by two credible witnesses is void.

Question 12

What does a quitclaim deed need to be valid in Illinois?

Accepted Answer

A deed must be in writing and signed by the grantor, who must be of full age and sound mind. Deeds may be acknowledged before a notary public (with official seal) or other listed officer. Illinois imposes a state real estate transfer tax of 50 cents per $500 of value, based on the transfer declaration that must be filed with the transfer.

Question 13

What are the requirements for a power of attorney in Illinois?

Accepted Answer

Illinois has a Statutory Short Form Power of Attorney for Property. It must be signed by the principal, signed by at least one witness, and acknowledged before a notary public (the notary cannot also be the witness). Certain people, such as the agent and the agent's relatives, cannot witness. A power of attorney continues through the principal's incapacity until death unless it states an earlier end date.

Question 14

What are the requirements for a health care directive in Illinois?

Accepted Answer

Health care power of attorney: Illinois has a statutory short form. It must be signed by the principal and one qualified witness; it does not need to be notarized. A non-statutory health care power need not be witnessed. Living will: a person of sound mind who is an adult (or emancipated) may sign a declaration refusing death-delaying procedures for a terminal condition; it must be signed and witnessed by two people age 18 or older.

Question 15

Does Illinois have an estate or inheritance tax?

Accepted Answer

Illinois has a state estate tax. For deaths on or after January 1, 2013, the exclusion amount is $4,000,000.

Question 16

How do I make a living will in Illinois?

Accepted Answer

Under the Illinois Living Will Act, an adult (or emancipated person) of sound mind may sign a declaration directing that death-delaying procedures not be used if they have a terminal condition. It must be signed by the declarant (or by another at their direction) and witnessed by two individuals 18 or older. The declaration has no effect during a pregnancy if the fetus could develop to live birth with continued treatment. The declarant is responsible for telling the attending physician about it and providing a copy. The Act includes a suggested form.

Question 17

How do I make a medical power of attorney in Illinois?

Accepted Answer

Illinois uses a "power of attorney for health care," and the Illinois Power of Attorney Act provides a Statutory Short Form Power of Attorney for Health Care. The statutory form must be signed by the principal and one qualified adult witness; notarization is not required. The agent can make health care decisions, including end-of-life decisions, as the form directs.

Question 18

How do living trusts work in Illinois?

Accepted Answer

Illinois adopted the Illinois Trust Code (based on the Uniform Trust Code), effective January 1, 2020. Unlike the uniform default, in Illinois a settlor may revoke a trust only if the trust instrument expressly says it is revocable or gives the settlor an unrestricted power to amend; a trust is amendable only if it expressly says so. A revocable trust may be revoked or amended by substantially following the method in the trust or, if none is exclusive, by a later signed written instrument as the statute provides. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate.

Question 19

What does an executor have to do in Illinois?

Accepted Answer

The representative must publish notice to creditors once a week for three successive weeks in a newspaper in the county and mail or deliver it to known or reasonably ascertainable creditors; the claim deadline must be at least six months after first publication or three months after mailing, whichever is later. Within 60 days after letters are issued, the representative files a verified inventory of the real and personal estate (with supplemental inventories within 60 days of finding more property). A supervised representative presents a verified account within 60 days after 12 months from letters and as the court requires (all interested persons may consent to excuse it). An independent representative closes by mailing an accounting to interested persons and filing a verified closing report.

Question 20

How do I get letters testamentary in Illinois?

Accepted Answer

Illinois courts issue "letters of office": letters testamentary to an executor named in a will, or letters of administration when there is no will. A person who learns they are named executor must file the will for probate or decline within 30 days. The petition is filed in the circuit court of the county where the decedent lived; the representative takes an oath and files a court-approved bond unless the will excuses it (the court may still require bond from a nonresident). The court ascertains heirship as part of the case, and the representative may be granted independent administration with less court supervision.

Question 21

Does Illinois have an affidavit of heirship?

Accepted Answer

Yes, as part of a court case. The probate court may ascertain and declare a decedent's heirship and enter it of record, during administration or, if there is no administration, on notice as the court directs. Heirship may be proved by a sworn affidavit of any person stating the facts from which heirship can be determined (signed before a notary or other authorized official), or by written testimony certified by the court. The court's order declaring heirship is then used for title to real estate.

Question 22

How can you avoid probate in Illinois?

Accepted Answer

Non-probate options in Illinois include: transfer on death instruments for real estate, witnessed by two credible witnesses, notarized and recorded before death (755 ILCS 27/40, 27/45); payable-on-death accounts (205 ILCS 625/4); transfer-on-death registration of securities; a single transfer-on-death beneficiary on a vehicle title for a sole individual owner with no lien (92 Ill. Adm. Code 1010.150); joint tenancy; property in a funded trust that is expressly revocable (760 ILCS 3/602); the small estate affidavit for personal estates up to $150,000 for deaths on or after August 15, 2025 (755 ILCS 5/25-1); and summary administration for estates up to $100,000 (755 ILCS 5/9-8).

Question 23

Where can I get a power of attorney form in Illinois?

Accepted Answer

Illinois has statutory forms under the Illinois Power of Attorney Act (755 ILCS 45): a Power of Attorney for Property (financial decisions) and a Power of Attorney for Health Care. The Illinois Department on Aging also lists a Living Will Declaration (755 ILCS 35), a Declaration for Mental Health Treatment (755 ILCS 43) and the POLST form (755 ILCS 40); free copies are available from the Department on Aging Senior HelpLine (1-800-252-8966), the Illinois Guardianship and Advocacy Commission and the Department of Public Health (also in Spanish). The Department of Public Health advises having someone who is not your agent witness your signing of a health care power of attorney (your agent cannot be your health care provider), and a living will must be witnessed by two people, not including your health care professional.

Question 24

How do I transfer a car title after someone dies in Illinois?

Accepted Answer

Through the Illinois Secretary of State, Vehicle Services Department. If the estate is probated: a certified copy of the letters, the decedent's title assigned by the representative, a title application signed by the transferee, the $3 title fee, registration fees and proof of vehicle use tax compliance or exemption. Without probate: a Small Estate Affidavit describing the vehicle (year, make, VIN) with a copy of the death certificate (and a certified copy of the will if there was one), or an Attorney's Affidavit on letterhead with the death certificate, plus the surrendered title, application and fees. A surviving joint tenant submits the death certificate and original title for a corrected title. A beneficiary named on the title applies for title after the owner's death.

Requirements for a valid will	Anyone 18 or older who is of sound mind and memory may make a will. The will must be in writing, signed by the will-maker (or by someone in their presence and at their direction), and attested in the will-maker's presence by two or more credible witnesses. Source: 755 ILCS 5/4-1, 5/4-3
Handwritten (holographic) wills	No. Illinois has no exception for handwritten wills: every will must be attested by at least two credible witnesses, so an unwitnessed handwritten will is not valid as a will. Source: 755 ILCS 5/4-3
Self-proving affidavit	Illinois does not use a notarized self-proving affidavit. Instead, a will can be proved without witness testimony through an attestation clause signed by the two witnesses, or a witness affidavit signed at or after signing and attached to the will, stating that they saw the will-maker sign (or heard them acknowledge it), signed in the will-maker's presence, and believed the will-maker to be of sound mind and memory. Source: 755 ILCS 5/6-4

Probate steps	Probate is filed in the circuit court of the county where the decedent lived (or, for nonresidents, where most of the real estate or personal property is). A person who learns they are named executor must file the will for probate or decline to act within 30 days. Main steps: petition for probate and letters of office; oath and bond; letters issued; publish notice to creditors once a week for 3 weeks and mail notice to known creditors; file a verified inventory within 60 days after letters are issued; pay claims and expenses; and account and distribute before the estate is closed. Source: 755 ILCS 5/5-1, 5/6-3, 5/12-2, 5/14-1, 5/18-3
Simplified probate	Summary administration: if the gross value of the decedent's real and personal estate in Illinois is $100,000 or less, all heirs and beneficiaries consent in writing, debts and taxes are listed or paid, and each distributee posts a refunding bond, the court can order distribution on summary administration without a full probate. Illinois also allows independent administration (with less court supervision) in regular probate. Source: 755 ILCS 5/9-8
Small estate affidavit	A small estate affidavit can be used to collect personal property when no letters of office are outstanding or planned anywhere and the decedent's personal estate passing by will or intestacy is worth $150,000 or less, not counting motor vehicles registered with the Secretary of State (registered vehicles can also be transferred with it). It covers money, bank accounts, safe deposit boxes, stocks and other personal property; it cannot transfer real estate. The affidavit must list each asset and its value, the debts, and the heirs or beneficiaries, and a death certificate must be attached. The $150,000 limit applies to deaths on or after August 15, 2025 (Public Act 104-346); the earlier limit was $100,000. A further amendment effective January 1, 2027 (Public Act 104-624) narrows which vehicles are left out of the value (for example, motor homes and commercial vehicles will count). Source: 755 ILCS 5/25-1
Deadline for creditor claims	The published and mailed notice sets a claim deadline that must be at least 6 months after the first publication, or 3 months after mailing or delivery to a known creditor, whichever is later. Claims not filed by that date are barred. In any event, claims are barred 2 years after the decedent's death, whether or not probate is opened. Source: 755 ILCS 5/18-3, 5/18-12
Who can be executor	An executor must be 18 or older, a U.S. resident, of sound mind, not adjudged a person with a disability, not in state or federal prison, and generally not convicted of a felony (a person with a felony conviction may serve if the will names them and expressly acknowledges the conviction, with some exceptions such as financial exploitation of an elderly or disabled person). A nonresident executor may serve, but the court may require a bond even if the will waives it. Representatives take an oath and file a court-approved bond unless the will excuses it. The felony exception rules were amended effective January 1, 2026 (Public Act 104-123). Source: 755 ILCS 5/6-13, 5/12-2

Financial power of attorney	Illinois has a Statutory Short Form Power of Attorney for Property. It must be signed by the principal, signed by at least one witness, and acknowledged before a notary public (the notary cannot also be the witness). Certain people, such as the agent and the agent's relatives, cannot witness. A power of attorney continues through the principal's incapacity until death unless it states an earlier end date. Source: 755 ILCS 45/3-3, 45/2-5
Health care directive	Health care power of attorney: Illinois has a statutory short form. It must be signed by the principal and one qualified witness; it does not need to be notarized. A non-statutory health care power need not be witnessed. Living will: a person of sound mind who is an adult (or emancipated) may sign a declaration refusing death-delaying procedures for a terminal condition; it must be signed and witnessed by two people age 18 or older. Source: 755 ILCS 45/4-10; 755 ILCS 35/3
Official power of attorney forms	Illinois has statutory forms under the Illinois Power of Attorney Act (755 ILCS 45): a Power of Attorney for Property (financial decisions) and a Power of Attorney for Health Care. The Illinois Department on Aging also lists a Living Will Declaration (755 ILCS 35), a Declaration for Mental Health Treatment (755 ILCS 43) and the POLST form (755 ILCS 40); free copies are available from the Department on Aging Senior HelpLine (1-800-252-8966), the Illinois Guardianship and Advocacy Commission and the Department of Public Health (also in Spanish). The Department of Public Health advises having someone who is not your agent witness your signing of a health care power of attorney (your agent cannot be your health care provider), and a living will must be witnessed by two people, not including your health care professional. IDPH: https://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives.html Source: 755 ILCS 45; Illinois Department on Aging, Legal Forms - Advance Directives; Illinois Department of Public Health, Advance Directives

Living will / advance directive	Under the Illinois Living Will Act, an adult (or emancipated person) of sound mind may sign a declaration directing that death-delaying procedures not be used if they have a terminal condition. It must be signed by the declarant (or by another at their direction) and witnessed by two individuals 18 or older. The declaration has no effect during a pregnancy if the fetus could develop to live birth with continued treatment. The declarant is responsible for telling the attending physician about it and providing a copy. The Act includes a suggested form. Source: 755 ILCS 35/3
Medical power of attorney	Illinois uses a "power of attorney for health care," and the Illinois Power of Attorney Act provides a Statutory Short Form Power of Attorney for Health Care. The statutory form must be signed by the principal and one qualified adult witness; notarization is not required. The agent can make health care decisions, including end-of-life decisions, as the form directs. Source: 755 ILCS 45/4-10
Revocable living trust	Illinois adopted the Illinois Trust Code (based on the Uniform Trust Code), effective January 1, 2020. Unlike the uniform default, in Illinois a settlor may revoke a trust only if the trust instrument expressly says it is revocable or gives the settlor an unrestricted power to amend; a trust is amendable only if it expressly says so. A revocable trust may be revoked or amended by substantially following the method in the trust or, if none is exclusive, by a later signed written instrument as the statute provides. Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate. Source: 760 ILCS 3/101, 3/602
Ways to avoid probate	Non-probate options in Illinois include: transfer on death instruments for real estate, witnessed by two credible witnesses, notarized and recorded before death (755 ILCS 27/40, 27/45); payable-on-death accounts (205 ILCS 625/4); transfer-on-death registration of securities; a single transfer-on-death beneficiary on a vehicle title for a sole individual owner with no lien (92 Ill. Adm. Code 1010.150); joint tenancy; property in a funded trust that is expressly revocable (760 ILCS 3/602); the small estate affidavit for personal estates up to $150,000 for deaths on or after August 15, 2025 (755 ILCS 5/25-1); and summary administration for estates up to $100,000 (755 ILCS 5/9-8). Source: 755 ILCS 27/45, 5/25-1, 5/9-8; 205 ILCS 625/4; 760 ILCS 3/602; 92 Ill. Adm. Code 1010.150

Executor's duties	The representative must publish notice to creditors once a week for three successive weeks in a newspaper in the county and mail or deliver it to known or reasonably ascertainable creditors; the claim deadline must be at least six months after first publication or three months after mailing, whichever is later. Within 60 days after letters are issued, the representative files a verified inventory of the real and personal estate (with supplemental inventories within 60 days of finding more property). A supervised representative presents a verified account within 60 days after 12 months from letters and as the court requires (all interested persons may consent to excuse it). An independent representative closes by mailing an accounting to interested persons and filing a verified closing report. Source: 755 ILCS 5/14-1, 5/18-3, 5/24-1, 5/28-11
Letters testamentary	Illinois courts issue "letters of office": letters testamentary to an executor named in a will, or letters of administration when there is no will. A person who learns they are named executor must file the will for probate or decline within 30 days. The petition is filed in the circuit court of the county where the decedent lived; the representative takes an oath and files a court-approved bond unless the will excuses it (the court may still require bond from a nonresident). The court ascertains heirship as part of the case, and the representative may be granted independent administration with less court supervision. Source: 755 ILCS 5/6-3, 5/12-2, 5/5-3
Affidavit / determination of heirship	Yes, as part of a court case. The probate court may ascertain and declare a decedent's heirship and enter it of record, during administration or, if there is no administration, on notice as the court directs. Heirship may be proved by a sworn affidavit of any person stating the facts from which heirship can be determined (signed before a notary or other authorized official), or by written testimony certified by the court. The court's order declaring heirship is then used for title to real estate. Source: 755 ILCS 5/5-3
Transferring a car after death	Through the Illinois Secretary of State, Vehicle Services Department. If the estate is probated: a certified copy of the letters, the decedent's title assigned by the representative, a title application signed by the transferee, the $3 title fee, registration fees and proof of vehicle use tax compliance or exemption. Without probate: a Small Estate Affidavit describing the vehicle (year, make, VIN) with a copy of the death certificate (and a certified copy of the will if there was one), or an Attorney's Affidavit on letterhead with the death certificate, plus the surrendered title, application and fees. A surviving joint tenant submits the death certificate and original title for a corrected title. A beneficiary named on the title applies for title after the owner's death. Source: 92 Ill. Adm. Code 1010.150; 755 ILCS 5/25-1

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