How to Make a Valid Will in Illinois
What Illinois law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short 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. 755 ILCS 5/4-1, 5/4-3
| 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 |
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| 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 |
More Illinois estate law
- Medical Power of Attorney in Illinois
- Small Estate Affidavit in Illinois
- Power of Attorney in Illinois
- Quitclaim Deeds and Transferring Property in Illinois
- Who Inherits If You Die Without a Will in Illinois
- How Probate Works in Illinois
- Living Wills and Advance Directives in Illinois
- Revocable Living Trusts in Illinois
- Executor Duties in Illinois
- Letters Testamentary in Illinois
- Affidavit of Heirship in Illinois
- How to Avoid Probate in Illinois
- Transferring a Car After Someone Dies in Illinois
- All Illinois wills, probate and estate rules
FAQ
What makes a will valid in Illinois?
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.
Is a handwritten will valid in Illinois?
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.
Does a will need to be notarized in Illinois?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.