Last Will and Testament in Illinois
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Illinois law says
| 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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| 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 |
| 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 |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Illinois tenant rights
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.