How to Create a Will in Illinois
What Is a Will in Illinois?
A legal document that outlines how you want your assets distributed and your affairs handled after you pass away.
In Illinois, this document is officially known as a Last Will and Testament and is governed by 755 ILCS 5/4-3 (Illinois Probate Act).
Illinois Requirements
| Requirement | Details |
|---|---|
| Minimum Age | 18 years old |
| Witnesses Required | 2 — Two credible witnesses must attest to the testator's signature. The witnesses must be present when the testator signs or acknowledges the will. Witnesses do not need to sign in each other's presence. |
| Notarization | Not required — Notarization is not required for the will itself. However, a notarized self-proving affidavit is recommended to simplify the probate process. |
| Self-Proving Affidavit | Available — A self-proving affidavit under 755 ILCS 5/6-4 can be attached to the will. The testator and witnesses sign a sworn statement before a notary, eliminating the need for witnesses to testify in probate court. |
| Holographic (Handwritten) | Not allowed — Illinois does not recognize holographic (handwritten, unwitnessed) wills. All wills must be signed by the testator and attested by two witnesses. |
| Governing Statute | 755 ILCS 5/4-3 (Illinois Probate Act) |
How to Create a Will in Illinois: Step by Step
- 1
Inventory your assets and beneficiaries
List all your assets — real estate, bank accounts, investments, retirement accounts, and personal property. Decide who should receive each asset and in what proportions.
- 2
Choose your executor (personal representative)
Select a trusted person to carry out your wishes and manage the probate process. Illinois calls this person the 'executor' or 'independent representative.' They must be at least 18 and of sound mind.
- 3
Name guardians for minor children
If you have children under 18, designate both a guardian of the person (who raises them) and a guardian of the estate (who manages their assets). These can be the same or different people.
- 4
Draft your will
Include your full legal name, a declaration that this is your will, a revocation of all prior wills, and specific instructions for distribution of your assets. Consider addressing the Illinois estate tax if your estate may exceed $4 million.
- 5
Sign in front of two witnesses
Sign your will in the presence of two credible witnesses who are at least 18 years old. Witnesses should not be beneficiaries under the will.
- 6
Attach a self-proving affidavit
Have the testator and both witnesses sign a self-proving affidavit before a notary public. This allows the will to be admitted to probate without requiring the witnesses to appear in court.
- 7
Store your will safely
Keep the original in a fireproof safe or other secure location. Inform your executor of its location. You may also store it with your attorney or in a safe deposit box, though consider accessibility issues with the latter.
Will Costs in Illinois
What you can expect to pay for a will in Illinois, depending on how you create it.
Common Mistakes When Creating a Will in Illinois
Not planning for the Illinois estate tax
Illinois has a state estate tax with a $4 million exemption — significantly lower than the federal exemption. If your estate is near or above this threshold, failing to plan can result in a substantial state tax bill that could have been minimized or avoided.
Using beneficiaries as witnesses
While Illinois law does not automatically invalidate a will witnessed by a beneficiary, it can create a presumption of undue influence and lead to costly legal challenges. Always use disinterested witnesses.
Failing to update after major life events
Marriage, divorce, birth of a child, or significant changes in assets should prompt a review of your will. Illinois law may alter the effect of your will automatically in some circumstances — for example, a divorce revokes provisions in favor of an ex-spouse.
Illinois-Specific Considerations
- •Illinois has a state estate tax with a $4 million exemption (as of 2024). Estates above this threshold are taxed at rates up to 16%. This is significantly lower than the federal exemption, so many Illinois residents face state estate tax even when no federal tax is owed.
- •Illinois is not a community property state. It follows equitable distribution principles, and the surviving spouse has a right of election to take a share of the estate (typically one-third if there are descendants, or one-half if there are none).
- •Independent administration is available in Illinois and allows the executor to manage the estate without ongoing court supervision, which significantly reduces probate costs and delays.
- •The small estate threshold in Illinois is $100,000 for personal property. Estates below this amount can use a small estate affidavit to transfer assets without full probate.
Create Your Will for Illinois
Use our guided will generator to create a legally valid will tailored to your state's requirements.
Create Your WillFrequently Asked Questions About Will in Illinois
- Do I need a lawyer to make a will in Illinois?
- No. Illinois law does not require an attorney. However, given the state estate tax complexities and the need for proper execution, consulting an attorney is recommended, especially for estates approaching the $4 million exemption.
- Can I disinherit my spouse in Illinois?
- Not entirely. A surviving spouse has a right of election (755 ILCS 5/2-8) to take a statutory share — typically one-third of the estate if there are descendants, or one-half if there are none. This right can be waived through a valid prenuptial or postnuptial agreement.
- What happens if I die without a will in Illinois?
- Your estate will be distributed under Illinois intestacy laws (755 ILCS 5/2-1). If you have a surviving spouse and descendants, the spouse receives one-half. If you have a spouse but no descendants, the spouse inherits everything. The specific distribution depends on surviving relatives.
- Is a handwritten will valid in Illinois?
- No. Illinois does not recognize holographic (handwritten, unwitnessed) wills. Your will must be in writing, signed by you, and attested by two credible witnesses to be valid.