How to Make a Valid Will in Illinois

Who Can Make a Will in Illinois?

You must be at least 18 years old to make a will in Illinois. No statutory exceptions for minors. The testator must be of sound mind and memory (755 ILCS 5/4-1)

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's direction.

Witness Requirements in Illinois

Illinois requires 2 witnesses. Must be credible witnesses. The testator must sign or acknowledge the will in the presence of two or more credible witnesses, who shall attest the will in the testator's presence (755 ILCS 5/4-3).

Interested witnesses: An interested witness does not invalidate the will. Illinois abolished the interested witness penalty

Notarization in Illinois

Notarization is not required for a will to be valid in Illinois. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Illinois allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (755 ILCS 5/6-4)

Handwritten (Holographic) Wills

Illinois does not recognize holographic wills. Holographic wills are not recognized in Illinois

Electronic Wills

Illinois recognizes electronic wills. Illinois enacted the Electronic Wills Act effective January 1, 2022 (755 ILCS 6/). Electronic wills must be in an electronic record, electronically signed by the testator, and witnessed by two persons. Remote witnessing is permitted via audio-video communication

How to Revoke a Will in Illinois

In Illinois, a will can be revoked by:

• •Executing a subsequent will or codicil
• •Physical destruction (burning, tearing, canceling, obliterating) by the testator or at the testator's direction and in the testator's presence

755 ILCS 5/4-7

Special Provisions in Illinois

Illinois is a separate property/common law state. Surviving spouse has an elective share of one-third of the estate if surviving descendants, or one-half if no surviving descendants (755 ILCS 5/2-8). Illinois has a state estate tax with a $4 million exemption

Relevant Illinois Statutes

• 755 ILCS 5/4-1 (Who may make a will)
• 755 ILCS 5/4-3 (Execution of wills)
• 755 ILCS 5/4-7 (Revocation)
• 755 ILCS 5/6-4 (Self-proved wills)
• 755 ILCS 6/ (Electronic Wills Act)
• 755 ILCS 5/2-8 (Elective share)