How to Make a Valid Will in Illinois

Illinois in depth

Illinois is a strict-compliance state: its Probate Act of 1975 spells out exactly how a will must be signed and witnessed, and — unlike California — there is no harmless-error rule to rescue a will that was executed incorrectly. A signing that misses a formality is simply not a valid will, no matter how clear your intent.

The statute facts above give you the rules. This section covers where Illinois wills actually go wrong, the one area where Illinois is ahead of most states (electronic wills and remote witnessing), and the spousal protection you cannot draft around.

Five ways an Illinois will goes wrong

Most Illinois wills that fail, fail on how they were signed — not on what they say. Illinois gives no second chances on execution, so these mistakes are usually fatal.

1. 1

   Assuming a handwritten note counts as a will

   Illinois does not recognize holographic (handwritten, unwitnessed) wills at all. Every will must be in writing and "attested in the presence of the testator by 2 or more credible witnesses" (755 ILCS 5/4-3). A heartfelt letter in a drawer, however clearly it states your wishes, is not a valid Illinois will. There is no military or mariner exception here either — everyone needs the two witnesses.

2. 2

   Using a beneficiary as one of your witnesses

   A gift to someone who also witnesses your will is void as to that person unless the will is otherwise proved by enough other credible witnesses (755 ILCS 5/4-6). The will itself survives — but the interested witness is cut down to what they would have received if the will had never existed (their intestate share), and no more than the value of the gift. Keep your two witnesses neutral parties who inherit nothing.

3. 3

   Counting on a notary to make the will valid

   Notarization does not make an Illinois will valid — two credible witnesses do (755 ILCS 5/4-3). A carefully notarized will signed by fewer than two qualifying witnesses is not validly executed. The notary's real job comes later: notarizing the witnesses' affidavit so the will can be admitted to probate without tracking them down (755 ILCS 5/6-4). Get the two witnesses first; the notary supports the affidavit, not the signing.

4. 4

   Expecting a court to fix a botched signing

   Illinois has no harmless-error or "dispensing power" statute. Where California lets a judge admit a defectively witnessed will on clear-and-convincing proof of intent, Illinois does not. If the 755 ILCS 5/4-3 formalities are missed, the will fails and the estate passes by intestacy. There is no courtroom rescue — which is exactly why the signing has to be done right the first time.

5. 5

   Never updating the will after a divorce or new marriage

   A divorce (dissolution of marriage) automatically revokes every gift, interest, and fiduciary appointment to your former spouse — the law treats them as if they died before you (755 ILCS 5/4-7(b)). Marriage after signing does the opposite: it does not revoke the will, so a spouse you married later can be left with nothing on the will's face and must invoke the renunciation right to claim a share. Revisit the will after any marriage, divorce, or new child.

You can't fully disinherit a spouse in Illinois

Illinois is not a community-property state, and it has no New York-style fixed elective share. Instead, a surviving spouse who is left out or shortchanged can renounce the will and take a statutory share against it: one-third of the entire estate if you leave a descendant, or one-half if you leave no descendant (755 ILCS 5/2-8). The renunciation must be filed in writing with the probate court, generally within 7 months after the will is admitted.

On top of that, the surviving spouse is entitled to a spouse's award — a sum for nine months' support that is set at a statutory minimum of $20,000, plus $10,000 for each minor child living with the spouse (755 ILCS 5/15-1). If part of your plan depends on leaving a spouse less than these amounts, build the renunciation share into the plan rather than ignoring it; the court applies that math regardless of what the will says.

The child you had — or the spouse you married — after signing

If a child is born or adopted after you sign your will and you neither provide for them nor show an intent to disinherit them, that child takes the share they would have received if you had died with no will at all, and the other gifts abate proportionately to fund it (755 ILCS 5/4-10). It is an easy omission to make and an expensive one to litigate.

A spouse you marry after signing is protected differently. Marriage does not revoke an Illinois will, and Illinois has no separate "omitted spouse" statute — so a later spouse who is left out relies on the renunciation right (755 ILCS 5/2-8) to claim their one-third or one-half. The safe move is the same in both cases: update the will after any marriage, divorce, birth, or adoption.

Illinois is ahead on electronic wills and remote witnessing

Illinois is one of the states that has actually adopted electronic wills. The Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act (755 ILCS 6/) took effect July 26, 2021 and was broadened effective January 1, 2024. An electronic will can be signed with the testator's electronic signature (or by another at their direction) and attested by two or more credible witnesses who sign electronically in the testator's presence (755 ILCS 6/5-5).

Those witnesses can appear remotely. A remote witness attesting over audio-video technology satisfies the "presence" requirement if the statutory conditions are met — including that the witnesses are located in the United States at the time and verify the testator's identity, with signature pages assembled within the deadline the Act sets (755 ILCS 6/15-10). This is a genuine differentiator, but it is a formal legal process — not the same as emailing a signed PDF around, which on its own is not a valid will.

Making an Illinois will self-proving

Illinois does not require a notary for a will to be valid, but you should still make the will self-proving so it can be admitted to probate without producing your witnesses years later. A will is proved by the witnesses' statements, which may be a live court appearance, an attestation clause signed by the witness, or an affidavit signed by the witness at or after the time of attestation and attached to the will (755 ILCS 5/6-4).

The affidavit route is where the notary earns its place: the witnesses swear the affidavit before a notary, and the will can then be admitted without live testimony. Execute that affidavit the same day you sign the will — it is far harder to arrange after the fact, and without it the court may have to locate your witnesses to testify in person.

Where an Illinois will is proved: the Circuit Court

Illinois has no separate probate court. Wills are admitted to probate in the Circuit Court of the county where the decedent had a known place of residence at death (755 ILCS 5/5-1); in Cook County that work is handled by the Circuit Court's Probate Division. If the decedent lived outside Illinois but owned property here, venue falls to the county holding the bulk of the real or personal estate.

This is the court that decides whether your will was validly executed — which is exactly why the two-witness formalities and the self-proving affidavit carry so much weight. A clean signing, with a 755 ILCS 5/6-4 affidavit attached, is what keeps an Illinois probate uncontested and moving.

Common questions about Illinois wills

Sources

• 755 ILCS 5/4-1 — Capacity of testator (age 18, sound mind)
• 755 ILCS 5/4-3 — Signing and attestation of wills
• 755 ILCS 5/4-6 — Interested witness
• 755 ILCS 5/4-7 — Revocation and effect of dissolution of marriage
• 755 ILCS 5/4-10 — Child born after will (after-born child's share)
• 755 ILCS 5/2-8 — Renunciation of will by spouse (1/3 or 1/2 share)
• 755 ILCS 5/15-1 — Surviving spouse's award
• 755 ILCS 5/6-4 — Proof of will by attestation clause or affidavit
• 755 ILCS 5/5-1 — Place of probate (Circuit Court, county of residence)
• 755 ILCS 6/5-5 — Execution of an electronic will
• 755 ILCS 6/15-10 — Remote attestation for a will (audio-video)
• Illinois Legal Aid Online — Wills for estate planning (FAQ)
• Illinois Courts — Self-Help

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)