In Illinois, a valid will must be in writing, signed by someone 18 or older who is of sound mind, and signed in the testator's presence by two credible witnesses. Illinois does not recognize a purely handwritten, unwitnessed will, so skipping the witness step can void the entire document.
That last rule trips people up, especially if they've seen how other states handle handwritten wills. Illinois takes a stricter line, and getting the witness step wrong is one of the most common ways to end up with an invalid will. This guide breaks down what Illinois law requires and the steps to do it correctly.
For a broader view of planning in the state, see our full Illinois estate planning guide.
Illinois's Legal Requirements for a Will
Illinois's requirements come from the Probate Act of 1975. Here's what governs a valid will in the state.
Who Can Make a Will in Illinois
Under 755 ILCS 5/4-1, you must have attained 18 years of age and be of sound mind and memory to make a valid will. If you've been adjudicated disabled and a guardian has been appointed, a will you sign afterward is presumed void unless you can show, with clear and convincing evidence, that you had capacity at the time you signed it.
Signing and Witness Rules
Under 755 ILCS 5/4-3, every Illinois will must be in writing, signed by the testator (or by someone else in the testator's presence and at their direction), and attested in the testator's presence by two or more credible witnesses. Witnesses should ideally be disinterested, meaning they don't inherit anything under the will. Illinois law doesn't automatically void a will if a beneficiary signs as a witness, but that witness's own gift can be voided unless there are at least two other, disinterested witnesses backing up the signing.
Handwritten (Holographic) Wills in Illinois
Illinois does not recognize purely holographic wills, meaning a will that is handwritten but unwitnessed is not valid under Illinois law. A handwritten document only works as a valid Illinois will if it meets the same requirements as any other will: signed by you and attested by two credible witnesses. Writing your wishes on paper by hand and tucking them in a drawer without witnesses is one of the more common ways an Illinois estate ends up in intestacy by accident. Our guide on the risks of a handwritten will covers this in more detail.
Does an Illinois Will Need to Be Notarized?
No, notarization isn't required for a will itself to be valid. Under 755 ILCS 5/6-4, a will can be proved through witness testimony, a signed attestation clause attached to the will, or an affidavit from a witness. Illinois allows a properly worded attestation clause to help prove the will without a notary involved at all, though many attorneys still recommend a notarized self-proving affidavit as an added layer of certainty for probate. See our guide to self-proving wills for how that works.
How to Make a Will in Illinois, Step by Step
Because Illinois takes witnesses seriously, it's worth lining everything up before signing day. Here's the order that works well.
- Inventory your assets and debts. Real estate, accounts, vehicles, and anything of real value.
- Decide who inherits what, whether through specific gifts, percentages, or a mix of both.
- Choose an executor, and a backup, to manage your estate after you're gone.
- Name a guardian for minor children, if applicable, and confirm that person is willing to serve.
- Add a residuary clause so property you didn't specifically mention still has a clear destination.
- Draft the will, stating clearly that it's your will and that it revokes any earlier ones.
- Line up two credible, disinterested witnesses who can be present together when you sign.
- Sign in front of both witnesses, and have them sign in your presence as well.
- Store the original in a safe, accessible place and tell your executor exactly where it is.
Mistakes That Can Invalidate an Illinois Will
- Writing out your wishes by hand and never having anyone witness the signing.
- Using a beneficiary as one of only two witnesses, which can cost that person their inheritance.
- Signing the will without both witnesses physically present with you.
- Skipping a residuary clause, which leaves newly acquired assets without a clear plan.
- Letting years pass without revisiting the will after a marriage, divorce, or new child.
Preguntas frecuentes
Do I need witnesses for my Illinois will?
Yes. Illinois requires two credible witnesses who watch you sign, or acknowledge your signature, and sign the will themselves in your presence. Without them, the will is not valid, regardless of how clear your intentions were on paper.
Is a handwritten will valid in Illinois?
Only if it's properly witnessed. A handwritten document that skips the witness requirement is not a valid will in Illinois, unlike states that recognize purely holographic wills.
Do I need a lawyer to make a will in Illinois?
Not for a straightforward estate. Illinois law doesn't require an attorney to draft or witness a will. If you own a business, hold property in more than one state, or have a complicated family situation, consider speaking with an attorney to make sure the details hold up.
What happens if I die without a will in Illinois?
Your estate passes under Illinois's intestacy laws, which follow a fixed order of relatives regardless of your actual wishes, and your property typically goes through the probate process as a result.
How do I revoke or update an Illinois will?
You can revoke a will by physically destroying it or by signing a new one that states it replaces earlier versions. A signed, witnessed codicil can handle small changes, but a new document is usually the cleaner option for anything significant.
Illinois's witness rule is unforgiving, which is exactly where a lot of DIY wills quietly fail without anyone realizing it until probate. FastWill's guided Paquete de Testamento walks you through the signing and witnessing steps Illinois actually requires, so your will is valid the day you sign it, not just the day you meant it to be.
