Illinois Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property and names the person who will administer your estate after you die. It can also name a guardian for minor children.

2. 2

   Illinois requires 2 or more credible witnesses. Under 755 ILCS 5/4-3, the testator signs (or acknowledges the signature) and 2 or more credible witnesses must attest in the testator's presence. A beneficiary who witnesses the will can lose the gift above their intestate share under 755 ILCS 5/4-6's interested-witness purging rule, unless the will is otherwise duly attested by enough disinterested witnesses.

3. 3

   Illinois recognizes a witness affidavit, but it does not require a notary. Under 755 ILCS 5/6-4(b), execution can be proved by an affidavit signed by a witness at or after attestation that forms part of the will. This is not the notarized self-proving affidavit used in many other states; no notary is involved.

4. 4

   Illinois does not recognize holographic wills. Every Illinois will must be attested by 2 or more credible witnesses under 755 ILCS 5/4-3. An unwitnessed handwritten will is not valid here, no matter how clearly it states the testator's wishes.

5. 5

   The will itself does not need a notary. Illinois law requires witness attestation, not notarization, to execute a valid will (755 ILCS 5/4-3). A notary is not part of the standard Illinois execution process, including for the witness affidavit described above.

6. 6

   You must be 18 and of sound mind and memory. Under 755 ILCS 5/4-1, a person who has attained age 18 and is of sound mind and memory has the power to make a will disposing of real and personal property.

7. 7

   You can revoke a will several ways. Under 755 ILCS 5/4-7, a will can be revoked by burning, cancelling, tearing, or obliterating it; by a later will that declares the revocation; by a later will inconsistent with the prior one; or by a signed and attested revocation instrument. A judgment of divorce also revokes gifts and appointments to a former spouse under 4-7(b).

Illinois Requirements for Last Will and Testament

• Two Credible Witnesses Required

  An Illinois will must be signed by the testator and attested in the testator's presence by 2 or more credible witnesses, under 755 ILCS 5/4-3. Fewer than 2 attesting witnesses makes the will invalid.

• Avoid Interested Witnesses

  Under 755 ILCS 5/4-6, if a beneficiary (or their spouse) also signs as a witness, that beneficiary's gift is void as to the amount exceeding what they would receive under intestacy, unless the will is otherwise duly attested by enough disinterested witnesses. Choose witnesses who are not beneficiaries.

• Witness Affidavit Available, No Notary Required

  Illinois allows a witness affidavit under 755 ILCS 5/6-4(b), signed by a witness at or after attestation, that forms part of the will and can help prove it in probate. Unlike the notarized self-proving affidavits used in many other states, this Illinois affidavit is witness-signed and does not require a notary.

• No Holographic Wills Recognized

  Illinois has no statute recognizing holographic (handwritten, unwitnessed) wills. Under 755 ILCS 5/4-3, every will, handwritten or typed, must be attested by 2 or more credible witnesses in the testator's presence.

• No Notary Required for the Will Itself

  755 ILCS 5/4-3 requires witness attestation to execute a valid Illinois will and contains no notarization requirement. A notary is not part of the standard execution process for the will or its optional witness affidavit.

• Minimum Age and Sound Mind and Memory

  Under 755 ILCS 5/4-1, a testator must have attained age 18 and be of sound mind and memory to make a valid will disposing of real and personal property.

• Revocation Methods

  Under 755 ILCS 5/4-7, a will can be revoked by burning, cancelling, tearing, or obliterating it; by a later will declaring the revocation; by a later, inconsistent will; or by a signed and attested revocation instrument. A judgment of divorce also revokes gifts and fiduciary nominations to a former spouse under 4-7(b).

• Name an Executor (Personal Representative)

  An Illinois will should name an executor (personal representative) to administer the estate, and ideally a successor executor in case the first choice cannot serve. The Illinois Probate Act of 1975 (755 ILCS 5/Art. IV) governs will execution and estate administration.