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Illinois Last Will and Testament

An Illinois will needs 2 credible witnesses, not a notary, to be valid. Make a free last will and testament template online now. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called the executor or personal representative, who will carry out those instructions. It can also name a guardian for minor children. In Illinois, a will is valid under 755 ILCS 5/4-3 if it is in writing, signed by the testator (the person making the will), and attested in the testator's presence by 2 or more credible witnesses. Illinois does not require a notary to make the will itself valid. What Illinois does allow, distinct from many other states, is a witness affidavit under 755 ILCS 5/6-4(b) that forms part of the will and can help prove it in probate without live witness testimony, and this affidavit does not need to be sworn before a notary either; it is simply signed by the witnesses. Illinois does not recognize a holographic (handwritten, unwitnessed) will; every will needs the 2 attesting witnesses regardless of whether it is typed or handwritten. To make a will in Illinois you must be at least 18 years old and of sound mind and memory (755 ILCS 5/4-1). A beneficiary who also serves as a witness can lose part of their gift under the state's interested-witness rule, so choosing disinterested witnesses matters. Attorney review is available as an option before you sign.

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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).

Key decisions before you file

Before you file a Last Will and Testament in Illinois, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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ILLINOIS LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL LEGAL NAME], a resident of [COUNTY] County, Illinois, being at least 18 years old and of sound mind and memory (755 ILCS 5/4-1), declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. EXECUTOR (PERSONAL REPRESENTATIVE) APPOINTMENT I appoint [EXECUTOR NAME] of [CITY, STATE] as the executor (personal representative) of my estate, to serve without bond if permitted by law. If [EXECUTOR NAME] cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] of [CITY, STATE] as successor executor, with the same powers and duties. My executor is responsible for gathering my assets, paying valid debts and expenses, and distributing what remains under this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, cash, or personal items to named beneficiaries. List each gift and the full legal name of the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, that is not otherwise disposed of above, to [RESIDUARY BENEFICIARY NAME], or if that person does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE On the date below, I signed this will, or acknowledged my prior signature, in the presence of the 2 witnesses named below, and declared to them that this is my Last Will and Testament. Each witness then signed in my presence, as required by 755 ILCS 5/4-3. No notary is present or required for this signing.

Dated: [DATE]

[TESTATOR NAME], Testator

WITNESSES (2 credible witnesses required; do not use a beneficiary as a witness, per the interested-witness rule at 755 ILCS 5/4-6): _____________________________ Address: [ADDRESS] Witness 1 Signature, Print Name: [NAME]

_____________________________ Address: [ADDRESS] Witness 2 Signature, Print Name: [NAME]

  1. WITNESS AFFIDAVIT (OPTIONAL) Illinois allows a witness affidavit that forms part of this will and can help prove its execution in probate (755 ILCS 5/6-4(b)). Unlike the notarized self-proving affidavits used in many other states, this Illinois affidavit does not require a notary; it is simply signed by the witnesses.

We, the undersigned witnesses, being first duly aware of the significance of this affidavit, state that the testator signed this will in our presence and declared it to be the testator's Last Will and Testament, and that we signed as witnesses in the testator's presence, at the testator's request.

Witness 1 Signature Witness 2 Signature

Note: This is an Illinois will skeleton governed by 755 ILCS 5/Art. IV (the Illinois Probate Act of 1975, Article IV). Illinois requires 2 credible witnesses who attest in the testator's presence; it does not require a notary for the will or for the witness affidavit above, and it does not recognize holographic (handwritten, unwitnessed) wills. Do not name a beneficiary as a witness: under the state's interested-witness rule, a witness who is also a beneficiary can lose the part of a gift that exceeds their intestate share unless enough other, disinterested witnesses also attested the will. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Illinois in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Last Will and Testament need to be notarized in Illinois?

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Frequently Asked Questions

An Illinois will needs 2 or more credible witnesses who attest in the testator's presence, under 755 ILCS 5/4-3. Avoid using a beneficiary as a witness. Under the state's interested-witness rule (755 ILCS 5/4-6), a witness who is also a beneficiary can lose the part of their gift that exceeds what they would have received under intestacy, unless enough other, disinterested witnesses also attested the will.

No. An Illinois will is executed with witnesses, not a notary; 755 ILCS 5/4-3 requires attestation by 2 or more credible witnesses and contains no notarization requirement. Illinois does recognize a witness affidavit under 755 ILCS 5/6-4(b) that can help prove the will in probate, but unlike many other states' self-proving affidavits, Illinois's version is signed by the witnesses and does not require a notary either.

No. Illinois has no statute recognizing holographic wills. Under 755 ILCS 5/4-3, every will, handwritten or typed, must be attested in the testator's presence by 2 or more credible witnesses. A handwritten will with no witnesses is not valid in Illinois.

Write out your wishes (who inherits your property, who serves as executor, and any guardian for minor children), sign the will, and have 2 or more credible witnesses attest your signature in your presence, as 755 ILCS 5/4-3 requires. You must be at least 18 and of sound mind and memory under 755 ILCS 5/4-1. Choose witnesses who are not beneficiaries to avoid the interested-witness rule.

An Illinois will is valid when it is in writing, signed by a testator who is at least 18 and of sound mind and memory, and attested in the testator's presence by 2 or more credible witnesses, under 755 ILCS 5/4-1 and 4-3. No notary is required for these core formalities.

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 the will's execution in probate without needing the witnesses to testify in person. Unlike the notarized self-proving affidavits used in many other states, Illinois's version does not require a notary.

You must be at least 18 years old and of sound mind and memory to make a will in Illinois, under 755 ILCS 5/4-1.

Under 755 ILCS 5/4-7, you can revoke an Illinois will by burning, cancelling, tearing, or obliterating it yourself (or having someone do so in your presence and at your direction); by executing a later will that declares the revocation; by a later will inconsistent with the prior one; or by signing and attesting a separate revocation instrument the same way you would sign and attest a will. A judgment of dissolution of marriage also revokes gifts and fiduciary nominations to a former spouse under 4-7(b), treating the former spouse as if they predeceased the testator.