Illinois Last Will and Testament

Two. An Illinois will must be signed by the testator and attested by two or more credible witnesses, it can be admitted on the witnesses' attestation clause or affidavit without live testimony, and unwitnessed handwritten wills are not valid.

Yes, through the witnesses. Illinois allows a self-proving affidavit signed by the witnesses; no notary required.

No. Illinois does not recognize unwitnessed handwritten wills made under its own law.

They come from 755 ILCS 5/4-3 (Signing and attestation) and 755 ILCS 5/6-4 (Admission of will to probate; testimony or affidavit of witnesses). We last checked them in October 2026. Laws change, so check the current statute before you rely on it.

No state requires a lawyer to prepare a will. Many people with straightforward situations make their own. Consider speaking with an estate planning attorney if you have a large or complex estate, own a business, have a blended family, want to plan for a beneficiary with special needs, or expect someone to challenge your will.

Most states require two adult witnesses who see you sign the will and then sign it themselves. Using witnesses who are not beneficiaries is strongly recommended, because some states limit what a witness-beneficiary can inherit. You can choose to include a third witness block for extra protection.

It is a sworn statement, signed by you and your witnesses in front of a notary, confirming that the will was signed properly. In states that recognize it, the court can accept the will without contacting the witnesses later. Not every state recognizes self-proving affidavits, and some use their own wording.

It passes under the residuary clause, which covers everything not given away by a specific gift. That is why the residuary section is one of the most important parts of a will. Property with a named beneficiary, such as a retirement account or life insurance policy, passes to that beneficiary instead.

Generally yes, with important limits. Adult children can usually be disinherited, and this document lets you state that intentionally. Most states protect a surviving spouse with a right to claim a share of the estate, regardless of the will, unless they waived it in a valid prenuptial or postnuptial agreement.

No. Property that passes under a will usually goes through probate, the court process that confirms the will and supervises the estate. Some states offer simplified procedures for small estates. If avoiding probate is a priority, consider a living trust or beneficiary designations as well.

Keep the signed original somewhere safe but accessible, such as a fireproof home safe, with your attorney, or with the probate court where your county offers will deposit. Tell your executor where it is. A bank safe deposit box can be hard for others to open after your death.

You can make a new will that revokes the old one, or sign a codicil, a short amendment signed with the same formalities as a will. Do not write changes on the signed original; handwritten edits can invalidate parts of it or cause confusion.

Some states accept handwritten (holographic) wills without witnesses, and a growing number accept electronic wills, but rules vary widely. A typed will signed with witnesses following your state's requirements is accepted everywhere in the United States.