Wills by state
How to Make a Will in Illinois
What Illinois law requires for a valid will, how signing works, and the details that trip people up — in plain English.
Illinois will requirements at a glance
18+
You must be at least 18 and of sound mind.
2 witnesses
Two adult witnesses must watch you sign (or acknowledge) your will and sign it themselves. Witnesses generally should not be people who inherit under the will.
Not required for validity
A notary is not what makes the will valid — but notarizing a self-proving affidavit (below) is strongly recommended.
Attestation serves the purpose
Illinois doesn't use the separate notarized affidavit found in most states — the witnesses' attestation statements themselves prove the will for admission without live testimony (755 ILCS 5/6-4).
Not recognized
Illinois does not accept unwitnessed handwritten wills.
Estate tax
Illinois levies its own estate tax in addition to the federal one, with a lower exemption than federal law.
Signing your will in Illinois
- 1
Put your wishes in writing
Decide who inherits, who serves as your personal representative (executor), and who would care for minor children. Our guided questions walk you through every decision.
- 2
Gather two adult witnesses
Choose adults who don't inherit under the will. You sign (or acknowledge your signature) in front of them; they sign in front of you.
- 3
Store it well and tell your executor
Keep the signed original somewhere safe and findable — a fireproof box at home beats a bank safe-deposit box your family can't open. Tell your executor where it is.
Illinois specifics worth knowing
Illinois follows the mainstream American rules for wills: a written document, signed by you and two witnesses, with a notarized self-proving affidavit as the recommended finishing touch. Our Illinois documents include the correct execution pages and signing instructions for the state.
Illinois will FAQs
Does a will need to be notarized in Illinois?
No. In Illinois, a will is made valid by your signature and two witnesses — not by a notary. Illinois doesn't use the separate notarized affidavit found in most states — the witnesses' attestation statements themselves prove the will for admission without live testimony (755 ILCS 5/6-4).
Can I write my own will in Illinois?
You don't need a lawyer to make a valid will in Illinois, but it must be properly executed: in writing, signed by you, and signed by two witnesses. Illinois does not accept unwitnessed handwritten wills, so skipping the formalities means dying intestate — the state's default rules decide who inherits.
What happens if I die without a will in Illinois?
Your estate passes under Illinois's intestacy laws — a fixed priority list (usually spouse first, then children, then parents, then siblings). Unmarried partners, stepchildren, friends, and charities receive nothing under these defaults, and the court chooses your estate's administrator and your minor children's guardian without your input.
How much does a will cost in Illinois?
An attorney-drafted will in Illinois typically runs several hundred to a few thousand dollars. With Plan Your After you build your complete estate plan — will, trust, powers of attorney, living will, and HIPAA authorization — free, and pay $149 only when you're ready to finalize and download, including a year of unlimited updates.
This page is general information about Illinois law, not legal advice, and laws change. For advice about your specific situation, consult a licensed Illinois attorney.
Illinois estate planning
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