Making a Will in Illinois: Rules You Need to Know
Illinois sets clear requirements for signing and witnessing a will, and it does not recognize handwritten wills the way some states do. Estates above a statutory value generally go through probate in the circuit court. This is general information, not legal advice — consult an attorney in your state.
Who can make a will in Illinois?
In Illinois you must be at least 18 and of sound mind and memory. That means you understand you are signing a will, have a general sense of your property, and recognize the people who would normally inherit from you.
Signing freely and with capacity is what protects the will from a later challenge.
What are the witness and notary rules?
An Illinois will must be in writing, signed by you, and attested by two credible witnesses who sign in your presence. Illinois does not recognize holographic (unwitnessed handwritten) wills, so the two-witness step is essential.
Notarization is not required for validity, but Illinois allows a self-proving affidavit signed by you and the witnesses before a notary, which lets the court admit the will without the witnesses appearing.
- Two credible witnesses who sign in your presence.
- No holographic (handwritten, unwitnessed) wills.
- A self-proving affidavit before a notary streamlines probate.
What does Illinois call the executor?
Illinois uses the term executor for the person named in a will and administrator for someone appointed by the court when there is no will. Both are types of Personal Representative responsible for settling the estate.
The executor or administrator is appointed by the circuit court, which issues letters of office confirming their authority.
What happens if you die without a will in Illinois?
If you die intestate, Illinois law splits your estate between your spouse and descendants — typically half to the spouse and half divided among the children when both survive. A spouse with no descendants inherits everything.
Intestacy removes your ability to choose your executor or name a guardian, and it can send assets to relatives you might not have chosen.
Is probate required in Illinois?
Probate is generally required in Illinois when the estate's value exceeds a statutory small-estate threshold and includes assets in the deceased's sole name. Below that threshold, a small-estate affidavit can transfer property without court.
Assets that pass by beneficiary designation, joint ownership, or a living trust avoid probate, which is why living trusts are a common planning tool.
Can you make an Illinois will online?
Yes. A properly signed and witnessed online will is valid in Illinois when you follow the two-witness signing process. iFinallyWill produces an Illinois-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.
iFinallyWill supports all 50 states and every Canadian province. For larger or more complex estates, legal advice can help you decide whether a trust is worthwhile.
Frequently asked questions
- How many witnesses does an Illinois will need?
- Two credible witnesses who sign in your presence. A self-proving affidavit before a notary is optional but makes probate easier.
- Does Illinois allow handwritten wills?
- No. Illinois does not recognize holographic (handwritten, unwitnessed) wills. A valid Illinois will must be witnessed by two people.
- When is probate required in Illinois?
- Generally when solely owned assets exceed a small-estate threshold. Below it, a small-estate affidavit can transfer property without opening probate.
- What is the difference between an executor and an administrator in Illinois?
- An executor is named in the will; an administrator is appointed by the court when there is no will. Both are Personal Representatives who settle the estate.