How to Make a Will in Illinois

If you're a resident of Illinois and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Illinois laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Illinois

Here's a quick checklist for making a will:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Illinois, if you die without a will, your property will be distributed according to state "intestacy" laws. Illinois's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, nephews, and great-grandparents. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Illinois?

Yes. Unlike some states, Illinois doesn't have a "statutory will"—a will form available in the state's statutes. But you can make your own will in Illinois by using Nolo's Quicken WillMaker & Trust.

You may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should speak with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Illinois

To make a will in Illinois, you must be:

• 18 years of age or older, and
• of sound mind and memory.

(755 Ill. Comp. Stat. § 5/4-1 (2025).)

Being "of sound mind and memory" is not a high bar to reach, and most will-makers will meet this standard even if they are forgetful or physically unwell. "Sound mind and memory" means that will makers:

• remember what property they own
• understand the nature, consequences, and effect of executing a will, and
• know who the natural objects of their bounty are (the people who will inherit from them).

DeHart v. DeHart, 986 N.E.2d 85 (Ill. 2025)

You must make your will in writing in Illinois. It can't be on audio or video and generally must be on paper. (Although, see "Can I Make a Digital or Electronic Will?," below.) Type and print your will using a computer, or you can use a typewriter. Illinois doesn't permit unwitnessed handwritten (holographic) wills.

How to Sign and Execute My Illinois Will

To finalize your will in Illinois:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you.

(755 Ill. Comp. Stat. § 5/4-3 (2025).)

A witness to the will signing should not be a beneficiary of the will. A witness who stands to inherit under the will may lose the right to that inheritance. (755 Ill. Comp. Stat. § 5/4-6 (2025).)

Do I Need to Have My Will Notarized?

No, in Illinois, you do not need to notarize your will to make it legal.

Many states allow you to make your will "self-proving," which allows the probate court to accept the will without contacting your witnesses. Illinois allows your will to be self-proved without a self-proving affidavit, as long as you sign and witness it correctly. However, some Illinois attorneys recommend a self-proving affidavit signed by the witnesses before a notary public. (755 Ill. Comp. Stat. § 5/6-4 (2025).)

Can I Make a Digital or Electronic Will?

Illinois is one of a handful of states that technically allows electronic wills (e-wills). The requirements for making a valid e-will are elaborate. If you would like to make an e-will, you should consider speaking with an attorney.

For more details on e-wills, see What Is an Electronic Will?

Should I Choose and Appoint an Executor in My Will?

Yes. In Illinois, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Illinois?

In Illinois, you may revoke or change your will at any time. You can revoke your will by:

• burning, cancelling, tearing, or obliterating your will yourself
• instructing someone else to burn, cancel, tear, or obliterate your will in front of you
• making a new will that states it revokes the old one
• making a new will that is contradictory to the old will, or
• writing a document that says you are revoking the will while using the same formalities you used to make your original will (see above).

(755 Ill. Comp. Stat. § 5/4-7 (2025).)

If you and your spouse divorce (or if a court determines that your marriage is not legal), Illinois law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. (755 Ill. Comp. Stat. § 5/4-7 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Illinois's laws about making wills here: Estates 755 Illinois Compiled Statutes 5 Probate Act of 1975 Article IV Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Illinois wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Illinois, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Illinois?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Illinois, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. At that point, it will be filed to begin the probate process.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, Illinois does have an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal estate taxes. If your estate is large enough to owe state or federal estate tax, you should consider working with an estate planning attorney. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.