✓ Verified June 2026
This guide covers Illinois estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Illinois law, verified as of June 2026.
In This Illinois Guide:
Illinois Will Requirements at a Glance
Here are the exact rules for making a valid will in Illinois:
| Minimum age to make a will | 18 |
| Witnesses required | 2 |
| Notarization required | NO — notarization is not required for a valid will in Illinois, but a notarized self-proving affidavit under 755 ILCS 5/6-4 can streamline probate by eliminating the need for live witness testimony in court |
| Handwritten (holographic) will allowed | NO — Illinois does not recognize holographic (handwritten, unwitnessed) wills; a will must be attested by 2 credible witnesses regardless of whether it is handwritten or typed (755 ILCS 5/4-3) |
| Self-proving affidavit available | YES — under 755 ILCS 5/6-4, each attesting witness may sign a sworn affidavit (before a notary) stating they saw the testator sign or acknowledge the will, attested it in the testator’s presence, and believed the testator to be of sound mind and memory; the affidavit must be attached to the will or an accurate copy of it, and eliminates the need for witnesses to testify in person at the probate hearing |
| Statutory will form | NO — Illinois does not offer an official statutory will form; residents may use privately drafted forms or consult a licensed attorney |
What a Illinois Will Does (and Doesn’t Do)
A valid Illinois will may name a personal representative (executor) to manage the estate, name a guardian for minor children, direct how probate assets such as real property, bank accounts without payable-on-death designations, and personal belongings are distributed, and may create testamentary trusts
What a Illinois will does NOT control: A will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (401(k), IRA) with a named beneficiary, payable-on-death or transfer-on-death bank and brokerage accounts, jointly held property with right of survivorship, and assets already held in a living trust
Oral wills in Illinois: NO — Illinois requires all wills to be in writing under 755 ILCS 5/4-3; oral (nuncupative) wills are not recognized under state law
How to Update or Revoke a Illinois Will
A will may be amended by executing a codicil, which must meet the same formalities as the original will — signed by the testator and attested by 2 credible witnesses (755 ILCS 5/4-4); a will may be revoked by physical act (burning, tearing, cancelling, or obliterating), by a later will that expressly revokes it or is inconsistent with it,
or by a separate signed and witnessed written instrument declaring the revocation (755 ILCS 5/4-7); dissolution of marriage automatically revokes all provisions in favor of the former spouse (755 ILCS 5/4-7(b))
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Other Illinois will-making rules: Interested-witness rule (755 ILCS 5/4-6): if a witness is also a beneficiary, the gift to that witness is voided unless at least 2 other disinterested witnesses also attest the will — the interested witness may still receive up to their intestate share;
Illinois permits electronic wills and remote witnesses under 755 ILCS 6/ — witnesses may attest via audio-video communication if they are located in the United States and the will designates Illinois as its place of execution; a rebuttable presumption exists under 755 ILCS 5/4-7 that a will executed after the testator has been adjudicated disabled and a plenary guardian appointed is void,
which may be overcome by clear and convincing evidence; foreign wills executed in compliance with the law of the place of execution or the testator’s domicile may be admitted to probate in Illinois (755 ILCS 5/7-1)
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Understanding Illinois Estate Planning
Getting started with Illinois estate planning is the single best gift you can give your family. A valid Illinois will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Illinois estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Illinois estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Illinois Sources & Resources
- Illinois Court Self-Help: https://www.illinoiscourts.gov/self-help/
- Illinois Wills Statute: https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2104&ChapterID=60
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Illinois will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Illinois Wills & Probate Guides
- Illinois Probate Process
- Dying Without a Will in Illinois
- Illinois Estate & Inheritance Tax
- Illinois Small Estate Affidavit
- Illinois Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.