How to Make a Will in Illinois (2026 Guide)

A will made in Illinois must be signed by you and by 2 witnesses to be valid. Yes (755 ILCS 5/6-3 (affidavit of attesting witnesses; may be executed at the time of attestation and used as proof at probate)). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Illinois will covers, generated from the same rules.

Make my free Illinois will

Illinois will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	Yes
Remote witnessing allowed	Yes
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	755 ILCS 5/4-3
Financial POA statute	755 ILCS 45/ (Illinois Power of Attorney Act); statutory short form power of attorney for property at 45/3-3
Healthcare directive statute	755 ILCS 45/4-1 et seq. (Illinois Power of Attorney for Health Care; statutory short form at 45/4-10) and 755 ILCS 35/ (Illinois Living Will Act)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and attested in the presence of the testator by two or more credible witnesses (755 ILCS 5/4-3(a)). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other credible witnesses, although the interested witness may still take what he or she would have received by intestacy (755 ILCS 5/4-6). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and remote witnessing by audio-video communication are governed separately by the Electronic Wills and Remote Witnesses Act (755 ILCS 6/).

Do you need a notary in Illinois?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (755 ILCS 5/6-3 (affidavit of attesting witnesses; may be executed at the time of attestation and used as proof at probate)). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Illinois

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and attested in the presence of the testator by two or more credible witnesses (755 ILCS 5/4-3(a)). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other credible witnesses, although the interested witness may still take what he or she would have received by intestacy (755 ILCS 5/4-6). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and remote witnessing by audio-video communication are governed separately by the Electronic Wills and Remote Witnesses Act (755 ILCS 6/).
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (755 ILCS 5/6-3 (affidavit of attesting witnesses; may be executed at the time of attestation and used as proof at probate)). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Illinois does not provide for lifetime deposit of a will with the court; after death, the custodian must file the original with the clerk of the circuit court within 30 days (755 ILCS 5/6-1).
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may renounce the will and take one-third of the estate remaining after payment of claims if the decedent left descendants, or one-half if there are no descendants (755 ILCS 5/2-8). The spouse is also entitled to a spouse's award of at least $20,000 plus $10,000 per dependent minor or disabled child (755 ILCS 5/15-1).

Homestead

No special restriction on devising a homestead by will. The surviving spouse retains the homestead exemption for the family residence (735 ILCS 5/12-901, 5/12-902) and receives the spouse's award (755 ILCS 5/15-1).

If you die without a will in Illinois

If you die without a will in Illinois, your spouse takes everything if you leave no descendants. If you leave descendants, the spouse takes one-half and your descendants take one-half per stirpes, regardless of whether the descendants are also the spouse's (755 ILCS 5/2-1). With no spouse, everything passes to descendants, then to parents and siblings together. More on intestacy.

Other estate-planning documents in Illinois

• Durable financial power of attorney: 755 ILCS 45/ (Illinois Power of Attorney Act); statutory short form power of attorney for property at 45/3-3. A power of attorney for property must be signed by the principal (or by another at the principal's direction in the principal's presence), signed by at least one adult witness, and notarized; the witness may not be the agent, the notary, the principal's attending physician or health care provider, or the owner/operator of a facility where the principal is a patient (755 ILCS 45/3-3(b), 45/3-4). The statutory short form includes a required notice to the principal and agent. Record it with the county recorder before using it for real estate.
• Advance healthcare directive: 755 ILCS 45/4-1 et seq. (Illinois Power of Attorney for Health Care; statutory short form at 45/4-10) and 755 ILCS 35/ (Illinois Living Will Act). A power of attorney for health care must be signed by the principal and by at least one adult witness who is not the agent, the principal's attending physician or health care provider (or their relatives), the owner or operator of a facility where the principal is a patient, or a parent, sibling or descendant of the principal or agent (755 ILCS 45/4-5.1). Notarization is not required. A living will declaration requires two adult witnesses (755 ILCS 35/3). The statutory short form is optional; other forms complying with the Act are valid.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Illinois notes

• Illinois permits electronic wills and remote witnessing by audio-video communication under the Electronic Wills and Remote Witnesses Act (755 ILCS 6/), which has its own attestation and attachment requirements. This service produces a paper will to be signed with pen and ink with everyone in the same room.
• Illinois does not recognize holographic (unwitnessed handwritten) wills or a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Illinois?

Illinois requires 2 witnesses (755 ILCS 5/4-3). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's direction), and attested in the presence of the testator by two or more credible witnesses (755 ILCS 5/4-3(a)). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless the will is also attested by two other credible witnesses, although the interested witness may still take what he or she would have received by intestacy (755 ILCS 5/4-6). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting. Electronic wills and remote witnessing by audio-video communication are governed separately by the Electronic Wills and Remote Witnesses Act (755 ILCS 6/).

Does a will need to be notarized in Illinois?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Illinois have a self-proving affidavit?

Yes (755 ILCS 5/6-3 (affidavit of attesting witnesses; may be executed at the time of attestation and used as proof at probate)). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Illinois?

Illinois does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Illinois?

A surviving spouse cannot be completely disinherited. The spouse may renounce the will and take one-third of the estate remaining after payment of claims if the decedent left descendants, or one-half if there are no descendants (755 ILCS 5/2-8). The spouse is also entitled to a spouse's award of at least $20,000 plus $10,000 per dependent minor or disabled child (755 ILCS 5/15-1).

What happens if I die without a will in Illinois?

If you die without a will in Illinois, your spouse takes everything if you leave no descendants. If you leave descendants, the spouse takes one-half and your descendants take one-half per stirpes, regardless of whether the descendants are also the spouse's (755 ILCS 5/2-1). With no spouse, everything passes to descendants, then to parents and siblings together.

Is a no-contest clause enforceable in Illinois?

Illinois has no statute on no-contest clauses. Illinois courts enforce them but construe them strictly against forfeiture, and they generally do not reach proceedings that do not actually challenge the will's validity (see In re Estate of Wojtalewicz, 93 Ill. App. 3d 1061 (1981)). Treat a good-faith contest with probable cause as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.