An Illinois last will is a legal document containing the details of an individual (called the “testator”) involving their assets’ distribution in case of death, signed and written in the form prescribed by the state law.
Typically, most will undoubtedly benefit from having such a document in place. Even if you don’t possess a lot of things or have a long life ahead, a last will and testament can really help your family situation and prove to be critical to your close relatives.
We offer a free Illinois will template, available as a last will and testament in PDF and Word (DOCX) formats below. Before creating a will, please check the signing requirements in your state.
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An Illinois last will is valid when it is in writing, signed by the testator, or by someone else in the testator’s presence and at their direction, and attested in the testator’s presence by two or more credible witnesses.[1] You can also add a self-proving affidavit, signed by the witnesses at or after the time of attestation, so the witnesses do not need to testify in probate court later.[2]
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Illinois law. If you notice an error or outdated information, please contact us.
| Requirements | State laws | |
| Statutes | Act 5 – Probate Act of 1975 | |
| Definitions | Article I – General Provisions | |
| Signing requirement | Two witnesses | Sec. 4-3. Signing and attestation |
| Age of testator | 18 and older | Sec. 4-1. Capacity of testator |
| Age of witnesses | 18 and older | Sec. 4-3. Signing and attestation |
| Self-proving wills | Allowed | Sec. 6-4. Admission of will to probate |
| Handwritten wills | Might be recognized if witnessed according to the state law | Sec. 4-3. Signing and attestation |
| Oral wills | Not recognized | |
| Holographic wills | Not recognized | |
Have your two witnesses watch you sign the will, or watch you acknowledge your signature, before they sign it themselves. Illinois law requires the witnesses to attest the will in the testator’s presence.[1]
1. Consider your possible choices. Prior to starting out, you’ll want to decide if you would like to use the help of an attorney or create the entire document yourself. If you’re going to develop the last will yourself, choose the type you will go for: a handwritten (holographic) will or a free last will and testament form.
2. Specify your information. Establish the testator and their details: full name and residence (city, county, and state). Go over the information you wrote and the remainder of the section, including “Expenses and Taxes.”
3. Indicate the executor (or executrix). In this passage, you establish who’s going to carry out your will by filling in their full name, along with their city, county, and state of residence. Most states have special restrictions associated with out-of-state executors and representatives, which usually implies extra headaches and paperwork. Thus, choosing someone who resides in the same state as you is advised.
It could happen that your main representative will be unable to carry out your will due to sickness, death, unwillingness, or some other factors. The court will probably choose its own representative to undertake the duties in such a case. To avoid that, choose an additional executor by indicating the same information you did for the main one.
4. Establish the guardian (optional). In case that you have minor or dependent children and do not want the court to choose a guardian for the kids when you’re no longer on this Earth. You can specify a friend or acquaintance as a guardian for your children.
5. Specify your beneficiaries. This is where you specify those who are going to inherit your property. For each named beneficiary, specify these particulars: full legal name, address, and how they are related to you.
6. Distribute assets. Write down your possessions and explain how you would like to distribute them among your inheritors if you have something in mind besides splitting the estate evenly. Money owed to you, real property, stocks, business ownership, cash, and any other personal property of commercial worth in your possession can be mentioned in the will.
List each piece of property clearly so your executor can identify and distribute it without confusion. A few types of property generally cannot be distributed through a last will, including:
7. Ask witnesses to finalize the document. Following Illinois regulation, for any last will and testament to be legally correct, it has to be signed by two witnesses. They should be over 18 years of age and have no interest in your last will, which means they cannot be inheritors.
As an additional precaution against cases when your will is challenged or some other problems, it’s a wise decision to appoint a witness who is younger than you to ensure they will be there after you depart this world. After carefully revising each passage in your last will, all parties involved (you and your two witnesses) will have to fill out their full names and full addresses and sign the document.
Yes. Under Illinois law, every will must be in writing, signed by the testator, or by someone else in the testator’s presence and at their direction, and attested in the testator’s presence by two or more credible witnesses.[1] An unwritten, or nuncupative, will does not meet this Illinois will template requirement, which is why FormsPal’s free Illinois will template gives you a document that already meets the writing and signature rules.
A will in Illinois is valid without notarization. To make your last will self-proving, notarization is not required either. A self-proved will makes probate more efficient since the court can acknowledge it without speaking to the witnesses involved.
To be testamentary capable means you meet the legal and mental requirements to create or change a last will.
In Illinois, you must be of sound mind and at least 18 years old to create a legal will. Sound mind means you do not have a condition that stops you from understanding what you are doing and what the consequences of your actions are. Dementia is one example of a condition that can prevent this understanding.
Illinois is not a community property state, so property gained during the marriage is not owned equally by both spouses. This means you can disinherit your spouse completely in your will. A surviving spouse may still be able to renounce the will and claim a share of the estate instead, though FormsPal could not confirm the current details of that process against the official Illinois Compiled Statutes text during this update.
You can also address this with a prenuptial agreement, where both spouses agree on property distribution or waive certain rights in advance. In Illinois, a prenup takes precedence over a last will.
Yes, you can do that. In Illinois, in case you haven’t concluded a contract that mentions otherwise, you are allowed to repeal or alter your will whenever you want.
It’s recommended to review your last will when a major event comes about in your life, such as childbirth, marriage, real estate purchase, etc.
Illinois courts generally presume that a lost will was revoked by the testator, which puts the responsibility on the person offering the will to provide solid proof otherwise. FormsPal could not confirm the current statutory details of this presumption against the official Illinois Compiled Statutes text during this update, so treat this as general background rather than a cited rule.
The presumption can be overcome with evidence. Some examples of scenarios that may overcome it:
In practice, courts usually resolve these cases under the state’s intestacy law.
| Related documents | When to create it |
| Codicil | You want to slightly change your will without writing a new document from scratch. |
| Self-proving affidavit | You want the probate to be quicker in due time. |
| Living will | You would like to indicate precisely what health care you expect if you can’t express that by yourself. |
| Living trust | You want to handle your end-of-life affairs without probate. |
FormsPal also provides free last will and testament templates for other states. Each state sets its own signing and witnessing rules, so use the template that matches where you live, or where your property is located, rather than reusing this Illinois version. Browse the list below to find your state's last will and testament form.
This page is general information about Illinois last wills, not legal advice. For advice on your situation, talk to an Illinois attorney.
Unless noted otherwise, the sources below are from the Illinois Compiled Statutes.
