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How do I make a valid will in Illinois?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Illinois will execution is governed by the Illinois Probate Act of 1975, 755 ILCS 5/.

1. Testator Requirements

  • Age: 18 or older (755 ILCS 5/4-1).
  • Capacity: Sound mind and memory.

    • 2. Witness Requirements (755 ILCS 5/4-3)

  • Will must be in writing and signed by the testator (or by another at the testator's direction in the testator's presence).
  • 2 credible witnesses must attest the will in the presence of the testator (no requirement they be in each other's presence, but typical practice).
  • Witnesses must be 18 or older.

    • 3. Notarization

    Not required for validity. A self-proving affidavit (755 ILCS 5/6-4) executed by the witnesses before a notary, attached to the will, makes it admissible without live witness testimony.

    4. Holographic Wills NOT Recognized

    Illinois does not recognize holographic wills. A handwritten will must still be witnessed by 2 witnesses to be valid in Illinois.

    5. Interested Witnesses

    A beneficiary-witness does not invalidate the will, but the gift to that witness is void to the extent it exceeds what the witness would have received under intestacy, unless 2 other disinterested witnesses signed (755 ILCS 5/4-6).

    6. Intestacy (No Will)

    755 ILCS 5/2-1: Spouse and descendants — spouse takes 1/2, descendants take 1/2 per stirpes. Spouse with no descendants takes all.

    7. Small Estate Threshold

    Estates with personal property of $100,000 or less (no real estate) qualify for a Small Estate Affidavit under 755 ILCS 5/25-1.

    8. Filing the Will

    Illinois requires that any person possessing a will of a decedent file the original with the circuit court clerk within 30 days of learning of the death (755 ILCS 5/6-1), even if no probate is contemplated.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You have a handwritten will from another state
    • Your estate may exceed Illinois estate tax exemption ($4M)
    • You want to use a living trust to avoid probate
    Related Statutes & Laws
    • 755 ILCS 5/4-1
    • 755 ILCS 5/4-3
    • 755 ILCS 5/4-6
    • 755 ILCS 5/6-4
    • 755 ILCS 5/25-1

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.