IL · Will Requirements
Will Requirements in Illinois (2026)
A will in Illinois requires 2 witnesses and does not require notarization. You must be at least 18 years old and of sound mind. Illinois does not accept handwritten (holographic) wills, and electronic wills are valid here. A self-proving affidavit is available: your witnesses sign a sworn statement before a notary, and the will can then be admitted to probate without them appearing in court. Will execution is governed by 755 ILCS 5/4-3.
Here's what Illinois says you need to make your last wishes actually count. Spoiler: it's not as bad as you think.
What does a valid will in Illinois require?
| Requirement | Illinois rule |
|---|---|
| Witnesses required | 2 |
| Notarization | Not required |
| Minimum age | 18 years old |
| Handwritten (holographic) wills | Not recognized |
| Electronic wills | Recognized |
| Self-proving affidavit | Available |
| Governing statute | 755 ILCS 5/4-3 |
| Probate threshold | $100,000 |
| Property system | Common law |
| State estate tax | Yes |
| State inheritance tax | No |
How do you make a will legally valid in Illinois?
- Be at least 18 and of sound mind.
- Put it in writing and sign it yourself.
- Have 2 witnesses watch you sign, then have them sign the will too. Don't pick someone who inherits under it.
- A notary isn't required in Illinois, but one is worth finding anyway.
- Attach a self-proving affidavit so your witnesses never have to show up in probate court.
So you’ve decided to finally write a will in Illinois. Congratulations on acknowledging your own mortality. Most people can’t even manage that. Here’s what IL law requires to make sure your last wishes actually hold up in court instead of becoming an expensive piece of creative writing.
The basic requirements
Illinois requires 2 witnesses to make your will valid. Good news: Illinois doesn’t require a notary for your will, though getting one makes it self-proving and saves your executor a headache later. You must be at least 18 years old and of sound mind, though if you’ve been putting this off for years, the “sound mind” part is debatable.
Illinois supports self-proving affidavits, which means if you get your witnesses to sign a sworn statement with a notary, they won’t have to show up in court later to confirm they watched you sign. Future-you’s executor will thank present-you.
Handwritten and electronic wills
Illinois does NOT accept holographic (handwritten) wills, so put down the napkin and the crayon. Illinois is one of the forward-thinking states that accepts electronic wills. Welcome to the future of death planning.
What Illinois law says about your stuff
Under 755 ILCS 5/4-3, if you die without a will in Illinois, your assets get distributed according to intestacy laws, basically, the state’s default settings for dead people. These defaults rarely match what anyone actually wants.
The bottom line
A valid will in Illinois isn’t complicated, but it does need to follow the rules. 2 witnesses, your signature, and a clear head. Skip any of these and you might as well not bother, your family will be stuck in probate court arguing about who gets the good china while lawyers bill $300 an hour to watch.
How much does a will cost in Illinois?
An attorney in Illinois averages $1,000 (range $600-2000). Killswitch charges $69, once, with no subscription.
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What else do people ask about wills in Illinois?
How many witnesses do I need for a will in Illinois?
Illinois requires 2 witnesses for a valid will. They need to be competent adults who watch you sign and then sign the will themselves. Pro tip: don't pick someone who's inheriting, that's a conflict of interest that could invalidate their share.
Does Illinois require a notary for wills?
No, Illinois doesn't require a notary for your will to be valid. However, getting a notarized self-proving affidavit means your witnesses won't have to testify in court later, worth the extra step.
Are handwritten wills valid in Illinois?
No, Illinois does not recognize holographic (handwritten) wills. Your will needs to be typed and properly witnessed to be valid.
What is the minimum age to make a will in Illinois?
You must be at least 18 years old to make a will in Illinois. If you're 18 and already thinking about your will, you're either incredibly responsible or having a really rough week.
Can I make an electronic will in Illinois?
Yes! Illinois recognizes electronic wills, so you can create, sign, and witness your will digitally. Welcome to the 21st century of death planning.
What other Illinois documents do you need?
What does estate planning in Illinois cover?
Everything IL residents need to know about estate planning, without the lawyer-speak or the $1000 attorney bill.
Do you need a Illinois power of attorney?
Illinois POAs are durable by default. Notarization required.
Do you need a Illinois healthcare directive?
Illinois requires 2 witnesses for healthcare directives. No notary required.
How do the rules compare in nearby states?
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Look, we're not lawyers (we're way more fun at parties). This is educational content about Illinois laws, not legal advice. If your situation is complicated (and let's be honest, whose isn't), talk to an actual attorney. We just make the paperwork less painful.
