Guide to the Illinois Last Will and Testament

📄 Download the Official Form

You can fill out and customize the official Illinois Last Will and Testament here:

👉 Download the Illinois Last Will and Testament (fillable PDF)

What Is It?

A Last Will and Testament is a legal document that:

• States who should inherit your property, money, or other assets.

• Names a personal representative (executor) to manage your estate.

• Allows you to appoint guardians for your children or dependents.

• Ensures your final wishes are honored according to Illinois law.

When Should I Use It?

You should create a will if:

• You want to decide who gets your property (instead of letting the courts decide).

• You have children under 18 and want to name a legal guardian.

• You want to leave specific gifts to family, friends, or organizations.

• You want to name someone you trust to settle your affairs.

• You want to reduce conflict among loved ones after your death.

It's recommended for all adults, regardless of age or financial situation.

What Does It Cover?

Your will can include:

• Distribution of assets: Who receives what (real estate, money, belongings).

• Executor: The person responsible for handling your estate.

• Guardianship: Who should care for your minor children or dependents.

• Specific bequests: Gifts to friends, charities, or others.

• Funeral or burial preferences (optional).

You can also use the will to disinherit someone or explain your decisions.

Key Roles in a Will

Do I Need a Lawyer?

You do not need a lawyer to make a valid will in Illinois, but:

• You must sign it in the presence of two witnesses.

• Your witnesses cannot be beneficiaries of the will.

• The will does not need to be notarized, but notarizing it can make probate easier by turning it into a self-proving will.

If your estate is complex, or if you’re worried about disputes, legal advice is a good idea.

What Do I Do After I Sign It?

• Store the original in a safe but accessible place.

• Give a copy to your executor and tell your loved ones where to find it.

• Consider filing it with your attorney or a legal document service.

Keep your will updated as life changes (marriage, divorce, children, major assets, etc.).

Can I Change or Cancel It?

Yes. You can:

• Write a new will, which automatically revokes the old one.

• Add a codicil (a legal amendment to the existing will).

• Destroy the old will if it’s no longer valid.

Will vs. Living Trust

Most people benefit from having both: a will to handle guardianship and any assets not in a trust, and a living trust to avoid probate for larger assets.