No one likes to think about what happens after they’re gone, but drafting a will is one of the most thoughtful ways to care for your loved ones. Without clear instructions, your property and assets could be distributed by state law, possibly in ways you wouldn’t choose. Taking the time to write a will ensures that your wishes are carried out and your family avoids unnecessary stress.
If you’re unsure how to write a will in Illinois, this guide breaks down the process so you can get started confidently.
Why You Need a Will in Illinois
In Illinois, if you pass away without a will — a situation known as dying intestate — your estate is distributed according to the state’s default rules. These rules prioritize close relatives like spouses, children, and parents. But they don’t consider your personal relationships, charitable causes, or special circumstances.
With a will, you can:
- Decide exactly who inherits your assets
- Name a guardian for your minor children
- Appoint someone you trust to oversee your estate
- Reduce the chance of family disputes
In short, a will gives you control over what happens to everything you’ve worked hard for — instead of leaving it to chance.
Illinois Requirements for a Valid Will
Illinois law has specific rules for making a valid will. Skipping even one requirement can lead to your will being contested or thrown out. Here’s what you need:
- You must be at least 18 years old and mentally competent.
- Your will must be written down — handwritten or typed, but not oral.
- You must sign the will yourself, or direct someone else to sign for you while you watch.
- At least two impartial witnesses must watch you sign and then sign themselves. (These witnesses shouldn’t also be people who stand to benefit from the will.)
You don’t need to notarize your will in Illinois, but adding a notarized affidavit can save time in probate court.
Steps to Write a Will in Illinois
Now that you know the legal requirements, here’s a straightforward process to help you draft your will:
1. Take Inventory of Your Assets
Start by jotting down everything in your estate: your home, cars, savings accounts, investments, and even sentimental belongings. Knowing what you have makes it easier to decide who gets what
2. Decide Who Will Inherit
Think about how you’d like to divide your assets. You can leave specific items to specific people, give everything to one heir, or split it among several beneficiaries. It helps to be as detailed as possible to avoid confusion.
3. Choose an Executor
The executor is the person in charge of carrying out your wishes and managing your estate through probate. Pick someone reliable and organized — and ask them in advance if they’re willing to take on the responsibility.
4. Name a Guardian for Young Children
If you have young children, your will is the place to name a guardian. This is one of the most important decisions you can make to protect your children’s future.
5. Draft the Will
You can write your will yourself, use a trusted online service, or work with an estate planning attorney. Even though you can do it alone, working with a lawyer is often worth it, especially if your estate is complex or you expect family disagreements.
6. Sign and Witness the Will
When you’re ready, gather your two witnesses and sign the will in front of them. They’ll sign as well, confirming they saw you execute the document and that you appeared to understand what you were signing.
Should You Use a Lawyer?
While Illinois does not require you to hire an attorney to draft your will, professional guidance can make a big difference. A lawyer can help you:
- Navigate complex family situations (like blended families or estranged relatives)
- Minimize potential tax consequences
- Avoid common mistakes that could invalidate your will
- Ensure your will works properly with other estate planning documents, like trusts or powers of attorney
If your estate is relatively simple, you may feel comfortable using a template. But if you have significant assets, own a business, or expect any disputes among heirs, consulting a will attorney is strongly recommended.
Do You Need to Notarize a Will in Illinois?
Notarization is not required for a will to be valid in Illinois. However, you can attach a self-proving affidavit, which is notarized and signed by you and your witnesses. This affidavit can simplify the probate process because it confirms the validity of the will without requiring your witnesses to testify later.
What Happens After You Write Your Will?
Once your will is properly signed and witnessed, keep it in a safe but accessible place, like a fireproof safe or with your attorney. Let your executor know where to find it.
You should also review your will periodically, especially after major life events such as marriage, divorce, the birth of a child, or significant changes in assets. Illinois law may automatically revoke or alter parts of your will after certain events, so keeping it up-to-date is crucial.
Start Planning Your Future Today
Writing a will is one of the most thoughtful and responsible steps you can take to protect your family and ensure your wishes are honored. Whether your estate is modest or extensive, understanding how to write a will in Illinois is the first step toward peace of mind.
At Koch & Associates, we’re here to help you navigate the process with clarity and confidence. Our experienced will attorneys can draft a legally sound, customized will that reflects your unique needs and protects your loved ones.
Contact Koch & Associates to schedule a consultation and take control of your future.
