Requirements of a Will in Illinois

The Circuit Court of Cook County Probate Division handles a will and probate case in Arlington Heights. This court can be found at the Richard J. Daley Center in downtown Chicago on West Washington Street. Drafting a will is a fairly straightforward process and quite common throughout Arlington Heights, where the median household income is $116,723 per year, and the median property value is $414,500 as of 2024. You should hire a wills lawyer for assistance.

It’s always wise to be prepared. In a recent poll, only 32% of Americans said that they have a will. If you decide to draft one, you should hire a wills lawyer to oversee the drafting process and make sure that your will adheres to the requirements of the state. Every state has specific requirements for a last will and testament, and Illinois is no exception. It’s vital that you understand and follow these requirements as you move through the drafting process:

• In writing. Your will needs to be in writing, either typed or printed. Illinois does not recognize oral wills as legitimate, and handwritten or holographic wills are only considered valid if they meet all other legal statutory requirements. Your lawyer can help you type up the will and make sure it includes everything you need.
• Signature. To be seen as valid, the will must be signed by you, the testator. Another option is for someone else to sign the will in your presence. If your will is not signed, it may not be considered valid.
• Witnesses. Another important element of a will in Illinois is witnesses. You need two credible, impartial witnesses to watch you sign the will or acknowledge the signature. They must then sign the will themselves. The witnesses cannot be beneficiaries of the will. If a beneficiary tries to act as a witness, their gift could be voided under state law.
• Notarization. While not a mandatory requirement for validity, having your will notarized alongside an affidavit makes it self-proving. If your will is self-proving, the witnesses don’t need to testify in court during probate. Notarizing the will can make the whole process much smoother for you and your family.
• Core content. The most important part of the drafting process is including the right elements. Your will should appoint an executor of your estate, clearly identify your designated beneficiaries, choose a legal guardian to care for your minor children or dependents, and detail how the estate should handle any outstanding debts. Your lawyer can guide you through everything you need to include.