Looking for an Illinois Last Will and Testament form? Our downloadable Illinois Will template provides everything you need to create a legally valid Last Will in Illinois—ensuring your assets are distributed according to your wishes and protecting your loved ones from the uncertainty of intestate succession.
Protect Your Illinois Family - Download Template Now - $14.95
An Illinois Last Will and Testament is a legal document that allows you to specify how your property and assets will be distributed after your death, name guardians for minor children, and designate an executor to manage your estate. Unlike dying without a Will (dying "intestate"), an Illinois Will gives you complete control over who receives your property and how your estate is settled.
Creating an Illinois Last Will and Testament form is one of the most important estate planning steps you can take. Without a Will, Illinois's intestate succession laws determine who inherits your property—often with results you wouldn't have chosen.
When you purchase our Illinois Last Will and Testament form download, you receive:
✅ Microsoft Word (.docx) Editable Template – Fully customizable to your specific situation
✅ Fillable PDF Version – Easy form-filling for quick completion
✅ Google Docs Link – Cloud-based editing with sharing capabilities
✅ Step-by-Step Instructions – Clear guidance on Illinois Will requirements
✅ Witness Requirements Guide – Illinois-specific execution instructions
✅ Self-Proving Affidavit – Streamlines probate validation
✅ Instant Download – Access your forms immediately after purchase
All formats are Illinois-compliant and designed to meet the requirements of 755 ILCS 5/4-3 (Illinois Compiled Statutes) for a valid Last Will and Testament.
Download Your Illinois Last Will and Testament Template - $14.95
Without an Illinois Will, state intestate succession laws determine your heirs:
Your spouse may not receive everything (shared with children or parents)
Unmarried partners receive nothing (no matter how long the relationship)
Minor children's inheritance requires court-appointed guardianship
Family members you don't want to inherit may receive property
Stepchildren receive nothing unless legally adopted
Charitable organizations cannot receive bequests
Special needs planning is impossible
Illinois civil unions have same rights as marriage
An Illinois Last Will and Testament puts YOU in control of these decisions.
Your Illinois Will allows you to:
Nominate guardians for minor children
Create testamentary trusts for children's inheritance
Specify ages when children receive assets
Protect children from irresponsible spending
Ensure funds are available for education
Prevent court-appointed guardianship battles
Provide for children from previous relationships
Name separate guardians for person vs. estate
A clear, legally valid Illinois Last Will and Testament:
Reduces family disputes over your estate
Speeds up the probate process
Minimizes court involvement in asset distribution
Protects your family from unnecessary legal expenses
Ensures your executor has clear authority
Prevents challenges from disinherited relatives
Can utilize Illinois's simplified small estate procedures
Get Your Illinois Will Template Now - $14.95
To create a valid Illinois Last Will and Testament, you must meet these requirements:
Age: Must be at least 18 years old
Mental Capacity: Must be of sound mind and memory and understand:
The nature and extent of your property
The natural objects of your bounty (who would typically inherit)
The disposition you're making
How these elements relate to form an orderly plan
Written Document: Must be in writing (typed or handwritten)
Signature: Must be signed by the testator (or by someone at the testator's direction in their presence)
Two Witnesses: Must be attested in the presence of two or more credible witnesses
Witness Signatures: Witnesses must sign in the presence of the testator
Attestation: Witnesses must attest the signing but need not sign in each other's presence
No Notarization Required: Illinois Wills don't require notarization (but see self-proving affidavit below)
While not required, adding a self-proving affidavit (notarized statement by testator and witnesses) allows the Will to be admitted to probate without witness testimony. This:
Speeds up probate significantly
Eliminates need to locate witnesses years later
Reduces probate complications
Is included in our template package
Authorized under 755 ILCS 5/6-4
Download Illinois Last Will Template with Self-Proving Affidavit - $14.95
Our Illinois Last Will and Testament template allows you to:
Real estate (homes, land, investment properties, vacation homes)
Bank accounts and investments
Vehicles, boats, RVs, and recreational vehicles
Business interests and partnership shares
Digital assets and cryptocurrency
Collections, jewelry, and heirlooms
Farm property and agricultural assets
Specific bequests to individuals or charities
Residuary estate (everything not specifically mentioned)
Name your executor (called "representative" in Illinois)
Designate alternate executors
Nominate guardians for minor children
Name alternate guardians
Waive bond requirements for executor
Grant specific powers to executor
Appoint separate guardians for person and estate
Create testamentary trusts for minor children
Specify trustee and successor trustees
Set distribution ages and conditions
Protect special needs beneficiaries
Provide for pet care trusts
Educational trusts for grandchildren
Spendthrift provisions
Funeral and burial preferences
Organ donation wishes
Digital asset access instructions
Family business succession plans
No-contest clauses
Specific instructions for personal property distribution
Farm succession planning
If you die without an Illinois Last Will and Testament, Illinois's intestate succession laws (755 ILCS 5/2-1) determine who inherits:
If You Have Children:
Spouse inherits 50% and children inherit 50% IF all children are descendants of you and your spouse
Spouse inherits 50% and children inherit 50% IF you have children from another relationship
Children inherit per stirpes (by representation)
If You Have No Children:
Spouse inherits 100% IF you have no descendants
Spouse inherits 100% IF no descendants but parents or siblings survive
Children inherit everything equally (per stirpes if any are deceased)
Parents inherit if no children or descendants
Siblings inherit if no children, descendants, or parents
Grandparents inherit 50%, siblings of deceased parents inherit 50% if no closer relatives
Other relatives in order of consanguinity if no closer family
State of Illinois if no relatives found (escheat)
Illinois recognizes civil unions (with same rights as spouses), but does NOT recognize common law marriage. If you're in a long-term relationship but not legally married or in a civil union, your partner receives NOTHING under intestate succession—regardless of how long you've been together.
Half-blood relatives inherit the same as whole-blood relatives
Adopted children have same rights as biological children
Posthumous children (born after death) inherit
Non-marital children inherit from both parents if paternity established
Don't let Illinois's intestate laws make these decisions for you. Create your Illinois Last Will and Testament today.
Protect Your Loved Ones - Download Illinois Will Template Now - $14.95
Will: Covers all assets; requires probate; takes effect at death
TODI: Transfers real estate only; avoids probate; maintains lifetime control
Best Practice: Use BOTH—TODI for real estate, Will for everything else
Note: Illinois authorized TODIs in 2012 (755 ILCS 27/)
Learn more about Illinois Transfer on Death Instruments
Will: Less expensive; simpler; requires probate
Living Trust: Avoids probate; more expensive to create; requires asset retitling
Best Practice: Most Illinois residents start with a Will; upgrade to Trust for larger estates ($200K+)
Regular Will: Distributes assets directly to beneficiaries
Pour-Over Will: Transfers assets into an existing trust; still goes through probate
Best Practice: Pour-over Wills work with revocable living trusts to catch assets not transferred to trust during life
Will: Required for formal probate regardless of estate size
Small Estate Affidavit: Allows simplified transfer for estates under $100,000 (755 ILCS 5/25-1)
Best Practice: A Will is still essential even if your estate qualifies for small estate procedures
Illinois probate is required for estates that exceed the small estate threshold ($100,000) or that cannot use simplified procedures.
Illinois Probate Costs Typically Include:
Court filing fees: $300-$400 (varies by county; Cook County higher)
Executor fees: "Reasonable compensation" (typically 1-2% of estate)
Attorney fees: $3,000-$6,000+ depending on complexity
Bond: May be required unless waived in Will
Publication fees: $200-$300 for creditor notice
Additional costs: Appraisals, accounting, tax preparation
Example Illinois Probate Costs:
$200,000 Estate: $5,000-$8,000 in costs; 9-15 months
$500,000 Estate: $10,000-$15,000 in costs; 12-18 months
$1,000,000 Estate: $20,000-$30,000 in costs; 12-24 months
Illinois offers simplified procedures for smaller estates:
Small Estate Affidavit (755 ILCS 5/25-1):
Available if estate value is $100,000 or less
No court supervision required
Affidavit filed with entities holding assets
Much faster and less expensive than formal probate
Available after 30-day waiting period
Still requires payment of debts and proper distribution
Note: Even if your estate qualifies, having a Will ensures your wishes are clear and reduces family disputes.
Cook County (Chicago) has specific considerations:
Higher court fees than downstate counties
More formal procedures and documentation requirements
Busier court dockets (longer waits for hearings)
More scrutiny on executor accountings
Higher attorney fees due to complexity and cost of living
Get Your Illinois Will Template - $14.95
Whether you live in:
Cook County (Chicago, Evanston, Skokie, Oak Park, Arlington Heights)
DuPage County (Naperville, Wheaton, Downers Grove, Elmhurst, Lombard)
Lake County (Waukegan, Gurnee, Mundelein, Highland Park, Lake Forest)
Will County (Joliet, Bolingbrook, Romeoville, Plainfield)
Kane County (Aurora, Elgin, St. Charles, Carpentersville)
McHenry County (Crystal Lake, Algonquin, McHenry, Woodstock)
North Suburbs (Schaumburg, Palatine, Des Plaines, Mount Prospect)
West Suburbs (Oak Brook, Glen Ellyn, Carol Stream, Addison)
South Suburbs (Orland Park, Tinley Park, Oak Lawn, Homewood)
Northwest Suburbs (Buffalo Grove, Hoffman Estates, Streamwood)
Springfield Area (Sangamon County - state capital)
Champaign-Urbana (Champaign County - University of Illinois)
Peoria Area (Peoria County)
Rockford Area (Winnebago County)
Bloomington-Normal (McLean County - Illinois State University)
Decatur Area (Macon County)
Quad Cities (Rock Island, Moline - Rock Island County)
Metro East / St. Louis Metro (Madison County - Belleville, Alton, Edwardsville)
St. Clair County (East St. Louis, O'Fallon, Belleville)
Carbondale Area (Jackson County - Southern Illinois University)
Marion Area (Williamson County)
Danville Area (Vermilion County)
Quincy Area (Adams County)
Kankakee Area (Kankakee County)
Our Illinois Last Will and Testament template is compliant with Illinois law statewide and suitable for residents in all 102 Illinois counties, from Chicago to Cairo.
Download Your Illinois Will Template - $14.95
No. Illinois law allows you to create your own Will without an attorney, as long as you meet the legal requirements (age, capacity, proper execution with witnesses). Our Illinois Last Will and Testament template provides everything you need for a legally valid Will. However, you should consult an attorney if you have:
Complex estates (high value, multiple properties, business interests)
Blended families with children from multiple relationships
Special needs beneficiaries requiring supplemental needs trusts
Anticipated Will contests or family disputes
Complicated tax planning needs
Farm succession planning
Out-of-state property ownership
No. Illinois law does NOT require Last Wills to be notarized. However, adding a self-proving affidavit (which IS notarized) is highly recommended. The self-proving affidavit allows your Will to be admitted to probate without tracking down witnesses years later to testify. Our template includes the proper Illinois self-proving affidavit language per 755 ILCS 5/6-4.
Yes. Illinois recognizes holographic Wills (entirely handwritten and signed by the testator) as long as they're properly witnessed. However, Illinois holographic Wills still require two witnesses—unlike some states that allow unwitnessed holographic Wills.
Typed Wills with two witnesses are strongly recommended because:
They're easier to read and less likely to be misinterpreted
Handwriting can be challenged more easily
Professional appearance reduces likelihood of challenges
Two-witness Wills with self-proving affidavits are easier to probate
You can change your Illinois Will by:
Codicil: A separate document that amends specific provisions (must be executed with same formalities as original Will)
New Will: Creating an entirely new Will that revokes all prior Wills (recommended for significant changes)
Our template can be edited and re-executed as many times as needed. Store the most recent version safely and destroy old versions to avoid confusion.
YES, significantly:
Marriage/Civil Union: If you execute a Will and then marry (or enter civil union), the new spouse/partner receives their intestate share UNLESS the Will was made in contemplation of the marriage or expressly provides otherwise
Divorce/Dissolution of Civil Union: Illinois law automatically revokes ALL provisions benefiting a former spouse/partner (755 ILCS 5/4-7), including:
Bequests to the former spouse/partner
Appointment of former spouse/partner as executor
Any fiduciary appointments
Trust provisions for former spouse/partner
Legal Separation: Does NOT automatically revoke Will provisions (unlike divorce)
Best Practice: Update your Will immediately after any marriage or divorce
Illinois provides a homestead exemption protecting up to $15,000 in equity in a primary residence from creditors (735 ILCS 5/12-901). However:
This is a creditor protection, NOT an estate planning tool
Illinois does NOT have homestead protections limiting who you can leave property to (unlike Florida)
You can freely devise your home to anyone in your Will
Homestead exemption continues for surviving spouse and minor children
Not completely. Illinois law provides surviving spouses with:
Elective share: Right to renounce the Will and take 50% of the "elective share estate" (755 ILCS 5/2-8)
Homestead award: Right to occupy the home for duration of administration
Award in lieu of homestead: $20,000 if no homestead
Personal property award: $15,000 in personal property
Family support allowance: Support during estate administration (up to 9 months)
You cannot completely disinherit a spouse unless they waive their rights in a valid prenuptial or postnuptial agreement.
Yes:
Adult children: Can be completely disinherited (should be explicit in Will)
Minor children: Can be disinherited from property, but consider guardianship needs
Pretermitted children: Illinois protects children born or adopted AFTER Will execution (755 ILCS 5/4-10)
Best Practice: Explicitly state "I intentionally make no provision for [name]" to prevent claims of oversight
Illinois protects children born or adopted AFTER you execute your Will (755 ILCS 5/4-10):
Pretermitted children receive their intestate share UNLESS:
The omission was intentional and appears in the Will or revocable trust
The testator had other children and devised substantially all assets to the other parent
The testator provided for the child outside the Will
Best Practice: Update your Will whenever you have or adopt a child.
You'll need:
Primary Will: In your state of residence (typically Illinois)
Ancillary probate: In each state where you own real property
OR
Use state-specific Transfer on Death Instruments/Deeds to avoid ancillary probate
Transfer out-of-state property to a Living Trust
An Illinois Will is valid in other states, but you may face probate in multiple states if you own real estate outside Illinois.
No. Illinois repealed its estate tax in 2010. However:
Federal estate tax still applies to estates over $13.61 million (2024, indexed annually)
Most Illinois estates don't face estate taxes
Illinois has no inheritance tax
Illinois authorized TODIs for real estate in 2012 (755 ILCS 27/):
Allows transfer of real estate to beneficiaries without probate
Maintains full lifetime control (can be revoked anytime)
Must be recorded with county recorder before death
Alternative to joint tenancy or trusts for probate avoidance
Pairs perfectly with a Will for comprehensive estate planning
Yes. Illinois law allows fiduciaries to access digital assets (815 ILCS 57/):
Grant your executor access to digital assets
Specify which digital accounts should be managed or deleted
Provide usernames and access instructions (store separately, not in Will itself)
Our template includes provisions for digital asset management
Illinois has "anti-lapse" provisions (755 ILCS 5/4-11):
If a beneficiary who is your grandparent or a descendant of your grandparent predeceases you, their descendants take their place
This applies UNLESS your Will expresses a contrary intention
Example: If your child predeceases you, their children (your grandchildren) inherit their share
Best Practice: Name alternate beneficiaries to control distribution
Illinois has specific timeframes for Will contests:
6 months from admission of Will to probate (755 ILCS 5/8-1)
Contest must be filed within this timeframe or rights are barred
Grounds for contest include: lack of capacity, undue influence, fraud, improper execution
Get Your Illinois Last Will and Testament Template - $14.95
Our Illinois Will template is designed specifically for Illinois residents and includes:
Proper execution clause language per 755 ILCS 5/4-3
Illinois-compliant self-proving affidavit per 755 ILCS 5/6-4
Spousal elective share awareness and provisions
Pretermitted child protections per 755 ILCS 5/4-10
Civil union recognition provisions
Digital asset access provisions per Illinois law
Illinois-specific terminology ("representative" instead of "executor")
Access your template in the format that works best for you:
Microsoft Word: Full editing capability for customization
PDF: Fillable fields for quick completion
Google Docs: Cloud-based editing and sharing
Attorney-drafted Wills in Illinois typically cost $400-$2,000 for basic estate planning. Our template provides professional-quality language at a fraction of the cost: just $14.95 for instant download and lifetime access.
Our step-by-step guide covers:
How to complete each section
Illinois witness requirements
Self-proving affidavit execution
Common mistakes to avoid
When to consult an attorney
Storage and updating guidance
Illinois probate process overview
Small estate affidavit information
Download your template immediately and complete your Illinois Last Will and Testament today. Don't leave your family's future to chance or Illinois's intestate laws.
Download Illinois Last Will Template Now - $14.95
Your Illinois Last Will and Testament is the foundation of your estate plan, but consider these complementary documents:
Transfer your real estate to beneficiaries outside of probate while maintaining complete lifetime control. Illinois authorized TODIs in 2012—perfect companion to your Will for Illinois homeowners.
View Illinois Transfer on Death Instrument Forms
Transfer property to family members, add/remove spouses, or correct title issues. Commonly used alongside Wills for immediate property transfers.
View Illinois Quitclaim Deed Forms
Transfer property with full warranty of title. Illinois's most common deed type for property sales requiring financing.
View Illinois Warranty Deed Forms
Appoint someone to make medical decisions if you're unable. Required in Illinois (instead of Healthcare Surrogate or Advance Directive). Critical for ensuring your healthcare wishes are followed.
Authorize someone to manage your financial affairs if you become incapacitated. Essential document that works WITH your Will (not a substitute).
Document your end-of-life wishes regarding life-sustaining treatment. Provides clarity for family during difficult times.
Specify preferences for mental health treatment if you become unable to make decisions. Relatively new Illinois document.
Complete Estate Planning Package Available - Contact us for bundle pricing on all essential Illinois estate planning documents.
Creating your Illinois Last Will and Testament is one of the most important steps you can take to protect your family's future. For just $14.95, you get:
✅ Instant download access to all three formats (Word, PDF, Google Docs)
✅ Illinois-compliant template with proper execution language per 755 ILCS
✅ Self-proving affidavit for streamlined probate per 755 ILCS 5/6-4
✅ Step-by-step completion instructions for Illinois requirements
✅ Lifetime access to your purchase
✅ Updates and improvements at no additional cost
Don't wait until it's too late. Protect your loved ones, ensure your wishes are honored, and gain peace of mind knowing your estate plan is in place.
Download Your Illinois Last Will and Testament Form - $14.95
Need help completing your Illinois Last Will and Testament? We also offer:
Our experienced legal document preparers will:
Conduct intake interview about your wishes
Prepare customized Will based on your situation
Ensure compliance with all Illinois 755 ILCS requirements
Include self-proving affidavit
Provide execution instructions
Review for Illinois-specific considerations
Full-service Will preparation and execution including:
Customized document preparation
Mobile notary dispatch to your location (throughout Illinois)
Two qualified witnesses provided
Proper execution supervision
Self-proving affidavit execution
Original document delivery
We travel throughout Illinois—from Chicago to Carbondale, Rockford to the Quad Cities—to homes, hospitals, assisted living facilities, and nursing homes to ensure proper Will execution.
Need custom preparation? Contact us
Illinois has specific estate planning laws including:
Spousal elective share (50% of elective share estate)
Civil union recognition (same rights as marriage)
Pretermitted child protections
Small estate affidavit procedures ($100,000 threshold)
Transfer on Death Instrument availability (since 2012)
Property Power of Attorney for Health Care (specific to Illinois)
No state estate tax (repealed 2010)
Digital asset access laws
Our template addresses all Illinois-specific requirements.
Whether you're in:
Urban areas (Chicago, Aurora, Rockford, Joliet, Naperville)
Suburbs (all collar counties around Chicago)
College towns (Champaign-Urbana, Normal, Carbondale)
Mid-sized cities (Springfield, Peoria, Decatur)
Small towns (across 102 counties)
Rural areas (farming communities throughout Illinois)
Our template works for all Illinois residents regardless of location.
While Illinois probate is less expensive than some states (like California), it still costs:
$200K estate = $5,000-$8,000 and 9-15 months
$500K estate = $10,000-$15,000 and 12-18 months
Cook County probate typically more expensive and longer
Invest $14.95 today to ensure smooth estate administration and reduce family conflicts.
Protect Your Illinois Family - Download Template Now - $14.95
If your estate is under $100,000:
Beneficiaries can use small estate affidavit
No formal probate required
Much faster and less expensive
Still need a Will to direct distribution and avoid disputes
Illinois's TODI (authorized 2012):
Avoids probate on real estate
Maintains full lifetime control
Recorded with county recorder
Revocable anytime before death
Perfect complement to your Will
For married couples:
Real estate held in joint tenancy passes automatically
Bank accounts can be joint with survivorship
Avoids probate on jointly-held assets
Still need Will for remaining assets
Illinois law automatically adjusts for some changes (like divorce), but you should still update your Will after:
Marriage or civil union
Birth or adoption of children
Death of beneficiaries or executor
Significant asset changes
Moving to/from Illinois
Changes in relationships with beneficiaries
Some assets pass outside your Will through beneficiary designations:
Life insurance policies
Retirement accounts (401k, IRA, 403b, pensions)
Payable-on-death (POD) bank accounts
Transfer-on-death (TOD) securities
Transfer on Death Instruments (real estate)
Ensure beneficiary designations align with your Will to avoid family conflicts.
Illinois has significant agricultural land. Farm succession requires:
Clear identification of farm property
Business succession planning
Consideration of operating vs. non-operating heirs
Tax planning for farm property
Equipment and livestock distribution
Consultation with agricultural attorney
If you live in Cook County:
Higher court fees than downstate
More formal procedures
Longer probate timelines
Consider Living Trust for larger estates
Ensure proper Chicago-area property descriptions
Illinois recognizes civil unions with same rights as marriage:
Civil union partners have elective share rights
Intestate succession treats partners as spouses
Must be specifically disinherited if that's your intent
Update Will if entering or dissolving civil union
Legal Disclaimer
These templates are provided by Noble Notary & Legal Document Preparers for general informational use only. We are not attorneys, and no attorney-client relationship is created by your purchase. The forms are not a substitute for legal advice and may not be appropriate for every situation.
Creating a Last Will and Testament involves important legal decisions that affect your family and estate. You are solely responsible for ensuring the forms are lawful and appropriate for your specific circumstances under Illinois law. We strongly recommend consulting with a licensed Illinois estate planning attorney if you have:
Estates valued over $200,000
Complex family situations (blended families, children from multiple relationships)
Special needs beneficiaries requiring supplemental needs trusts
Business ownership or partnership interests
Farm property and agricultural succession needs
Out-of-state property ownership
Significant tax planning needs (federal estate tax over $13.61M)
Anticipated Will contests or family disputes
Questions about Illinois's spousal elective share
Forms are provided "as-is," without warranties of any kind. By purchasing, you agree that Noble Notary & Legal Document Preparers is not liable for any outcomes resulting from your use of these materials.
This template is designed for Illinois residents subject to Illinois Compiled Statutes (755 ILCS). It may not be appropriate for residents of other states.