An Illinois last will and testament is a legal document used by a testator (person to whom the will belongs) to indicate how their estate should be distributed upon death. A testator can draft a will with clear instructions on how to disperse fiduciary assets/funds, real and personal property, and even digital property among their designated beneficiaries. This document is utilized to ensure loved ones inherit the portion of the estate that the testator intended; otherwise, Illinois succession laws determine who inherits the deceased’s property when there is no will in place. In Illinois, wills must be signed by two (2) witnesses who acknowledged the testator sign the document. A testator also has the option to notarize the document for an additional layer of legal protection.
Table of Contents |
Laws
Definition – 755 ILCS 5/1-2.18 – “Will” includes testament and codicil.
Signing Requirements (Section 755 ILCS 5/4-3) – Testator must sign in the presence of two (2) or more witnesses. Both witnesses must sign the document.
Statutes – 755 ILCS 5 (Probate Act of 1975)
(Video) How to Make a Will in Illinois
How to Write
Step 1 – Establishment of the Testator -Write or type the full legal name of the testator (the person for whom the will is being established) at the top of the document. Enter the following information:
- Name of Testator
- City of Residence
- County of Residence
- Testator must carefully review the remainder of the paragraph as well as the Expenses and Taxes section
Step 2 – Nomination and Appointment of Personal Representative (Executor)–
- Enter the full legal name of the executor
- Name of executor’s city
- County
- State
Alternate Executor – just in the event the initial representative becomes unable or unwilling to serve as the initial chosen representative to the estate
- Enter the full legal name of the alternate executor
- Name of executor’s city
- County
- State
Step 3 – Disposition of Property to Beneficiaries –
1 st Beneficiary
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of their SSN
- Enter the property being bequeathed
- AND
2nd Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
- AND
3d Beneficiary –
- Full legal name
- Current address
- Relation to testator
- Enter the last four digits of SSN
- Enter the property being bequeathed
The Testator must review the remaining information pertaining to how property is distributed in the event any member of their group of beneficiaries pre-decease the testator.
Step 4 – Testator must carefully review the following sections prior to any application of signatures:
- Omission
- Bond
- Discretionary Powers of Personal Representative A through K
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – All signatories must be present prior to any signing of this documentation. Enter the following:
- Enter the testator’s name
- Date of testator’s signature in dd/mm/yyyy format
- Testator Signature
- Testator (Printed Name)
Witnesses – The witnesses must review the brief statement –
- Date the document in dd/mm/yyyy format
- Enter the name of the testator
Witness 1 –
- Witness Signature
- Address
Witness 2 –
- Witness Signature
- Address
Step 6 – Testament Affidavit – All parties must review the affidavit and complete the following:
- State
- County
- Name of testator
- Name of Witness 1
- Name of Witness 2
- AND ENTER
- Testator Signature
- Witness 1 Signature
- Witness 2 Signature
Step 7 (Optional) – Notarization – As the notary public has witnessed all signatures they shall complete the remainder of the document and authenticate it by affixing their commission and state seal
Related Forms
Advanced DirectiveDownload: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word, OpenDocument