Illinois Last Will and Testament
Generate a last will and testament tailored to Illinois law. Our AI incorporates IL-specific statutory requirements, disclosure obligations, and legal standards into every document.
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Illinois Legal Requirements
Key IL statutes and obligations that apply to your last will and testament.
Requirements
- Illinois Compiled Statutes 755 ILCS 5/4-3 governs will execution
- Two credible witnesses required — must sign at testator's request
- Testator must sign in the presence of both witnesses (or acknowledge prior signature)
- Self-proving affidavit speeds probate — recommended
- Testator must be 18+ and of sound mind
Restrictions & Limits
- Holographic wills are NOT recognized in Illinois — must be witnessed
- Elective share: surviving spouse entitled to 1/3 of estate if children exist; 1/2 if no children
- Illinois estate tax applies to estates over $4 million (2024)
Official Statute References
Primary Illinois statutes governing this document type.
Illinois Last Will and Testament FAQ
Common questions about last will and testaments under Illinois law.
Does Illinois have a state estate tax?
Yes. Illinois imposes a separate estate tax on estates exceeding $4 million (not indexed for inflation). The tax rate ranges from 0.8% to 16%. This threshold is significantly lower than the federal $13.61 million exemption, making Illinois estate planning important for moderately affluent individuals.
What is the elective share for a surviving spouse in Illinois?
Under 755 ILCS 5/2-8, a surviving spouse can elect to receive 1/3 of the estate if the decedent left descendants, or 1/2 if there are no descendants. This prevents a spouse from being completely disinherited.
Are holographic wills valid in Illinois?
No. Illinois does not recognize holographic wills (handwritten, unwitnessed wills). An Illinois will must be witnessed by two credible adults who are present when the testator signs or acknowledges the will. Always use a typed, witnessed will in Illinois.
How does Illinois probate work?
Illinois wills are admitted to probate in the Circuit Court of the county where the decedent lived. Illinois offers supervised and independent administration. Small estates (under $100,000, no real estate) can use an affidavit process to avoid probate entirely.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.