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Illinois is strict about paper and modern about pixels: a traditional will needs two credible witnesses signing in your presence and handwritten wills without witnesses are invalid — yet Illinois has allowed fully electronic wills and remote witnessing since 2021. The intestacy rule is the bluntest of any large state: with children, your spouse gets exactly half — no setaside, no first-marriage exception. Online services prepare an Illinois-specific will for $199–$299. Every rule below cites the Illinois Compiled Statutes.
In Illinois, dying without a will splits everything 50/50 between your spouse and your kids — first marriage or not.
A finished will replaces that arithmetic with your actual wishes. An online service like Trust & Will prepares an Illinois-specific will with the witness pages ready to sign.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Illinois Will Requirements (2026)
755 ILCS 5/4-3 sets the execution rules:
| Requirement | Illinois rule | Statute |
|---|---|---|
| In writing | A written document — or a compliant electronic will (below) | 5/4-3; 755 ILCS 6 |
| Signed | By you, or by someone in your presence and at your direction | 5/4-3 |
| Witnessed | Two or more credible witnesses attesting in your presence | 5/4-3 |
| Notarized | Not required for validity — witness affidavits handle probate proof | 5/6-4 |
Who can make a will: anyone 18 or older, of sound mind and memory (5/4-1). A will meeting the Uniform International Wills Act also qualifies (5/4-3(b)) — relevant for Illinoisans with assets abroad.
Handwritten Wills Without Witnesses Are Invalid in Illinois
Illinois does not recognize holographic wills. The two-witness attestation applies to every will, however written — a signed handwritten document with no witnesses, valid across the border in Michigan or Missouri‘s neighbor states that allow it, is just paper here. A handwritten will with the full two-witness ceremony is fine; handwriting is never a substitute for witnesses in Illinois.
Electronic Wills and Remote Witnessing: Legal Since 2021
Illinois leapfrogged its own strictness with the Electronic Wills and Remote Witnesses Act (755 ILCS 6, effective July 26, 2021): an electronic will may be signed with electronic signatures and attested by two credible witnesses, and witnessing may happen remotely under a strict procedure — the witness verifies the signer’s identity, electronic records must be tamper-evident, and attestation paperwork lands within ten business days (§§ 6/15, 6/20-20). Remote witnessing is available for paper documents too. As everywhere, the paper-and-people ceremony remains the simplest path through probate — but in Illinois the electronic route is enacted law, not a proposal.
Dying Without a Will in Illinois: The Flat 50/50 Split
Illinois has the bluntest intestacy rule of any large state (755 ILCS 5/2-1):
| Your situation | What happens without a will |
|---|---|
| Married, no descendants | Spouse takes everything (2-1(c)) |
| Married with children — any children, first marriage or blended | Spouse takes one-half; your descendants take the other half per stirpes (2-1(a)) |
| Single with children | Everything to your descendants (2-1(b)) |
| Single, no children | Parents and siblings share — a surviving parent takes a double portion (2-1(d)) |
No setaside, no exception. New York at least gives the spouse $50,000 off the top; Illinois just cuts the estate in half. A widowed parent with two minor children co-owns everything — including the house — with children whose shares may need court supervision until 18, then pass outright at exactly that age. The double-portion-for-parents rule in the last row is its own oddity: die single and childless, and your surviving parent takes twice a sibling’s share. A one-page will replaces all of it.
What a Will Costs in Illinois
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten, no witnesses | $0 | Invalid in Illinois |
| Online service | $199 individual / $299 couple | Illinois-specific will with witness pages, done in about an hour |
| Illinois attorney | Flat fees vary — Chicago and the collar counties run highest | Custom drafting and counsel |
Online pricing verified against Trust & Will’s published rates (August 2026). The Illinois bar publishes no fee survey, so we quote no attorney figures we can’t source. See how Illinois compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What an Illinois Will Does Not Do
1. A will does not avoid probate. Illinois probate is formal and attorney-driven, and estates over $100,000 (or with real estate) generally can’t use the small-estate affidavit. That’s the living trust’s case here: see what a living trust costs in Illinois.
2. A will does not reduce the Illinois estate tax. Illinois taxes estates above $4 million — with no portability between spouses, which makes trust-based planning unusually valuable for Illinois couples. The will is the floor, not the plan.
3. A will does not cover incapacity, and does not override beneficiary designations. Pair it with a durable power of attorney and healthcare directives — see the five documents every family needs — and keep beneficiary forms current.
Will vs. Trust for Illinois Families
Every Illinois adult needs a will — the flat 50/50 split above makes the case for any married parent. And Illinois is one of the states where the trust conversation is genuinely about money, not just convenience: formal probate, a $4 million estate tax with no spousal portability, and Chicago-area home values stack the case. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Illinois living trust cost guide.
If the will is what you need today, Trust & Will’s Illinois package includes the witness pages, guardianship nominations, and healthcare documents — build your Illinois will here.
FAQ
Does a will have to be notarized in Illinois?
No. Validity takes your signature and two credible witnesses attesting in your presence (5/4-3). Witness affidavits handle the probate proof (5/6-4).
Are handwritten wills legal in Illinois?
Only with witnesses. Illinois does not recognize unwitnessed holographic wills — handwriting plus the full two-witness ceremony is valid; handwriting alone is not.
Can I make an electronic will in Illinois?
Yes — since July 26, 2021, under the Electronic Wills and Remote Witnesses Act (755 ILCS 6): electronic signatures, two credible witnesses, and optional remote witnessing under a strict identity-verification and documentation procedure.
What happens if I die without a will in Illinois?
With children, your spouse takes exactly half and your descendants take the other half — no dollar setaside, first marriage or not (5/2-1(a)). Without children, your spouse takes everything.
Can my witnesses be beneficiaries?
Bad idea — Illinois requires “credible” (disinterested) witnesses, and a gift to an attesting witness is at risk of being voided. Use two adults with no stake in the will.
Does a will avoid probate in Illinois?
No — a will goes through Illinois’s formal probate. Living trusts, beneficiary designations, transfer-on-death instruments, and joint titling are the tools that pass property outside the process.
Illinois Law Cited on This Page
- 755 ILCS 5/4-1 — capacity of testator
- 755 ILCS 5/4-3 — signing and attestation
- 755 ILCS 5/2-1 — rules of descent and distribution
- 755 ILCS 6/20-20 — Electronic Wills and Remote Witnesses Act, admission rules
Update log — August 2026: page created; all statutory requirements verified against the Illinois Compiled Statutes at ilga.gov. Reviewed when Illinois law changes.