What Makes a Will Valid in Illinois?

Creating a will is one of the most important steps you can take to protect your assets and ensure your wishes are honored after death. In Illinois, a will must meet specific legal requirements to be recognized as valid by the probate court. Whether you’re starting your first draft or updating an existing will, understanding these requirements can help avoid ambiguity, disputes, and delays in the probate process for your loved ones. Here’s everything you need to know about what makes a will valid in Illinois.

Basic Requirements for a Valid Will in Illinois

Under Illinois law (755 ILCS 5/4-1), a valid will must meet the following criteria:

• Age and Mental Capacity of Testator: The person creating the will (testator) must be at least 18 and of sound mind and memory. They must understand the nature of the document, the extent of their assets, and the identity of their heirs.

• In Writing: Illinois does not recognize oral wills; the document must be either typed or printed. Handwritten wills (holographic wills) are also not valid unless they meet the same witnessing requirements as typed wills.

• Witnessing Requirements: Two credible witnesses must be present at the time the will is signed or acknowledged by the testator. They must also sign the will in the presence of the testator and each other. Ideally, witnesses should not be named beneficiaries, as their inheritance could be challenged or reduced as a result.

• Must Be Signed: The testator must sign the will or direct someone else to sign it in their presence at their request. This ensures the will reflects their own intent.

Self-Proving Affidavits

While not required, self-proving affidavits are notarized statements signed by the testator and witnesses that affirm the will was properly executed. They can help streamline the probate process by eliminating the need for witnesses to testify in court. Many Illinois residents include a self-proving affidavit in their estate plan for this reason. However, your will will still be valid without one.

Mistakes That Could Invalidate a Will

Failing to have the proper number of witnesses, allowing beneficiaries to serve as witnesses, or not updating your will after major life events like marriage, divorce, death, or birth in the family are common mistakes made by Illinois residents when putting together their will. While a little education on the matter goes a long way, the best way to ensure your will is correctly put together is by hiring an estate planning attorney. These lawyers will guide you through the process step-by-step, ensuring every detail complies with Illinois laws and guidelines.

Need an Estate Planning Attorney in the Chicagoland Area?

Zapolis & Associates has a team of estate planning attorneys ready to help you craft the perfect, valid will in Illinois. Whether you’re updating a will or starting from scratch, we will ensure your wishes are clear and your assets protected, simplifying the probate process for your loved ones. We proudly serve clients in Frankfort, Orland Park, Tinley Park, and surrounding areas. When you’re ready to start putting together your will, contact Zapolis & Associates to set up a consultation!