Free Illinois Last Will and Testament
Build a complete Illinois will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Illinois's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Illinois will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Illinois notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
In Illinois a properly witnessed Will is automatically self-proved, so no separate affidavit is needed.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Illinois: In Illinois, the testator (18+ and of sound mind) signs the will, and two or more credible witnesses attest and sign in the presence of the testator. Illinois does not recognize holographic wills. A separate notarized self-proving affidavit is NOT required: under 755 ILCS 5/6-4, a will is admitted to probate on the strength of an attestation clause (or a witness affidavit) that is signed by the witnesses and forms part of or is attached to the will — so a properly attested Illinois will is effectively self-proved without a notary. Adding a notarized witness affidavit is optional but commonly done.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Illinois, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
Illinois does not give legal effect to a separate personal-property memorandum, so any specific items must be listed in this Will itself to be binding.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Illinois.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Illinois.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
How to Sign Your Will in Illinois
In Illinois, the testator (18+ and of sound mind) signs the will, and two or more credible witnesses attest and sign in the presence of the testator. Illinois does not recognize holographic wills. A separate notarized self-proving affidavit is NOT required: under 755 ILCS 5/6-4, a will is admitted to probate on the strength of an attestation clause (or a witness affidavit) that is signed by the witnesses and forms part of or is attached to the will — so a properly attested Illinois will is effectively self-proved without a notary. Adding a notarized witness affidavit is optional but commonly done.
Illinois requires 2 witnesses: Will must be in writing, signed by the testator (or by some person in the testator's presence and by the testator's direction), and attested in the presence of the testator by two or more credible witnesses (755 ILCS 5/4-3). Interested witnesses: a gift to a subscribing witness is void unless the will is otherwise attested by two disinterested witnesses, but the witness is otherwise competent (755 ILCS 5/4-6).. Your will does not need to be notarized to be valid.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. In Illinois, a correctly witnessed will is automatically self-proved, so you do not need a separate affidavit.
Can You Use a Handwritten (Holographic) Will in Illinois?
No. Illinois does not recognize holographic (handwritten, unwitnessed) wills — a handwritten note will not work. Your will must be typed and signed in front of 2 witnesses, which is exactly what this generator produces.
Spousal and Family Protections in Illinois
Can you disinherit your spouse? You CANNOT fully disinherit a spouse. Illinois is NOT a UPC augmented-estate state; instead the surviving spouse may RENOUNCE the will and take a forced share of the probate estate: ONE-THIRD (1/3) of the entire estate if the testator left a descendant, or ONE-HALF (1/2) if the testator left no descendant. The renunciation must be filed within 7 months after the will is admitted to probate. The forced share reaches only the PROBATE estate (Illinois has no augmented-estate reach), so non-probate transfers generally escape it.
Children born after your will: Illinois protects an AFTER-BORN/after-adopted child not provided for: under 755 ILCS 5/4-10, a child born or adopted after the will is executed, for whom no provision is made, takes the portion of the estate they would have received had the testator died intestate, unless it appears the omission was intentional. (Note: a child merely living-but-omitted at execution generally takes nothing in Illinois.) This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: Illinois anti-lapse: if a devisee who is a descendant of the testator (or, by statute, a descendant of the testator's parent) predeceases the testator leaving descendants who survive, the gift passes per stirpes to those descendants unless the will expresses a contrary intent. Generator should add an express alternate-taker clause. The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: Illinois has NOT adopted the UPC 120-hour will-survival default. Under the Illinois Simultaneous Death rule (755 ILCS 5/3-1), if devisee and testator die and the order cannot be determined, the property passes as if the testator survived. There is no general 120-hour buffer for ordinary devises, so the generator should draft an explicit survivorship period (30–60 days). The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: Illinois enforces no-contest (in terrorem) clauses, but they are construed strictly against forfeiture, and Illinois courts recognize a good-faith / probable-cause exception (a clause will not be enforced against a beneficiary who contested in good faith with probable cause). Largely case-law-based (no controlling UPC statute).
Digital assets: Illinois has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: Illinois does not give legal effect to a separate personal-property memorandum, so list any specific items in the will itself.
What Happens If You Die Without a Will in Illinois?
Illinois keeps it simple: with a spouse and any children, the estate splits 50/50 between the spouse and the descendants (the children share their half per stirpes), no matter how many children there are or whether they are from another relationship. With a spouse but no children, the spouse inherits everything. With no spouse, the children inherit everything.
- Spouse, no children: Entire estate. If there is a surviving spouse but no descendant of the decedent, the spouse takes the whole estate.
- Spouse and shared children: One-half (1/2) to the surviving spouse and one-half (1/2) to the decedent's descendants per stirpes.
- Spouse and a child from another relationship: Same rule. Illinois does NOT distinguish stepchildren: the spouse takes one-half and the decedent's descendants take one-half per stirpes regardless of whether a child is from another relationship.
- Children, no spouse: No spouse: the entire estate passes to the decedent's descendants per stirpes.
- No spouse or children: To the decedent's parents and siblings in equal parts, with a surviving parent who is alone taking a double portion; if no parents or siblings, the estate is split one-half to the maternal and one-half to the paternal grandparents (or their descendants); then to great-grandparents and their descendants; finally to the nearest kindred, then escheat.
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: 755 ILCS 5/2-1.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in Illinois?
Yes, if you sign it correctly. Illinois requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Illinois will need to be notarized?
No. Illinois does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Illinois will need?
2 witnesses. Will must be in writing, signed by the testator (or by some person in the testator's presence and by the testator's direction), and attested in the presence of the testator by two or more credible witnesses (755 ILCS 5/4-3). Interested witnesses: a gift to a subscribing witness is void unless the will is otherwise attested by two disinterested witnesses, but the witness is otherwise competent (755 ILCS 5/4-6). They should be adults who do not inherit under the will.
Can I leave my spouse out of my Illinois will?
You CANNOT fully disinherit a spouse. Illinois is NOT a UPC augmented-estate state; instead the surviving spouse may RENOUNCE the will and take a forced share of the probate estate: ONE-THIRD (1/3) of the entire estate if the testator left a descendant, or ONE-HALF (1/2) if the testator left no descendant. The renunciation must be filed within 7 months after the will is admitted to probate. The forced share reaches only the PROBATE estate (Illinois has no augmented-estate reach), so non-probate transfers generally escape it.
What happens if I die without a will in Illinois?
Illinois keeps it simple: with a spouse and any children, the estate splits 50/50 between the spouse and the descendants (the children share their half per stirpes), no matter how many children there are or whether they are from another relationship. With a spouse but no children, the spouse inherits everything. With no spouse, the children inherit everything.
Does a Illinois will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in Illinois?
Generally 18. Must be 18 or older and of sound mind and memory (755 ILCS 5/4-1). You must also be of sound mind.
Can I write my will by hand in Illinois?
No. Illinois does not recognize handwritten, unwitnessed wills. Your will must be typed and properly witnessed.
Do I need a lawyer to make a will in Illinois?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Illinois requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Illinois estate-planning attorney. RecordingLaw.com is not a law firm.
Know someone who could use this? Share this free tool: