Illinois wills
How to make a will in Illinois
What Illinois law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Illinois will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available |
| Electronic wills | Allowed |
| Witnesses by live video | Allowed, with conditions |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | No |
| State estate or inheritance tax | Estate tax over $4,000,000 |
How to sign a will in Illinois
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (755 ILCS 5/4-3)
- Make it self-proving. You and your witnesses sign a short self-proving statement, with no notary needed, so the court won't need to find your witnesses later. (755 ILCS 5/6-4)
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind. (755 ILCS 5/4-1(a))
Witness rules
The will must be in writing, signed by the testator (or by someone in the testator's presence and at the testator's direction), and attested in the testator's presence by two or more credible witnesses. The statute does not require witnesses to sign in each other's presence. (755 ILCS 5/4-3)
If a witness inherits: A gift to a witness or the witness's spouse is void unless the will is otherwise attested by enough other witnesses, but the witness may still take up to his or her intestate share (755 ILCS 5/4-6(a)).
Handwritten wills
Not recognized; every will must be attested by two credible witnesses (755 ILCS 5/4-3).
Self-proving affidavit
No notary is needed. Each witness's statement that he or she saw the testator sign (or acknowledge), attested in the testator's presence, and believed the testator of sound mind may be made by an attestation clause signed by the witness, or a witness affidavit attached to the will. That proves execution without testimony. (755 ILCS 5/6-4)
Can I sign my will online in Illinois?
Yes, electronic wills are allowed. Remote attestation by audio-video is allowed for electronic wills and for paper wills. The will must designate Illinois as its place of execution, and the two witnesses must be located in the United States. Witnesses must determine the testator's identity (personal knowledge, government ID, photo ID or identity proofing). Separate witness signature pages, attestation clauses or affidavits must be attached within 10 business days. Someone signing for the testator cannot be a witness, a beneficiary, or a beneficiary's spouse or child (755 ILCS 6/5-5, 6/15-10, 6/15-15, 6/20-20). (Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act, 755 ILCS 6/ (P.A. 102-167; amended by P.A. 103-301))
In effect since July 26, 2021 (P.A. 102-167); renamed and expanded effective Jan. 1, 2024 (P.A. 103-301).
Online notarization: Remote notarization is permanent, but the signer must be physically in Illinois. Illinois wills do not need a notary: proof is by the witnesses' attestation clause or affidavit, and remote witnessing runs under 755 ILCS 6, not the notary statute. (5 ILCS 312/6-102.5 (P.A. 102-160, effective June 5, 2023); rules at 14 Ill. Adm. Code 176 Subpart H)
Online notary services such as Proof can host a signing session with a notary and, for a fee, witnesses (published prices start at about $25 per notarization plus $15 per witness). Before you sign, confirm the service supports will signings under Illinois law, and keep the signed original as the law requires. How online will signing works.
Good to know in Illinois
The Illinois Secretary of State will depository (15 ILCS 305/5.15) is only for Illinois attorneys holding a will whose testator they cannot locate ($15); individuals cannot deposit their own will. After a death, whoever holds the will must file it immediately with the circuit court clerk (755 ILCS 5/6-1).
Estate and inheritance taxes
Illinois has a state estate tax on estates worth more than about $4,000,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Illinois will questions
Does a will need to be notarized in Illinois?
No. Two witnesses make a Illinois will valid, and Illinois's self-proving statement doesn't need a notary either.
Are handwritten wills legal in Illinois?
Not recognized; every will must be attested by two credible witnesses (755 ILCS 5/4-3).
Can a beneficiary witness a will in Illinois?
A gift to a witness or the witness's spouse is void unless the will is otherwise attested by enough other witnesses, but the witness may still take up to his or her intestate share (755 ILCS 5/4-6(a)).
Can I make a will online in Illinois?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Illinois also allows electronic wills, and witnesses can take part by live video under conditions in state law.
Does Illinois have an estate or inheritance tax?
Illinois has a state estate tax on estates worth more than about $4,000,000 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- 755 ILCS 5/ Probate Act of 1975 (Art. IV §§ 4-1, 4-3, 4-6; Art. VI §§ 6-1, 6-4) (Illinois General Assembly)
- 755 ILCS 6/ Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act (print)
- 5 ILCS 312/6-102.5 Remote notarial acts
- 15 ILCS 305/5.15 Deposit of wills (Secretary of State)
Last reviewed October 24, 2026 against Illinois statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Illinois attorney.
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