Wills
Illinois Last Will and Testament
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Illinois Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

It's not always enough to just write what assets you own and who would inherit them. A legal Illinois last will and testament is essential for the estate planning process to avoid any problems. Your loved ones could still go back and forth through the probate process even if you have written what you want.

The essence here is to make a legal and valid last will that would uphold in court. You could list everything down to decide what would happen to your estate, your kid's guardian, your executor, and who would inherit everything. Therefore, you should waste no time creating an online will Illinois that would be valid and legal.

Table of contents

1. Requirements for an Illinois Last Will and Testament  

2. Who can be your witnesses?

3. Illinois rules for a personal representative

4. Illinois Last Will and Testament Notarization

5. Last Will Revocation rules

6. Last Will Amendment rules

7. Illinois rules for divorce after making your last will

8. What happens if you don't have a will in Illinois?

9. How can TrulyWill help with your online will?

Requirements for an Illinois Last Will and Testament

  • Written will: The Illinois last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. Furthermore, Illinois doesn't allow written or holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for an Illinois last will must understand the will-making procedure, nature of their estate, and beneficiaries. For their Illinois will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make your last will and testament Illinois legal, you must sign it before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will before the testator. 

Who can be your witnesses for an Illinois Last Will and Testament?

Your witnesses for an Illinois last will must follow these conditions:

  • Illinois allows anyone competent to become a witness. 
  • They must be able to testify about what they witnessed and the will-making process.
  • Illinois also allows beneficiaries to be witnesses for an Illinois will only if two other disinterested witnesses are present. 

Illinois rules for a personal representative or an executor 

Choosing an executor for your Illinois last will would be better than leaving it to an uncertain probate process. However, your Illinois will executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. Illinois restricts people convicted of a felony from being executors.
  4. Illinois allows you to choose someone out of state as your executor. 

Illinois Last Will and Testament Notarization 

There's no need to notarize your Illinois last will and testament. However, you make a self-proving will to speed up the probate process. Here's how you can do that:

  • You only need to sign your Illinois will and follow the witness requirements to make it self-proving 

Last Will Revocation in Illinois 

You could follow any of the these methods to revoke your Illinois last will and testament:

  • Destroy your Illinois will by tearing, burning, obliterating, shredding.
  • Asking someone to destroy the last will before you and two witnesses 
  • Making a new legal will, which revokes any part or the entire previous will.
  • Making a new Illinois will that contradicts the previous one.
  • Create a legal document that states the revocation of your Illinois last will and testament by following the same conditions for making a new will.

Last Will Amendment rules Illinois. 

If you wish to make a few minor and simple changes to your Illinois will, you can do it through a Codicil. It enables you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Illinois rules for divorce after making your last will

  • Illinois law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 

What happens if you don't have a will in Illinois?

Here's what you should know about Illinois intestate succession rules:

Case

What happens 

Have children, no spouse 

Children inherit everything 

Have a spouse, no children 

Spouse inherits everything 

Has a spouse and children 

Spouse inherits one-half, children inherit the other half

Has parents, no children, no spouse, no siblings 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has parents and siblings 

Parents and siblings equally inherit the estate

If there's only one living parent, they get double the share

How can TrulyWill help with an online Will and Testament?

You must have realized the necessity of having a legal will before you die. However, it can still be daunting if you go through the lawyers and spend thousands of dollars. You should opt for a reliable platform like TrulyWill to create a last will and testament online.

This attorney-backed platform can help you make your will without spending all your savings. You can clear your doubts regarding an online will with TrulyWill. It's an easy-to-use tool that allows everyone to create their will with simple steps. 

So, begin the work and build your Illinois last will and testament with TrulyWill. 

What else can TrulyWill do?

TrulyWill can help you create your will with just a few questions and a fraction of the cost of a lawyer. You get professional support from experts and create a legal will for your state. TrulyWill is a platform that anyone can use to create a will.

It would be the perfect option even if you have a few assets or a large estate. You could opt for a one-on-one consultation to clear your doubts or create your will all by yourself. The platform is user-friendly, where you can handle your assets by answering a few questions and paying a small fee.

You would have your online last will in these simple three steps:

  • Answer the questions and add details to the platform. It's easy and entirely jargon-free.
  • Review your details and correct any errors. Follow our instructions to make your will legally valid.
  • Download your will, and that's all!

Create an online last will now and secure your estate!

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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Can I write down my wishes and consider them a legal will?
Several states do not allow a self-written will unless you've followed the requirements. It would always be better to create a legal will by following all your state rules.
What would happen to my estate if I had no immediate family?
If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.
Do I need to have a certain amount of money to make a will?
No, there's no minimum limit of money you need to have to make your last will. It would dispose of any assets you leave to the beneficiaries.
Is it an expensive procedure to make a will?
Traditional will-making processes can be pretty expensive. However, with online tools and platforms, you can do it in an affordable way.
Can I decide who would look after my minor children in my will?
Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.
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