Making a will in Illinois
A will says who receives what you leave and who looks after it. Here is what Illinois law requires, and what happens if you do not have one.
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General information about Illinois law as of October 23, 2026. It is not legal advice for your situation, and reading it does not create an attorney-client relationship.
Do I need a will in Illinois?
No law makes you write one. Without one, Illinois law decides who inherits, by a fixed order of family members (755 ILCS 5/2-1). That order has no place for a friend, a charity or a partner you are not married to.
What happens if you die without a will in Illinois?
After the debts are paid, a surviving spouse takes half and the descendants share the other half. With a spouse and no descendants, the spouse takes everything; with descendants and no spouse, they take everything. Without either, it passes to parents, brothers and sisters, then more distant relatives (755 ILCS 5/2-1).
Does a will have to be notarized or witnessed in Illinois?
Witnessed, yes. A will must be in writing, signed by you (or by someone else in your presence and at your direction), and attested in your presence by two or more credible witnesses (755 ILCS 5/4-3). That section does not call for a notary.
Who can make a will in Illinois?
Anyone 18 or older who is of sound mind and memory (755 ILCS 5/4-1).
Can I name a guardian for my children in my will?
Yes. A parent may name, in any writing including a will, the person they want appointed guardian of an unmarried minor child. The writing needs two witnesses aged 18 or over, neither of them the person named. The court still makes the appointment, and naming a guardian does not change the other parent's rights (755 ILCS 5/11-5).
Does divorce cancel my will in Illinois?
Not the whole will. A divorce judgment cancels what an earlier will leaves to the former spouse, including any power of appointment or role as executor, and the rest reads as if the former spouse had died first. Marriage and other changes in your circumstances do not revoke a will on their own (755 ILCS 5/4-7).
How do I change or cancel a will?
By signing a new will that revokes it, by a signed and witnessed document that says so, or by destroying the original yourself or having someone do it in your presence at your direction (755 ILCS 5/4-7).
When to call Rick
Call Rick when you marry or divorce, when a child is born, or when you buy a home or start a business. See Estate planning or call (815) 986-1569.
Before you sign, plead or pay, talk with Rick.
Call (815) 986-1569, or email [email protected] and say how you would like to be reached.
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