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Anyone who is at least 18 years old can make a will in Illinois if they are of ?sound mind and memory? (testamentary capacity). The person making the will can appoint an estate executor in the will who will carry out its terms and handle their affairs.
However, for small estates, an attorney is optional, although it is generally advisable to seek counsel. A formal probate court proceeding is necessary in Illinois only if the deceased person's assets meet specific requirements, such as the total value of the assets and how they are held.
Yes. Illinois residents do not need an attorney to create a will. As long as you have testamentary capacity, know what property you have, and who you want to have that property, then you may make a will in Illinois.
Generally, you must: Write an Introduction. Select an Executor. Identify Your Heirs and Beneficiaries. Nominate a Guardian for Your Minor or Dependent Children. Assess and Divide Your Property. State Your Funeral Wishes (If You Have Any) Sign and Notarize the Document.
Do I Need to Have My Will Notarized? No, in Illinois, you do not need to notarize your will to make it legal. Many states allow you to make your will "self-proving," which allows the probate court to accept the will without contacting your witnesses.