In Illinois, anyone over 18 with clear mental faculties can create a will, but it must be witnessed by two impartial individuals to hold up in court. We also cover the legality of handwritten and electronically created wills, and why drafting a will without legal assistance could lead to unintended consequences.
The original Will must be filed with the Circuit Clerk's Office. Wills cannot be filed electronically. Wills cannot be filed prior to death. The petition to have a Will probated (if applicable) and the original Will can be filed at the same time.
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This statement of the decedent's intent is commonly known as that person's "Will." Under Illinois law, it is required that any person who possesses the Will of a decedent file it with the Clerk of the Circuit Court of the county in which that individual resided within 30 days after the death of the testator is known to ...