Illinois Instructions for Execution of Simple Will
What is this form?
The Instructions for Execution of Simple Will provides clear guidelines on how to fill out and execute a simple will. This form is designed for individuals who possess limited assets and need a straightforward approach to creating a valid will. Unlike more complex estate planning tools, this document helps ensure that your wishes regarding asset distribution are properly documented and legally recognized.
Form components explained
- Assembling three adult witnesses, who cannot be beneficiaries or related to beneficiaries.
- Testator's declaration to witnesses of their intention for the document to serve as their will.
- The Testator must date and sign the will in the presence of all witnesses.
- Witnesses are required to sign the original will while in the presence of the Testator and each other.
- Returning a copy of the signed will to the attorney with witness details for proper record-keeping.
When to use this form
This form is ideal for individuals with fewer assets or straightforward estate plans. You should use it if you want to create a will to designate how your property will be distributed after your death, and you want to ensure that it meets legal standards. It's particularly useful for those who may be new to estate planning and require guidance on the execution process.
Intended users of this form
- Individuals with limited assets looking for an easy way to create a will.
- First-time will makers who need step-by-step instructions.
- Those wishing to ensure their final wishes are clearly documented and respected.
Steps to complete this form
- Gather three adult witnesses who are not beneficiaries of the will.
- Communicate your intention to create a will to the witnesses clearly.
- Date and sign the will in the presence of the witnesses.
- Have all witnesses sign their names and addresses on the original will.
- Send a copy of the signed will to your attorney with necessary witness information.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Choosing witnesses who have a stake in the will, which may invalidate it.
- Failing to sign the original document in front of all witnesses.
- Not providing complete information when returning the will to the attorney.
Why use this form online
- Convenience of downloading the form at any time.
- Editability allows you to customize the document to meet your specific needs.
- Access to professionally drafted legal templates ensures reliability and compliance with legal standards.
What to keep in mind
- The Instructions for Execution of Simple Will guides users through the process of creating a valid will.
- Follow the witnessing requirements strictly to avoid legal complications.
- Ensure clear communication and documentation when returning the will to your attorney.
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FAQ
A will doesn't have to be notarized to be valid. But in most states, you'll want to add a self-proving affidavit to your will, which must be signed by your witnesses and notarized.If you sign your will in a lawyer's office, the lawyer will provide a notary public.
File the Will in Probate Court and Notify Beneficiaries. The probate process begins when a petition is filed in the local probate court to place the will into probate and appoint an executor of the estate. Give Notice to Creditors. Take Inventory of Assets. Pay Expenses From the Estate. Distribute Assets to Beneficiaries.
Proofread the Will. Arrange for Witnesses. Arrange for a Notary Public. Gather Everyone and Explain What's Going On. Initial, Sign, and Date the Will. Have the Witnesses Initial and Sign the Will. Sign the Self-Proving Affidavit. Store the Will Safely.
Find an online template or service. Make a list of your assets. Be specific about who gets what. If you have minor children, choose a guardian. Give instructions for your pet. Choose an executor. Name a 'residuary beneficiary' List your funeral preferences.
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.
There are four main requirements to the formation of a valid will: The will must have been executed with testamentary intent; The testator must have had testamentary capacity: The will must have been executed free of fraud, duress, undue influence or mistake; and.
Contrary to popular belief, you do not need to have an attorney draft a will for you. Anyone can write this document on their own, and as long as it meets all of the legal requirements of the state, courts will recognize one you wrote yourself.
Create the initial document. Start by titling the document Last Will and Testament" and including your full legal name and address. Designate an executor. Appoint a guardian. Name the beneficiaries. Designate the assets. Ask witnesses to sign your will. Store your will in a safe place.
Review the Last Will and Testament. File the Will With Your Local Probate Court. Secure Assets and Manage Finances and Debts. Distribute Remaining Property, Gifts, and Assets According to the Will. File Final Income Taxes for the Deceased. Close the Estate.
