What constitutes a legal will in Illinois?

Signature: The will must be signed by the testator or by someone else in the testator's name in the testator's presence, by the testator's direction. Witnesses: An Illinois will must be signed by at least two credible witnesses, who should not also be beneficiaries in the will.

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Illinois Last Will and Testament for Single Person with Adult and...

Illinois Last Will and Testament for Single Person with Adult and Minor Children

Category:

Wills - For People with Children

State:

Illinois

Control #:

IL-WIL-0001D

Format:

Instant download

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Description

The Last Will and Testament Form with Instructions you have found is for a single person with adult and minor children. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions.

This Will must be signed in the presence of two witnesses, not related to you or named in your Will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the Will.

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FAQ

Illinois law states that the will must become public record upon the death of the person. As such, it must be filed with their local county clerk within 30 days of discovery.For instance, your will generally appoints a legal representative, called an executor, to carry out your wishes and oversee the probate process.

A notarized will does not need to be probated.When a person dies leaving behind a will that is not notarized, the law requires that its validity be ascertained by a notary or by a court. Similarly, any non-notarized modification made to a will must be probated, whether the will is notarized or not.

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.

Signature: The will must be signed by the testator or by someone else in the testator's name in the testator's presence, by the testator's direction. Witnesses: An Illinois will must be signed by at least two credible witnesses, who should not also be beneficiaries in the will.

Do I Need to Have My Will Notarized? No, in Illinois, you do not need to notarize your will to make it legal.However, Illinois allows your will to be self-proved without a self-proving affidavit, as long as you sign and witness it correctly.

No, all Wills do not automatically go through the Probate Court system in Illinois after the death of the Testator (the maker of the Will). To the contrary, a majority of estates in Illinois never need a Probate proceeding to be properly administered.

Handwritten Wills in Illinois In the state of Illinois, holographic wills are not considered to be valid. Illinois does recognize, however, handwritten wills that are signed by two witnesses and satisfy all other requirements for wills as stated in the law.

In Illinois, to have a valid will it is required that two or more credible witnesses validate or attest the will. This means each witness must watch the testator (person making his or her will) sign or acknowledge the will, determine the testator is of sound mind, and sign the will in front of the testator.