Last Will Form

Once filed, the will is a matter of public record. Anyone can see it. Interested parties can also usually learn the name of the executor by getting a copy of the death certificate from the county registrar.

It's very common for a lawyer to charge a flat fee to write a will and other basic estate planning documents. The low end for a simple lawyer-drafted will is around $300. A price of closer to $1,000 is more common, and it's not unusual to find a $1,200 price tag. Lawyers like flat fees for several reasons.

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.

Anyone who is an immediate family member of the deceased, whether or not he or she is listed in the will, is legally entitled to view a copy.Those are the primary parties who may request access to a will, but there are other less groups of people that also have a legal right to view and receive copies of the document.

The will of a person, after divorce, remains valid as to any person named as a beneficiary, except the former divorced spouse, whose beneficiary status if any, has been rendered invalid or nonexistent by statute.

Many states allow you to make your will "self-proving," which allows the probate court to accept the will without contacting your witnesses. However, Illinois allows your will to be self-proved without a self-proving affidavit, as long as you sign and witness it correctly.

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.

Under other state laws, the will is automatically revoked and you need to write a new will, or risk dying intestate.More importantly, your ex-spouse may decide to contest the will, delaying the probate process and costing your estate a lot of money to defend.

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.