Illinois Last Will and Testament Form

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Illinois Last Will and Testament: What Is It?

In the state of Illinois, a Last Will is a legal means of allowing someone (referred to as Testator) to distribute or pass down their assets and possessions once they pass away. This document can protect your assets, belongings, and money from being taken by unwanted individuals. In the state of Illinois, this is a legal document supported by state law, as long as two witnesses attest to its signing, and it is notarized by a Notary Public.

Other Names

Last Will and Testament documents are also referred to as “Last Wills” or “Wills”.

State Specific

Each state has its own set of laws, definitions, and signing requirements that relate to last will and testament documents. Below, these specifics are defined for the state of Illinois.

Definition of Will - 755 ILCS 5/1-2.18

Laws - 755 ILCS 5 (Probate Act of 1975)

Witnesses - According to Section 755 ILCS 5/4-3, the Will must be signed by two (2) witnesses who are both present when the Testator signs.

Writing Your Last Will in Illinois

Step 1 - Enter your name as well as your gender in the first section of your FormSwift Last Will template.

Step 2 - Provide your city and county of residence.

Step 3 - State your marital status from one of the following choices below, followed by the name of your spouse and whether or not they will be named as a beneficiary (unless single):

  • Single
  • Married
  • Engaged
  • Divorced
  • Separated
  • Widowed

Step 4 - If you have any children, life insurance, or pets, answer the following questions:

  • Children - Age? Living? Will they be named as beneficiaries?
  • Life Insurance - Company name? Policy number? Contact information?
  • Pets - Name? Species? Description?

Step 5 - If you do have children, specify how much of your assets, which of your property, or what percentage of your assets you’d like to leave each child.

Step 6 - If you’d like to set up a trust for someone, specify that in this section. Setting up a trust for someone who requires special care, such as someone with a mental illness or physical disability can prevent any issues with their ability to receive Supplemental Security and Medicaid benefits.

Step 7 - Provide information on the age that your children must be when they will start receiving their inheritance. In addition, state the age that your children will be when their benefits come to an end.

Step 8 - If you know which funeral home you’d like your body taken to after you pass away, provide the name and contact information of the home in this section.

Step 9 - If you have any specific details that you would like followed in regards to the meal after your funeral service, provide those details here.

Step 10 - Appointing Your Executor - An Executor is someone you trust to administer your estate. This can be someone named as a beneficiary, but can also be someone else such as your attorney, or trusted friend. Provide the following of your appointed Executor:

  • Name
  • Relationship to you

Step 11 - Naming a Trustee - If your assets are in a trust, you need to appoint someone responsible for distributing your assets out of this trust. Provide the following:

  • Name of your Trustee
  • His or her relationship to you
  • Name of your Alternate Trustee (should you choose one)
  • His or her relationship to you

Step 12 - Digital Executor - If you have digital assets, be sure to name your Digital Executor. Digital assets can include copyrights, digital currency, valuable material such as unpublished books, scripts, and etc.. In addition, a Digital Executor can be the same person appointed as your Executor, or someone entirely different. Provide the following information about your Digital Executor:

  • Name of you Digital Executor
  • His or her relationship to you

Step 13 - Guardian for Minor Children - If you have children who are minors, appoint someone both you and they trust to act as their guardian. You may also want to name an alternate guardian as well as a conservator.

  • Guardian name
  • Relationship to you

  • Alternate Guardian
  • Relationship to you

  • Conservator name (if applicable)
  • Relationship to you

Step 14 - Naming Additional Beneficiaries - If you wish to name additional beneficiaries, provide that information in this section:

  • Name of beneficiary
  • Relationship to you (friend, cousin, sibling, etc.)
  • Inheritance (amount, percentage, item, etc.)

Step 15 - Disinheriting Someone - If there is someone who you no longer wish to inherit your assets, provide the following information:

  • Disinherited individual’s name
  • His or her relationship to you

Step 16 - Witnesses - Be sure to provide the following information about your witnesses.

  • Name
  • Address (including city, state, zip code)
  • Telephone Number

Be sure to have your witnesses and your Notary Public sign your document, attesting that you have drafted this document and are of sound mind doing so.

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