Make a Illinois Last Will and Testament

Illinois State Last Will and Testament Laws

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.

A Sample Illinois Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or physically disabled, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s name
• Relationship to you

If you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian for them should you pass away while they are still minors, provide the following information below (as well as your alternate and conservators information).

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

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

To execute the will, you must sign it in the presence of your two witnesses. The two witnesses must also sign the document.

Why do you need an Illinois last will and testament form?

Creating a last will and testament is critical in the State of Illinois for making sure that your assets and dependents are taken care of according to your wishes upon death. Any real estate, bank accounts, property, or other assets can be included in a will. You may also choose to make donations to charity in your will.

The benefits of having a will

The State of Illinois does not legally require a last will and testament. Having one allows for a testator to name their executor and to outline their wishes for disbursement of any assets or property.

• Executors honor the guardianship request of any minors or dependents.
• In Illinois, wills can also include charitable donations and trusts for surviving spouses and children.
• Illinois laws also allow for wills to include pet trusts.

The costs of not having a will

Without a will, in the State of Illinois, any surviving spouse and descendent will each automatically inherit half of the estate. If there is only a spouse or only one descendent, they will inherit the entirety of the estate. If neither exist, the court will find the next closest relative to receive the inheritance. If there is no spouse, descendent, or relatives, the State of Illinois absorbs the property from the estate.