Illinois Electronic Wills and Remote Witnesses Act takes effect
Illinois authorizes both electronic wills and remote witnessing. Witnesses can attend by audio-video technology, and the will can be maintained as a tamper-evident electronic record.
Estate plan
Everything to plan your estate in Illinois: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.
Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Illinois, all for $29/year.
Illinois content last reviewed May 18, 2026.
Will
2W
Trust
—
POA
1W + N
HC Directive
1W
E-will
Adopted
Since 2021
RON
Since 2022
Remote online notarization
ROW
All documents
Remote online witnessing
Community property
No
Minimum age
18
Illinois authorizes both electronic wills and remote witnessing. Witnesses can attend by audio-video technology, and the will can be maintained as a tamper-evident electronic record.
755 ILCS 5/4-1 et seq.
Witnesses: 2 required
Two credible witnesses must attest and sign the will in the presence of the testator
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Not valid
Illinois does not recognize handwritten wills without witnesses
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
755 ILCS 45/3-3
Last verified: 2026-04
Witnesses: 1 required
Illinois requires 1 witness for power of attorney execution
Notarization: Required
Notarization is required for a valid durable power of attorney
Key features of Illinois POA
State-specific notes
755 ILCS 45/4-1 et seq.
Last verified: 2026-04
Witnesses: 1 required
One witness required; witness must be at least 18. 755 ILCS 45/4-10 (statutory form text); 755 ILCS 45/4-5.1 (witness eligibility)
Notarization: Not required
Notarization is not required but may be accepted
Document sections
Key features of Illinois healthcare directive
State-specific notes
755 ILCS 35/3
The Illinois Living Will Declaration records your direction to withhold death-delaying procedures if you have a terminal condition. It is a final expression of your legal right to refuse treatment, alongside the companion Health Care Power of Attorney that appoints your agent.
Both this document and the Health Care Power of Attorney are generated for you. You can sign both in the same session.
$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.
Appointment of Agent to Control Disposition
Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.
In this state: Illinois recognizes a statutory Appointment of Agent to Control Disposition; we follow that form. (755 ILCS 65 (Disposition of Remains Act))
HIPAA Authorization
Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.
In this state: Cites the Illinois Mental Health and Developmental Disabilities Confidentiality Act (740 ILCS 110/3, 110/4, and 110/5) and the AIDS Confidentiality Act (410 ILCS 305/9). The 42 CFR Part 2 carve-out in Section III governs federally-protected substance-use-disorder program records and is reaffirmed in the addendum.
Designation of Guardian
Pre-designates the person you want a court to appoint as Guardian of the Person and Guardian of the Estate under 755 ILCS 5/11a-6 if a guardianship is ever needed. Illinois uses 'guardian' (not 'conservator') for adult protective proceedings.
Business Succession Declaration
Identifies your interests in any closely-held businesses and how they should be transferred or wound down.
Real-Estate Retitling Checklist
Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.
Letter of Instruction
Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.
Free vs. paid
Illinois has adopted electronic will legislation (2021). You may be able to create, sign, and witness a will electronically using approved methods.
Illinois has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.
To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.
Illinois authorized RON in 2022.
Will
Allowed
Trust
Allowed
POA
Allowed
Illinois allows remote online witnessing for all estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present.
Will
Allowed
Trust
Allowed
POA
Allowed
HC Directive
Allowed
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Illinois for guidance specific to your situation.