Estate plan

Illinois

Everything to plan your estate in Illinois: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Illinois, all for $29/year.

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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

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
News

Recent changes in Illinois

E-Will

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.

755 ILCS 6Source →
1

Will

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

ViewIndependent administration recital
I direct that the administration of my estate be conducted as an independent administration under Article XXVIII of the Illinois Probate Act of 1975 (755 ILCS 5/28-1 et seq.). I authorize my Executor to administer my estate without further court order, supervision, or approval, except as required for the admission of this Will to probate, the issuance of letters of office, and any matter that the Executor or an interested person elects to bring before the court. Nothing in this direction is intended to waive or override any heir's or legatee's statutory right under 755 ILCS 5/28-4 to petition the court for the termination or supervision of independent administration, and any such right remains exercisable notwithstanding this clause.
2

Living Trust

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

3

Statutory Short Form Power of Attorney for 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

15 power categories including safe deposit box access and borrowing/lending
Requires both one witness AND notary
Agent cannot exercise powers in a manner that contradicts the principal's known wishes
Agent certification under penalty of perjury (Public Act 103-0994, eff. 1/1/2025): third parties may request agent certify valid authority

State-specific notes

Requires both one witness AND a notary. 755 ILCS 45/3-3 (form requirement); 755 ILCS 45/3-3.6 (witness/notary qualifications)
Disqualified witnesses and notaries (755 ILCS 45/3-3.6): the principal's attending physician or mental-health service provider (or their relatives); owners/operators of a health-care facility where the principal is a patient or resident, including directors and executive officers of any corporate operator; parents, siblings, descendants, or the spouses of any of those, of either the principal or any agent; the agent or any successor agent for property
Notice to Individual must appear on a separate sheet (coversheet) in 14-point type for the §3-3 safe harbor (755 ILCS 45/3-3(a)-(b))
ViewStatutory warning notice
NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY. PLEASE READ THIS NOTICE CAREFULLY. The form that you will be signing is a legal document. It is governed by the Illinois Power of Attorney Act. If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you. The purpose of this Power of Attorney is to give your designated "agent" broad powers to handle your financial affairs, which may include the power to pledge, sell, or dispose of any of your real or personal property, even without your consent or any advance notice to you. When using the Statutory Short Form, you may name successor agents, but you may not name co-agents. This form does not impose a duty upon your agent to handle your financial affairs, so it is important that you select an agent who will agree to do this for you. It is also important to select an agent whom you trust, since you are giving that agent control over your financial assets and property. Any agent who does act for you has a duty to act in good faith for your benefit and to use due care, competence, and diligence. He or she must also act in accordance with the law and with the directions in this form. Your agent must keep a record of all receipts, disbursements, and significant actions taken as your agent. Unless you specifically limit the period of time that this Power of Attorney will be in effect, your agent may exercise the powers given to him or her throughout your lifetime, both before and after you become incapacitated. A court, however, can take away the powers of your agent if it finds that the agent is not acting properly. You may also revoke this Power of Attorney if you wish. This Power of Attorney does not authorize your agent to appear in court for you as an attorney-at-law or otherwise to engage in the practice of law unless he or she is a licensed attorney who is authorized to practice law in Illinois. The powers you give your agent are explained more fully in Section 3-4 of the Illinois Power of Attorney Act. This form is a part of that law. The "NOTE" paragraphs throughout this form are instructions. You are not required to sign this Power of Attorney, but it will not take effect without your signature. You should not sign this Power of Attorney if you do not understand everything in it, and what your agent will be able to do if you do sign it. Please place your initials on the following line indicating that you have read this Notice: ..................... Principal's initials
ViewStatutory categories (14)
General categories: a. Real estate transactions b. Financial institution transactions c. Stock and bond transactions d. Tangible personal property transactions e. Safe deposit box transactions f. Insurance and annuity transactions g. Retirement plan transactions h. Social Security, employment and military service benefits i. Tax matters j. Claims and litigation k. Commodity and option transactions l. Business operations m. Borrowing transactions n. Estate transactions
ViewAgent acknowledgment wording
NOTICE TO AGENT When you accept the authority granted under this power of attorney a special legal relationship, known as agency, is created between you and the principal. Agency imposes upon you duties that continue until you resign or the power of attorney is terminated or revoked. As agent you must: (1) do what you know the principal reasonably expects you to do with the principal's property; (2) act in good faith for the best interest of the principal, using due care, competence, and diligence; (3) keep a complete and detailed record of all receipts, disbursements, and significant actions conducted for the principal; (4) attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest; and (5) cooperate with a person who has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually in the principal's best interest. As agent you must not do any of the following: (1) act so as to create a conflict of interest that is inconsistent with the other principles in this Notice to Agent; (2) do any act beyond the authority granted in this power of attorney; (3) commingle the principal's funds with your funds; (4) borrow funds or other property from the principal, unless otherwise authorized; (5) continue acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney, such as the death of the principal, your legal separation from the principal, or the dissolution of your marriage to the principal. If you have special skills or expertise, you must use those special skills and expertise when acting for the principal. You must disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name "as Agent" in the following manner: "(Principal's Name) by (Your Name) as Agent" The meaning of the powers granted to you is contained in Section 3-4 of the Illinois Power of Attorney Act, which is incorporated by reference into the body of the power of attorney for property document. If you violate your duties as agent or act outside the authority granted to you, you may be liable for any damages, including attorney's fees and costs, caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice from an attorney.
4

Health Care Power of Attorney

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

Separate living willMental health authorizationHIPAA authorization

Key features of Illinois healthcare directive

3 activation choices: incapacitated only, incapacitated with immediate records access, or effective immediately
Delayed revocation option: 30-day waiting period before revocation takes effect
Guardian nomination checkbox to name preferred guardian if court proceeding arises
Required statutory notice to principal (must be attached to document)
Broad mental health authority included by default
Separate living will declaration for end-of-life treatment preferences

State-specific notes

Disqualified witnesses (755 ILCS 45/4-5.1): the principal's attending physician, APRN, physician assistant, dentist, podiatric physician, optometrist, or psychologist (or their relatives); owners/operators of the health-care facility where the principal is a patient or resident; the agent or any successor agent; parents, siblings, descendants, or the spouses of any of those, of either the principal or any agent
If signing a separate living will declaration, 2 witnesses (both age 18 or older) are required. 755 ILCS 35/3
ViewForm section list (5)
1. Notice to the Individual Signing the Power of Attorney for Health Care 2. Designation of Agent 3. Health Care Decisions My Agent Can Make 4. Additional Treatment Preferences 5. Organ and Tissue Donation
ViewMental health authorization wording
Illinois grants the agent mental-health treatment authority by default. The Illinois Statutory Short Form Power of Attorney for Health Care (755 ILCS 45/4-10(b)) recites that the agent may decide to "accept, withdraw, or decline treatment for any physical or mental condition of mine, including life-and-death decisions," may agree to admit or discharge the principal from any institution "including a mental health facility," and has "complete access to my medical and mental health records." A principal who wants to limit mental-health authority must strike or modify those clauses, not opt in.
5

Living Will Declaration

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.

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6 more documents with a subscription

$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

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Illinois has adopted electronic will legislation (2021). You may be able to create, sign, and witness a will electronically using approved methods.

Digital assets access

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.

Remote online notarization (RON)

Illinois authorized RON in 2022.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

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.

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