Estate plan requirements

Illinois

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

Requirements at a glance

Document	Witnesses	Notary
Will	2 required	Recommended
Living trust	None required	Recommended
Power of attorney	1 required	Required
Healthcare directive	1 required	Not required

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Illinois content last reviewed September 10, 2026.

News

Recent changes in Illinois

July 26, 2021E-Will

Illinois Electronic Wills and Remote Witnesses Act takes effect

Illinois authorizes both electronic wills and remote witnessing. A will's witnesses can attend by audio-video communication when the will designates Illinois as its place of execution and both witnesses are located in the United States, among other conditions, and the will can be maintained as a tamper-evident electronic record. The signing instructions that come with the will Will.com generates explain why they call for witnesses in the room.

755 ILCS 6Source

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

State-specific notes

•In Illinois, a separate list of personal items written after you sign your will is not legally binding, so name each item and the person who gets it in the specific gifts section of your will before you sign.

•A gift in this will to a person who signs it as a witness, or to that witness's spouse, is void as to that person, who keeps no more than the share they would have inherited if you had left no will. Illinois saves the gift only if the will is still attested by enough other qualified witnesses without counting that person, and this will carries only the two witness signatures Illinois requires. Choose two witnesses who take nothing under this will (755 ILCS 5/4-6).

•A recorded Illinois transfer on death instrument is not revoked by your will. Once one is recorded, only a later transfer on death instrument or an express instrument of revocation revokes it, and that document must itself be executed, witnessed and acknowledged like the original and recorded before your death. If you have recorded one on Illinois real property and want that property to pass under this will instead, record the revocation before you sign (755 ILCS 27/55).

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.). Under 755 ILCS 5/28-1 that Article permits my Executor to administer my estate without court order or filings, except to the extent that a court order or filing is required by Article XXVIII itself or is requested by an interested person pursuant to that Article, and all provisions of the Probate Act that are not inconsistent with that Article continue to govern the administration. 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.

ViewWitness disqualification / interested-witness rule

755 ILCS 5/4-6: a beneficial legacy or interest given to an attesting witness or the witness's spouse is void as to that beneficiary and those claiming under the beneficiary, unless the will is otherwise duly attested by a sufficient number of witnesses without counting that person; the witness may be compelled to testify, and keeps up to the value of the share the witness would have taken by intestacy. Serving as a fiduciary, or as attorney for a fiduciary, is not a disqualifying interest. Practical effect on a two-witness Illinois will: an interested witness leaves only one other attesting witness, fewer than the two Illinois requires, so the gift is purged down to any intestate share.

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

Certification of trust: 760 ILCS 3/1013

Illinois lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Illinois Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. 760 ILCS 3/1013(h) provides that a person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages if the court determines that the person did not act in good faith in demanding the trust instrument; the same subsection deems a person required to examine a complete copy to comply with applicable law, a person acting in a fiduciary capacity, and the Attorney General's Charitable Trust Bureau to be acting in good faith.

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 transactions

•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

•The notary cannot also be your witness, so bring someone other than the notary to the signing. Every property power must bear the signature of a witness and be notarized, and the statutory form states that the notary may not also sign as a witness (755 ILCS 45/3-3.6(a); 755 ILCS 45/3-3(d))

•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 a corporate operator, but not the operator's other employees; 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

•The Notice to the Individual is presented on a separate sheet (coversheet) in 14-point type, which is the presentation the statute describes, but substantial compliance does not depend on it: a power of attorney is still deemed to be in substantially the same format as the statutory form where the explanatory NOTE language is distinguished from the legal paragraphs, even if the Notice paragraphs are not on a separate sheet or in 14-point type, or the principal's initials do not appear at the end of the Notice (755 ILCS 45/3-3(a)-(b))

ViewWarning notice for the principal

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.

ViewStatutory categories (15)

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 o. All other property 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.

ViewWitness disqualification recital

I am not the principal's attending physician or mental health service provider, or a relative of that physician or provider; I am not an owner or operator of a health care facility in which the principal is a patient or resident, or a relative of such an owner or operator; I am not a parent, sibling, or descendant, or the spouse of a parent, sibling, or descendant, of either the principal or any agent or successor agent under this Power of Attorney, whether by blood, marriage, or adoption; and I am not an agent or successor agent for property under this Power of Attorney (755 ILCS 45/3-3.6(a)).

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 precede the form)

•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. The bar on facility owners and operators reaches directors and executive officers of a corporate operator but not its other employees, so a non-owner nurse, chaplain, or social worker at the facility may witness (755 ILCS 45/4-5.1(b))

•If signing a separate living will declaration, 2 witnesses (both age 18 or older) are required. 755 ILCS 35/3

•If you also sign the separate Illinois Living Will Declaration, that declaration is given no force and effect for as long as your attending physician is of the opinion that the fetus could develop to the point of live birth with continued death delaying procedures. By its terms that provision speaks to a declaration under the Illinois Living Will Act (755 ILCS 35/3(c))

ViewForm section list (9)

1. Notice to the Individual Signing the Power of Attorney for Health Care (explains the agent's powers, including agreeing to or declining organ, tissue and whole body donation) 2. My Power of Attorney for Health Care (your name and address; revokes all previous health care powers) 3. I Want the Following Person to Be My Health Care Agent (includes the optional guardian nomination checkbox) 4. Successor Health Care Agent(s) (optional) 5. My Agent Can Make Health Care Decisions for Me, Including (four enumerated powers, one of which covers organ, tissue and whole body donation) 6. I Authorize My Agent To (check one of three activation options) 7. Select Only One Statement That Best Expresses Your Wishes (optional life-sustaining treatment statement) 8. Specific Limitations to My Agent's Decision-Making Authority 9. Delayed Revocation (elect the 30-day delay or immediate effect)

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.

ViewWitness disqualification recital

755 ILCS 45/4-5.1: no witness may be under 18 years of age. None of the following may witness a health care agency: the principal's attending physician, advanced practice registered nurse, physician assistant, dentist, podiatric physician, optometrist, or psychologist, or a relative of any of them; an owner or operator, or a relative of an owner or operator, of a health care facility in which the principal is a patient or resident; a parent, sibling, or descendant, or the spouse of a parent, sibling, or descendant, of either the principal or any agent or successor agent, whether the relationship is by blood, marriage, or adoption; or any agent or successor agent for health care. Under subsection (b) the bar on an operator extends to directors and executive officers of a corporate operator, but not to its other employees such as non-owner chaplains, social workers, or nurses.

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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Appointment of Agent to Control Disposition of Remains

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 of Remains; we follow that form. (755 ILCS 65/5, 65/10 and 65/15)

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive. The free packet includes it too whenever it has a 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), and delivers all seven consent elements listed in 740 ILCS 110/5(b). Expiration is the point to watch: 740 ILCS 110/5(b)(6) asks for a calendar date, and if none is given the records may be released only on the day the therapist receives the form. This authorization sets that date at the seventh anniversary of signing, so ask for a different date if you want one. The 42 CFR Part 2 carve-out in Section III governs federally protected substance-use-disorder program records and is reaffirmed in the addendum. A separate, optional psychotherapy-notes authorization on its own signature page carries a second Illinois addendum. It sets out the "personal notes" category 740 ILCS 110/2 defines and excludes from a "Record", and 740 ILCS 110/3(b), under which a therapist's personal notes are the therapist's own work product and property and are not subject to discovery. The addendum states that where a note within the federal definition is also an Illinois personal note the therapist may decline to furnish it, and that declining is not a breach of the authorization.

Designation of Guardian of the Person and Estate

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	Included in free	Included in paid tier
State-specific signing guide	Included in free	Included in paid tier
Download as PDF, print forever	Included in free	Included in paid tier
Secure online storage	Not in free	Included in paid tier
Covers real estate, business, digital, and funeral wishes	Not in free	Included in paid tier
Disposition of remains authorization	Not in free	Included in paid tier
Standalone HIPAA authorization	Not in free	Included in paid tier
Nomination of conservator	Not in free	Included in paid tier
Business succession declaration	Not in free	Included in paid tier
Real-estate retitling checklist	Not in free	Included in paid tier
Special needs trust provisions	Not in free	Included in paid tier
Letter of instruction, pre-filled and editable	Not in free	Included in paid tier
Edit anytime	Not in free	Included in paid tier
Annual review reminder	Not in free	Included in paid tier

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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 2023.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Illinois allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Lawful in Illinois, but not on the will as generated here. 755 ILCS 6/15-10 authorizes remote attestation by audio-video communication and expressly covers a will that is 'a paper document,' requiring no attorney and no notary. Three conditions attach: the will must designate Illinois as its place of execution, both witnesses must be located in the United States at the time of the attestation, and any separate signature page, attestation clause or affidavit must be attached to the paper will within 10 business days of the attestation (755 ILCS 6/15-10(a), (b), (e)). The first condition is a term of the document rather than a step the signer can take on the day. This will's execution clause recites that the testator signs it at a named city and state, which is a statement of where the will is executed but is not the express designation of Illinois as the place of execution that §15-10(a) asks for in terms; no Illinois court has said whether the recital suffices. We therefore draft for physical presence, and both witnesses should attest in person unless an Illinois lawyer confirms the remote path for the particular signing.

Will

Not 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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