Estate plan requirements
Illinois
Everything you need to create a valid estate plan in Illinois: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
—
POA
1W + N
Healthcare Dir.
1W
E-will
Not adopted
Online notary (RON)
Authorized
Since 2021
Remote witnessing (ROW)
Wills only
Since 2021
Community property
No
Minimum age
18
Will
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
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
Durable Power of Attorney
Witnesses: 1 required
Illinois requires 1 witness for power of attorney execution
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
Healthcare Directive
Witnesses: 1 required
Illinois requires 1 witness for healthcare directive execution
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
Electronic will status
Illinois has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Remote online notarization
Illinois authorized remote online notarization (RON) in 2021. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
Remote online witnessing
Illinois authorized remote online witnessing (ROW) in 2021. Witnesses can observe your will signing via live video call instead of being physically present. Other estate planning documents still require in-person witnesses.
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.