A Complete Guide to Creating Valid Wills in Illinois
A valid will in Illinois is one of the best protections for your family and your property when you’re gone.
The state of Illinois already has a plan for your kids and your belongings in the event of your passing through the process of probate. If you would like to have a say in what happens, drafting and signing a will is the first step in making sure your wishes are respected.
At Diamond Estate Planning, our experienced Illinois attorneys can help you create a valid will that grants you control over your property and estate even after you pass.
What is a Will?
A will is an official legal document, and an instruction manual on what to do with your properties, possessions, and assets after you pass.
Here are the players at hand in a will:
- Testator: The person who writes a will. In Illinois, testators must be at least 18 years old.
- Executor: The person you name to carry out the instructions in your will.
- Witnesses: Credible people to validate or attest to the will.
Each state has different requirements for witnesses. In the state of Illinois, a will is only valid when signed by two credible witnesses.
The witness watches the testator sign or acknowledge the will, affirms they are of sound mind and memory, then signs the will in front of the testator.
In Illinois, witnesses may not be beneficiaries of the will.
Protecting Your Property and Your Children with a Valid Will in Illinois
With the help of an estate planning attorney, you can develop a valid will and protect your family and assets.
To create a legally valid will:
- Decide what property to include in the will, and who will inherit it.
- Assign an executor.
- If you have children, assign them a guardian and someone to manage their property.
- Create your will with an estate planning attorney.
- Sign the will in front of your chosen witnesses.
If you have minor or dependent children, it is important that your will specifies who you want to take care of your kids if something happens to you. You also want to designate a few backup people in case your first choice is not able to care for your kids.
Ensuring Your Will
Is Valid
One of the most important estate planning processes is creating your own will and ensuring its legal validity.
Each state has different laws that could render your will invalid and leave your property at risk.
Some states require a notary to validate a will, but Illinois does not.
The state also does not require you to create your will with a lawyer. However, relying on the trusted advice of an Illinois estate planning lawyer can help ensure you do not miss any fine legal details and leave behind an invalid document.
Requirements for a valid will in Illinois include:
- The testator is at least 18 years old.
- The testator is of sound mind and memory.
- The testator signs the will in front of two witnesses who also sign the document.
- The will is typed and printed – as opposed to an audio recording, a video, or other digital files.
Contact Diamond Legal for Legal Assistance
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Diamond Estate Planning in McHenry has been helping Illinois families plan their legacies for decades, and we’re ready to get to work for yours next.
We’ll walk you through the estate planning process, help create a legally valid will, and assist with any additional legal requirements for your estate plans.
Our team understands Illinois law, and we can help guide you through understanding the nuances of Illinois-specific estate planning requirements. We have experience navigating the complexities of estate planning, and we’re here to help make sure your wishes are properly documented and carried out.
Contact Diamond Estate Planning today for a consultation and get started on creating your valid will.