Is An Online Will Legally Valid in Illinois?

Yes, online wills are legally valid in Illinois. However, you must take steps beyond simply creating an online will for it to hold up in court. Learn more about those rules below.

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Not to worry, FeedingBird helps you every step of the way.

What Makes an Online Will Legally Valid in Illinois?

Under 755 ILCS 5/4-3, a valid will must be in writing, signed by the testator, and attested in the testator's presence by two or more credible witnesses. Notarization is not required to ensure validity. Illinois allows the execution to be proved through a witness affidavit under 5/6-4(b), which, unlike most states' self-proving affidavits, does not require a notary.

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Illinois does not recognize the validity of holographic wills. A handwritten will that is not properly witnessed has no legal effect, though Illinois will honor a holographic will validly executed under the laws of another state that does recognize them.

What You Need to Know about Online Wills in Illinois

Estate laws can be quite complex and vary greatly by state. It's important to make sure you structure  your online will correctly to avoid a long, complex court process.

Illinois Property Laws

Illinois is not a community property state. All property owned solely in your name is distributed according to your will, or, if there is now will, under the state's intestate succession rules, regardless of when it was acquired during the marriage.

Illinois Probate

Most estates in Illinois go through circuit court. Smaller estates worth $150,000 or less, not counting vehicles, may qualify for a small estate affidavit instead, once a minimum of 60 days have passed since the death.

Avoiding Probate in Illinois

Probate takes time and can be costly, so much that many people wish to avoid it altogether. Here are some ways to avoid probate.

• Put your assets in a revocable living trust. A living trust lets you keep control over your estate as the trustee, and names a successor trustee to manage the estate.

• Place beneficiaries on financial and retirement accounts. A payable-on-death (POD) designation specifies who receives funds at the time of your death, and a transfer-on-death (TOD) designation identifies a new owner for brokerage accounts.

• Hold property as joint tenants with right of survivorship, which passes automatically to the surviving owner outside of probate.

Want to learn more about trusts? Discover what is included in a trust.