Is an Online Will Legal in Illinois?
An online service can prepare a valid Illinois will. The standard path is to print it and execute it under 755 ILCS 5/4-3: the testator signs and 2 credible witnesses attest in the testator's presence. Illinois ALSO recognizes electronic wills signed with electronic signatures, and it allows remote attestation by audio-video communication for electronic AND paper wills, provided the will designates Illinois as its place of execution and the witnesses are in the United States.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Illinois will.
Sign it fully remotely
RecognizedWhether Illinois recognizes an electronic will executed without an in-person paper signing.
What this means for you
Notarization is never part of an Illinois will. There is no self-proving affidavit either; instead, make sure the will carries a full attestation clause, because 755 ILCS 5/6-4 lets the court admit the will on that clause without calling the witnesses. Keep gifts away from the attesting witnesses or their spouses unless enough disinterested witnesses also sign, since an interested witness's legacy is cut back to an intestate share.
What Illinois Law Requires
The governing law is Probate Act of 1975, 755 ILCS 5, art. IV (wills); Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act, 755 ILCS 6. Each rule below links to the official source it was read from.
| Requirement | The Illinois rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, of sound mind and memory. | 755 ILCS 5/4-1 |
| Written document | Required. | 755 ILCS 5/4-3 |
| Signature | The testator signs. The will may be signed by some person in the testator's presence and by the testator's direction. | 755 ILCS 5/4-3 |
| Witnesses | 2. The will must be attested in the presence of the testator by 2 or more credible witnesses. To prove the will for admission, each of 2 attesting witnesses must state that he or she was present and saw the testator (or a person signing at the testator's direction) sign the will in the witness's presence or that the testator acknowledged it to the witness as the testator's act, that the will was attested by the witness in the presence of the testator, and that the witness believed the testator to be of sound mind and memory at the time (755 ILCS 5/6-4(a)). | 755 ILCS 5/4-3; 5/6-4(a) |
| Notarization | Not required for validity. | 755 ILCS 5/6-4 |
Signing Day in Illinois
The will must be attested in the presence of the testator by 2 or more credible witnesses. To prove the will for admission, each of 2 attesting witnesses must state that he or she was present and saw the testator (or a person signing at the testator's direction) sign the will in the witness's presence or that the testator acknowledged it to the witness as the testator's act, that the will was attested by the witness in the presence of the testator, and that the witness believed the testator to be of sound mind and memory at the time (755 ILCS 5/6-4(a)).
The statute requires the witnesses to attest in the testator's presence; it states no requirement that the witnesses sign in each other's presence.
Illinois has no notarized self-proving affidavit statute. It does not need one: under 755 ILCS 5/6-4 the two attesting witnesses' proof may be made by testimony before the court, by an attestation clause signed by the witness and forming part of or attached to the will, or by an affidavit signed by the witness at or after the time of attestation, so a well drafted attestation clause lets the will be admitted without calling the witnesses and without any officer involved.
Choose witnesses carefully
A beneficial legacy or interest given to a person attesting the will's execution, or to that person's spouse, is void as to that beneficiary and all persons claiming under the beneficiary, unless the will is otherwise duly attested by a sufficient number of witnesses exclusive of that person. The witness can be compelled to testify as if the gift had not been made, but keeps so much of the legacy or interest as does not exceed the value of the intestate share the witness would have received had the will not been established.
Shortcuts Illinois Does and Does Not Recognize
Handwritten (holographic) wills
NoIllinois has no holographic-will provision: an unwitnessed handwritten will fails 755 ILCS 5/4-3, which requires attestation in the presence of the testator by 2 or more credible witnesses. A handwritten will executed with those formalities is valid, and a holographic will executed outside Illinois may be admitted under 755 ILCS 5/7-1 if it was executed in accordance with the law of the place where executed or of the testator's domicile at the time of execution. (755 ILCS 5/4-3)
Oral wills
NoNuncupative (oral) wills are not valid: 755 ILCS 5/4-3 requires every will to be in writing, signed, and attested by 2 or more credible witnesses, and the Probate Act contains no oral-will exception. (755 ILCS 5/4-3)
Electronic wills
YesAn electronic will must be executed by the testator (or a person in the testator's presence and at the testator's direction) and attested to in the testator's presence by 2 or more credible witnesses, each signing with an electronic signature after seeing the testator sign or acknowledge (755 ILCS 6/5-5). The Act has no separate self-proving affidavit mechanism; admission runs through the Probate Act's 6-4 proof methods, and a certified paper copy of an electronic will (art. 10) is how the document is filed. (755 ILCS 6/5-5)
Remote witnessing: allowed within the statute’s conditions. A will attested through audio-video communication must designate Illinois as its place of execution, be signed by the testator or by some person at the testator's direction and in the testator's presence, and be attested in the testator's presence by 2 or more credible witnesses who are located in the United States at the time of attestation (755 ILCS 6/15-10(a)). Remote attestation is available for an electronic will, a paper copy of an electronic will, or a paper document (6/15-10(b)). During the session the witness must determine the testator's identity, the testator must sign (or direct a proxy, or acknowledge the signature), and the witness must attest in the testator's presence (6/15-10(d)). 'Presence' includes being in a different physical location but able, using audio-video communication, to know the person is signing a document in real time (6/1-20).
A Will Signed in Another State
A will signed by the testator, when proved as provided in article VII, may be admitted to probate in Illinois when the will has been admitted to probate outside of Illinois, or when it was executed outside of Illinois in accordance with the law of Illinois, of the place where executed, or of the testator's domicile at the time of its execution. (755 ILCS 5/7-1)
Keep Going
- The full Illinois will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Illinois estate planning sets the will beside the other documents a complete plan needs.
- A Illinois revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Illinois?
Does a Illinois will need to be notarized?
How many witnesses does a Illinois will need?
Are handwritten (holographic) wills valid in Illinois?
Are electronic wills legal in Illinois?
Is a will made in another state valid in Illinois?
Verified against Probate Act of 1975, 755 ILCS 5, art. IV (wills); Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act, 755 ILCS 6 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Illinois can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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