Can I Write My Own Will in Illinois?

 Posted on June 03, 2026 in Estate Planning

Illinois law doesn’t require that you have a legal professional write your will. However, your will must meet specific rules to be considered valid. If it doesn't, a court may throw it out, leaving your property to be distributed by the state.

If you’re writing a will or want to make sure your current will holds up in 2026, a Geneva, IL estate planning lawyer can help you.

What Makes a Will Legally Valid in Illinois?

For a will to be valid in Illinois, it has to follow the specific requirements set out by several laws, primarily Article IV of the Illinois Probate Act (755 ILCS 5/Art. IV). A will must meet these conditions:

• You must be at least 18 years old and of sound mind.

• The will must be in writing.

• You must sign it yourself, or direct someone to sign it for you in your presence.

• Two "credible" witnesses who are at least 18 years old must watch you sign it (or tell someone else to sign it) and sign it themselves.

The witnesses shouldn’t stand to benefit from the will. Illinois law allows beneficiaries to be witnesses, but this opens the door for contesting the will later.

Illinois does not recognize handwritten wills that aren't witnessed, which some other states allow. A will you write and sign alone, without two witnesses, will not be valid.

Are There Risks to Writing My Own Will in Illinois?

Wills do not need to be complicated, but small errors or ambiguities in the writing can become very problematic later. Many of these issues won't show up until after you've died, when it’s too late to make changes to the will.

Common problems with writing a will yourself include:

• Improper signing or witnessing, which can void the whole document

• Vague or contradictory language that leads to disputes among family members

• Leaving assets out of the will, which means they will not be passed on according to your wishes

• Naming an executor without a backup in case they can’t serve

• Failing to account for changes like marriage, divorce, or new children

A small mistake can have a big effect down the road. If a court finds your will invalid, Illinois intestacy law kicks in to handle the distribution of your assets.

What Happens if My Will Is Found Invalid in Illinois?

If a court decides your will isn't valid, the state treats your estate as though you died without a will. This is called dying "intestate." When that happens, Illinois law controls who inherits your assets.

Under the Illinois intestacy rules, your property generally passes to your closest relatives in a set order, starting with your spouse and children. While this makes sense on paper, in practice, it can leave out vital people in your life. For example, a partner you weren't married to would receive nothing. A relative you were estranged from, on the other hand, might inherit. Making sure your will is valid is the only way to make sure your property goes to whom you want.

When Should I Talk to a Lawyer About Writing My Will?

If your estate is fairly simple, you can certainly write a first draft of your will yourself. You should have a lawyer review it before it is signed and witnessed. If your estate is more complex, speaking to a lawyer earlier in the process may be a good idea.

You should strongly consider getting help if you own a business or real estate or have an estate large enough to raise tax concerns. If you have a blended family or children from a prior relationship, want to leave assets to a minor or someone with special needs, or expect that someone might challenge your will, you should also speak to an estate law attorney.

Not only can a lawyer catch drafting errors, but they can also advise you on whether a will is actually the right document for your situation in the first place. Depending on your situation, something like a revocable trust may better serve your wishes.

Call Our Kane County, IL Estate Planning Lawyer Today

Unfortunately, wills done incorrectly tend to cause difficulties for the very people they should benefit. A review by a qualified legal professional may be all it takes to prevent this. Our Geneva, IL estate planning attorney works directly with every client to make sure their wishes are clearly stated and legally sound. Call Loire Krajniak Law, LLC at 630-448-2406 today for a free consultation.