Free Illinois Last Will and Testament

 
 

What is a Last Will and Testament?

An Illinois Last Will and Testament, if drafted and executed properly by an individual who is an adult of sound mind, is a legal document that defines exactly how your possessions or real estate will be handled and allocated after your passing away. After the testator (one who wrote the last will) dies, they're referred to as the decedent. When the decedent has minor children, the Last Will and Testament might also be used to assign someone they want to care for their young children and who they wish to manage their children’s inheritance and budget until every child comes of age (usually 18, but you can indicate a specific age) to handle their finances on their own.

An Illinois last will and testament essentially helps you protect your property and assets. You can use this document to ensure your wishes are followed after your death. This will help your loved ones to avoid any legal complications and disputes.

To make a last will and testament in Illinois, you must be at least 18 years old and of sound mind. You will need to appoint an executor responsible for carrying out your wishes. You will also need to designate beneficiaries who will receive your property and assets.

You can change or revoke your last will and testament anytime, as long as you are of sound mind. If you need to make changes, you should destroy the original document and create a new one.

When you create a last will and testament, it is vital to have two credible witnesses who can attest to your signature and that you were of sound mind when you signed the document.

Your last will and testament does not need to be filed with the court, but keeping it in a safe place, such as a safe deposit box is a good idea. You should also give copies to your executor and beneficiaries.

The crucial thing to know is the fact that anybody who needs to define the way in which their belongings will be handled after their passing should absolutely make and correctly execute a Will to ensure their wishes are recognized and carried out. Without getting a will, you will be leaving it up to chance, the laws of the state, or a court of law regarding the way your last matters will be settled.

Legal Requirements for Last Will in Illinois

The Last Will and Testament is a legal document needed by every person: it is crucial for the planning of the future after one’s death. In short, it claims the distribution of one’s estate and personal property after one will be considered dead. In Illinois, one can not only dedicate the property and estate to significant others (a wife, children, brothers, sisters, and so forth) but the charitable organizations as well, in the form of gifts. The ones to whom the assets are distributed are referred to as Beneficiaries.

The Last Will is frequently mixed with Living Will, and there are different requirements for such a record. Here, we discuss the Last Will document.

It is important to acknowledge that if the Last Will is not made by the person and the person becomes deceased, and the court has full capability to distribute the assets anyhow they want due to Intestacy laws. The same case occurs when the Will was only made verbally. That is exactly the reason why it is recommended to fill out the form. While it is important to be careful while filling out the form, it is also important to be ensured that all legal requirements concerning the Will are met.

In each State of the United States, there are compulsory requirements that should be met in order to successfully fill out the form:

  • The document should be written and typed out, and it should not be written by hand;

  • The document must be signed by the one who writes the Will. This person is referred to as Testator or Testatrix in most cases;

  • The document should be signed by two witnesses. Each witness should observe the process of document completion and observe each other’s signing of the form;

  • In case the Testator or Testatrix is physically incompetent, they can direct somebody to write the form for themselves.

Not to mention, there are some special requirements for the Last Will document in each state. In Illinois, they are as per the following:

  • Any person from the age of 18 or an emancipated person can make a Last Will, in case they are in ‘sound mind and memory. This expression implies that the person should be conscious and was not found incompetent in the previous legal proceeding;

  • Anybody who is considered to be ‘credible’ has an opportunity to Witness a Will, as stated in Section 755 ILCS 5/4-3. Moreover, it is mentioned that the Witness should be ‘disinterested,’ so they should not necessarily be the beneficiaries of the Last Will;

  • In case the authenticity of the Will is unchallenged, then it can be probated in a more simple procedure if it has been self-proven. In a self-proven Will case, the witnesses are not obliged to testify in court, as the court accepts the self-proven Will to be valid, according to Section 755 ILCS 5/6-4;

  • The document should be notarially verified. The Testator or Testatrix has the ability to notarize the record for extra legal protection.

Last Will Forms for Neighboring States

Why Would You Need a Last Will and Testament in Illinois?

In the state of Illinois, a last will and testament is often used to protect your property and assets after your death. This document can help you avoid any legal complications or disputes between your loved ones.

A last will and testament can be used to:

  • Appoint an executor who will be responsible for carrying out your wishes
  • Designate beneficiaries who will receive your property and assets
  • Specify how you would like your property and assets to be distributed
  • Make arrangements for the care of any minor children
  • Name a guardian for any minor children
  • Waive the state's intestacy laws, which would otherwise dictate how your property and assets would be distributed

Benefits of Having a Last Will in Place

There are many benefits to having a last will and testament, especially if you have significant property or assets. This document can help ensure that your wishes are carried out after your death and that your loved ones do not have to go through any legal complications or disputes.

A last will and testament can provide peace of mind, knowing that your wishes will be carried out and that your loved ones will be taken care of after you are gone. This document can also help to avoid any family conflict or disagreement over your property and assets.

Creating a last will is a simple process and does not need to be expensive. You can easily create this document on your own or with the help of an attorney. Once you have created your last will and testament, keeping it in a safe place, such as a safe deposit box, and giving copies to your executor and beneficiaries is crucial.

How to Fill Out an Illinois Last Will and Testament

Step 1 - The person creating the document

First, the document should speak about the person creating the document. They must put their name and the information about their residence. 

Step 2 - An executor

An executor is a person who will be responsible for carrying out the wishes expressed in the will. The executor can be a family member, friend, or professional. The specification of who is appointed for this role has to be included in the last will.

Step 3 - Beneficiaries

The testator must also designate beneficiaries receiving the property and assets after the testator's death. The beneficiaries can be individuals, charities, or organizations. Information about them should follow. 

Step 4 - Executor Duties

The executor's duties include:

  • Collecting the assets of the estate
  • Paying the debts of the estate
  • Distribute the assets to the beneficiaries

Step 5 - Witnessing the will

The testator must sign the will in front of two witnesses. The witnesses must also sign the will. Notarization of the last will is not a legal requirement in Illinois, but having your will notarized might let you get an extra layer of protection.

Step 6 - Safekeeping the will

The will does not need to be filed with the court, but keeping it in a safe place, such as a safe deposit box is a good idea. The testator should also give copies of the will to the executor and beneficiaries.