Written by Sarah Mitchell
Estate Planning Editor, Law-Trust.com
Legally reviewed by James Hartley, J.D.
Texas Bar · Estate Planning Attorney
Affiliate Disclosure: We earn commissions if you purchase through our links — at no extra cost to you. This never influences our ratings.
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If you live in Illinois and haven't made a will yet, you're not alone — and an online service can get it done in under an hour. Illinois has clear, straightforward will requirements that are easy to satisfy with any reputable online platform. The bigger issue for many Illinois residents isn't the process — it's the state's unique estate tax, which kicks in at a much lower threshold than the federal limit.
In this guide, we cover exactly what Illinois law requires for a valid will, which online services do it best, what you'll pay, and the one tax issue every Illinois resident with meaningful assets needs to know about.
Is an Online Will Legal in Illinois?
Yes — an online will is fully legal in Illinois when properly executed. Illinois wills are governed by the Illinois Compiled Statutes (755 ILCS 5/4-1 et seq.), which set out straightforward formal requirements. An online service like Trust & Will generates attorney-drafted, state-specific language that satisfies these requirements out of the box.
The key is execution: the document needs to be signed correctly and in front of the right witnesses. The service creates the document; you execute it properly at home with two adult witnesses present. That's all Illinois requires for a legally binding will.
Illinois Will Requirements Checklist
- Testator age: Must be 18 or older (or legally emancipated).
- Sound mind: Must be of sound mind and disposing memory at time of signing.
- Signature: Must be signed by the testator, or by someone at the testator's direction in their presence.
- Two witnesses: Exactly two credible witnesses must sign the will in the presence of the testator.
- Witness age: Both witnesses must be 18 years of age or older.
- Witness eligibility: Witnesses should not be beneficiaries in the will to avoid complications.
- Notarization: NOT required for a standard will. Optional self-proving affidavit requires a notary.
- Holographic wills: NOT valid — must be witnessed.
💡 Tip: While not required, adding a self-proving affidavit (signed before a notary) allows your will to be admitted to probate without requiring your witnesses to appear in court. Many online services include this option for a small fee — it's worth adding.
Best Online Will Services for Illinois Residents
We tested three leading services for Illinois-specific document quality, ease of use, and pricing. Here's how they compare:
Best overall for Illinois residents — guided, affordable, attorney-drafted documents
Individual will from
$69
Illinois-Specific Documents
Self-Proving Affidavit
Free Updates Included
Trust Plans Available
Attorney-Drafted
Trust & Will is our top pick for Illinois residents. Their guided questionnaire is clear and takes about 20 minutes to complete. Documents are attorney-drafted and state-specific. The individual will plan ($69) includes your last will and testament, and the comprehensive plan ($199) adds a healthcare directive and power of attorney — everything most Illinois residents need.
Start Your Illinois Will at Trust & Will →
Best if you want attorney access alongside your documents
Basic will from
$89
Attorney Network
All States
Subscription Plans
LegalZoom is a solid choice for Illinois residents who want access to attorneys alongside their documents, especially those with complex estates or business interests. Their estate plans are Illinois-specific and valid. Pricing is higher than Trust & Will, and they upsell aggressively, but the attorney access is genuinely valuable for more complex situations.
Visit LegalZoom →
Best budget option — subscription model with broad document library
Subscription from
$9.95/mo
Low Monthly Cost
Illinois Templates
Broad Document Library
LawDepot is the most affordable option, particularly if you need multiple documents. Their Illinois will template is solid, though the experience is more form-heavy than Trust & Will. Good choice for budget-conscious Illinois residents who are comfortable with a slightly less guided process.
Visit LawDepot →
How Much Does an Online Will Cost in Illinois?
Online will services offer significant savings compared to hiring an Illinois estate planning attorney:
| Option | Cost Range | What's Included |
|---|
| Trust & Will (Individual Will) | $69 | Will, witness instructions, storage |
| Trust & Will (Comprehensive) | $199 | Will + POA + healthcare directive |
| LegalZoom Basic Will | $89 | Will document only |
| LegalZoom Estate Bundle | $299–$499 | Will + trust + POA + directive |
| LawDepot (subscription) | $9.95–$39.95/mo | All documents |
| Illinois Estate Planning Attorney | $1,200–$3,000+ | Full custom estate plan |
For most Illinois residents with straightforward estates, an online service provides excellent value. An estate attorney makes sense if you have assets exceeding $4 million (due to Illinois estate tax), complex family dynamics, or business interests requiring specialized planning.
Illinois-Specific Considerations
⚠️ Illinois Estate Tax — Know This Before You Plan
This is the most important Illinois-specific issue: Illinois imposes its own estate tax with an exemption of approximately $4 million per individual. This is dramatically lower than the federal estate tax exemption (over $13 million in 2026). That means an Illinois resident with a $5 million estate — which might include a home, retirement accounts, investments, and life insurance — could owe Illinois estate tax even if no federal estate tax is due.
If your total estate value is approaching or exceeds $4 million, consult an Illinois estate planning attorney in addition to any online planning tools you use. There are legal strategies — including irrevocable trusts, gifting programs, and proper titling — that can reduce or eliminate Illinois estate tax liability.
Not a Community Property State
Illinois follows common law property rules. Assets are owned by whoever's name is on the title. Spouses do have statutory rights at death (a surviving spouse can elect against the will for a statutory share), but Illinois's property rules are simpler than community property states in most estate planning contexts.
Probate in Illinois
Illinois probate is handled through the circuit court in the county where the decedent lived. Illinois has a small estate affidavit option for estates under $100,000 that avoids formal probate. For larger estates, a properly drafted will with an independent executor designation can make the probate process more efficient. A revocable living trust avoids probate entirely — worth considering if you have significant assets in multiple states or want to maintain privacy.
Step-by-Step: How to Make a Will in Illinois Online
Choose your service and create an account Visit Trust & Will (our top pick) and select the Individual Will plan or Comprehensive plan. Create a free account to start your questionnaire.
Complete the guided questionnaire Answer questions about your assets, beneficiaries, guardians (if you have minor children), and executor. The process takes 15–25 minutes. Have your beneficiaries' full legal names and addresses handy.
Review and finalize your documents Review the generated will carefully. Make sure all names, addresses, and asset descriptions are accurate. Download or access your final documents.
Sign in front of two witnesses Arrange for two adults (not beneficiaries) to be present when you sign. All three of you must be in the same room. The witnesses sign after you. For Illinois, this is the critical step — do not sign alone or mail documents for signatures.
Store your will safely and tell your executor Keep the original signed will in a fireproof safe, with a trusted person, or with your attorney. Tell your executor where it is. Consider making copies for your records (though only the signed original is the legal will). Update it if your circumstances change.
Frequently Asked Questions
Is an online will legally valid in Illinois?
Yes. Online wills are fully valid in Illinois when signed by the testator and witnessed by two qualifying adults. Online services like Trust & Will generate Illinois-specific language that satisfies all statutory requirements. The document's legality depends on proper execution — not where it was created.
How many witnesses does an Illinois will require?
Illinois requires exactly two witnesses. Both must be at least 18 years old and must sign in the presence of the testator. Witnesses ideally should not be beneficiaries, as this can create legal complications during probate even though Illinois technically allows "interested" witnesses.
Does Illinois require a notary for a will?
No — notarization is not required for a standard will. However, adding a notarized self-proving affidavit is strongly recommended, as it allows the will to be admitted to probate without requiring your witnesses to appear or submit affidavits later.
Are handwritten wills valid in Illinois?
No. Illinois does not recognize holographic (handwritten, unwitnessed) wills. Any will in Illinois must be witnessed by two qualified adults. A handwritten will that was also properly witnessed would be valid, but courts will not accept an unwitnessed handwritten document as a will.
Does Illinois have a state estate tax?
Yes — and this is a critical planning issue. Illinois has an estate tax with an exemption of approximately $4 million. This is much lower than the federal exemption. Illinois residents with estates above $4 million may owe state estate tax and should consult an attorney about estate tax reduction strategies.
What is the best online will service for Illinois?
Trust & Will is our top recommendation for Illinois residents. They offer Illinois-specific, attorney-drafted documents, a guided questionnaire, and competitive pricing starting at $69 for an individual will. Their platform includes a self-proving affidavit option and free document updates.
Does Illinois have community property laws?
No. Illinois is a common law property state. Each spouse owns assets in their own name, and property acquired during marriage is not automatically community property. This generally simplifies estate planning, though proper beneficiary designations and titling are still essential.
How do I avoid probate in Illinois?
The most common way to avoid probate in Illinois is through a revocable living trust. Assets transferred into the trust pass directly to beneficiaries without court involvement. For smaller estates (under $100,000), Illinois allows a simplified small estate affidavit process. Proper beneficiary designations on retirement accounts, life insurance, and bank accounts also bypass probate automatically.
Ready to Make Your Illinois Will?
Trust & Will makes it easy — attorney-drafted, Illinois-specific documents in under 30 minutes. Plans start at $69.
Start Your Will at Trust & Will →
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. For advice specific to your situation, consult a licensed Illinois estate planning attorney.