How to Write a Will in Illinois: A Step-by-Step Guide
Writing a will is an essential step in ensuring that your assets are distributed according to your wishes after you pass away. In Illinois, the process of writing a will is relatively straightforward, but it is crucial to follow the correct legal procedures to ensure that your will is legally valid. In this article, we will provide you with a step-by-step guide on how to write a will in Illinois.
Step 1: Determine Your Eligibility
In Illinois, to be eligible to write a will, you must be at least 18 years old and of sound mind. If you meet these requirements, you can proceed to the next step.
Step 2: Decide How You Want to Write Your Will
There are three ways you can write your will in Illinois:
- Do-it-yourself: You can write your will yourself using online templates or will-writing software. However, it is important to note that a will must meet specific legal requirements to be considered valid, so consulting with an attorney is highly recommended.
- Hire an attorney: Hiring an attorney who specializes in estate planning can provide you with expert guidance and ensure that your will complies with all legal requirements.
- Use a will-making service: Some online services offer will-making assistance for a fee. While this option may be more affordable than hiring an attorney, it is still important to ensure that the service you choose is reputable and reliable.
Step 3: Gather the Necessary Information
Before you start drafting your will, gather all the necessary information, including:
- A list of your assets, including real estate, bank accounts, investments, and personal belongings.
- Names and contact information of beneficiaries and alternate beneficiaries.
- Names and contact information of your chosen executor(s) – the person(s) responsible for administering your estate.
- If you have minor children, the names of the individuals you wish to appoint as guardians.
Step 4: Draft Your Will
When drafting your will, the document should include:
- A clear statement that the document is your last will and testament.
- Your full legal name and address.
- A clause revoking any previous wills or codicils.
- Instructions on how you want your assets to be distributed.
- Appointment of an executor to carry out your wishes.
- If you have minor children, the appointment of a guardian.
- Your signature and the signatures of two witnesses.
Step 5: Signing and Witnessing Your Will
In Illinois, to make your will legally valid, it must be signed by you and witnessed by two competent individuals who are not beneficiaries or closely related to beneficiaries. The witnesses must also sign the will in your presence.
Step 6: Store Your Will Safely
After signing your will, store it in a safe place where it can be easily accessed when needed. Inform your executor and close family members of the location of your will, so it can be located when the time comes.
Remember that it is essential to review and update your will periodically, especially after major life events such as marriage, divorce, or the birth of children.
Writing a will may seem like a daunting task, but with careful planning and attention to detail, you can ensure that your final wishes are fulfilled. Consulting with an attorney experienced in estate planning is highly recommended to ensure your will meets all legal requirements in Illinois.