What Is a Last Will and Testament?
Illinois defines a will as “an electronic will, certified paper copy of an electronic will, testament and codicil.” (§ 755 ILCS 5/1-2.18)
Requirements
To execute a valid will, individuals must:
- Be at least 18 years old and have a sound mind and memory. (§ 755 ILCS 5/4-1)
- The will must be in writing. (§ 755 ILCS 5/4-3)
- Sign in the presence of two credible (2) witnesses. (§ 755 ILCS 5/4-3)
Filing
Illinois does not require filing a will during the testator’s lifetime. However, after the testator’s death, the will must be filed with the probate court in the county of residence.
Sources
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