What Can Make My Handwritten Will Valid in Illinois?

 Posted on March 06, 2025 in Estate Planning

Many of us have seen someone on TV or in a movie scrawling their last will and testament on a bar napkin. But would something like that actually hold up in court?

In Illinois, there are specific requirements for a will to be considered valid. If you have found yourself scribbling instructions for the future and you are not sure whether that means you have left clear instructions, a qualified Illinois estate planning lawyer can help you ensure that your final wishes are honored.

Are Handwritten Wills Valid in Illinois?

In Illinois, handwritten wills, officially known as holographic wills, are only legally recognized if they meet the state’s strict standard will requirements for a valid will under state law. According to the Illinois Probate Act, a will can only be legally valid if:

• It is in writing (can be handwritten or typed)

• It is signed by the person who is making the will, also referred to as the testator

• There are at least two credible witnesses who have signed it

If the will you have written does not meet these requirements, a court could deem it invalid. If that happens, your estate could be decided through intestacy, where state laws determine how your assets are distributed. When that happens, there is no guarantee that your wishes will be honored.

Who Can Be a Credible Witness for My Will?

Even if you have two people there when you write your will, and even if they sign it, that does not automatically make the will valid. For your will to be legally recognized in Illinois, the two witnesses need to be at least 18 years old and mentally competent. They also cannot be beneficiaries named in the will or the spouses of your beneficiaries. 

The witnesses must sign the will in your presence, to ensure that it is genuine and that the testator was of sound mind and not under undue influence when creating it.

Exceptions and Special Circumstances for Holographic Wills

Illinois does not recognize unwitnessed holographic wills. However, under certain circumstances, it may accept a handwritten will that was properly executed in another state that allows holographic wills. If you move to Illinois with a legally valid handwritten will from another state, Illinois courts might honor it. However, there are various factors to consider and without consulting an estate planning attorney you could be left with uncertainty.

Contact a Wheaton, IL Estate Planning Lawyer

As you consider your estate and what you want to leave behind for loved ones and other beneficiaries, it is crucial to speak with a knowledgeable DuPage County, IL estate planning attorney. At A. Traub & Associates, we can make sure your will complies with state requirements so your wishes can be honored. Call us at 630-426-0196 to schedule a free consultation.