Article I - Family Information and Definitions
- I am [[married / single / widowed / divorced]].
- My spouse's name, if applicable: [[Spouse Full Legal Name]].
- My children (living and deceased with surviving issue noted): [[List full names, dates of birth if minors, and relationship]].
- The term "issue" or "descendants" means my lawful blood descendants and the lawful blood descendants of any deceased child of mine, per stirpes.
- References to "my estate" or "residuary estate" mean all property of which I die seized or possessed or to which I am entitled at the time of my death, after payment of debts, expenses, and taxes.
Article II - Payment of Debts, Expenses, and Taxes
I direct that all of my legally enforceable debts, funeral expenses, expenses of last illness, and costs of administration of my estate be paid as soon after my death as may be reasonably practicable. I direct that all estate, inheritance, and other death taxes payable by reason of my death, whether on property passing under this Will or otherwise, shall be paid out of my residuary estate without reimbursement from any person.
Article III - Specific Bequests and Devises
I give, devise, and bequeath the following specific items of tangible personal property and real property:
- To [[Beneficiary Full Name and Relationship]], if living, my [[describe specific item, e.g., 2005 Honda Civic VIN XXXXXXXXX, or the real property located at [[Full Address]] in [[City]], Illinois]].
- To [[Beneficiary Full Name]], if living, the sum of $[[Amount]].
- To [[Charity or Organization Name]], if in existence, the sum of $[[Amount]] or [[describe property]].
If any beneficiary named in this Article predeceases me, the bequest to that beneficiary shall lapse and become part of my residuary estate, unless otherwise provided.
Article IV - Residuary Estate
I give, devise, and bequeath all the rest, residue, and remainder of my estate, of whatsoever kind and wheresoever situated, of which I shall die seized or possessed or to which I shall be entitled at the time of my death, to the following persons or entities in the proportions indicated:
- [[Primary Residuary Beneficiary Name(s)]] - [[Percentage]]%.
- [[Alternate Residuary Beneficiary Name(s)]] - [[Percentage]]%.
If any residuary beneficiary does not survive me by [[thirty (30) days]], that beneficiary's share shall be distributed to the beneficiary's then-living issue, per stirpes, or if none, to the other residuary beneficiaries in proportion to their shares.
Article V - Appointment of Executor and Alternate
I nominate and appoint [[Executor Full Legal Name]] as Executor of this my Last Will and Testament. If [[Executor Full Legal Name]] is unable or unwilling to serve, I appoint [[Alternate Executor Full Legal Name]] as successor Executor.
My Executor shall have full power and authority to:
- Sell, lease, mortgage, or otherwise dispose of any real or personal property of my estate without court order and without notice to any beneficiary, at such times, prices, and terms as the Executor deems advisable.
- Invest and reinvest estate assets in any investments the Executor deems prudent.
- Compromise, settle, or adjust any claims in favor of or against my estate.
- Make distributions in kind or in cash, or partly in each, at fair market values determined by the Executor.
- Execute all documents and do all acts necessary or appropriate to administer my estate.
No bond or other security shall be required of any Executor or successor serving under this Will.
Article VI - Appointment of Guardian for Minor Children
If any of my children are minors at the time of my death and my spouse does not survive me or is unable to serve, I nominate and appoint [[Guardian Full Legal Name and Relationship]] as guardian of the person and property of such minor children. If [[Guardian]] is unable or unwilling, I appoint [[Alternate Guardian Full Name]] as successor guardian.
The guardian shall have all powers granted by the Illinois Probate Act of 1975 (755 ILCS 5/) with respect to the care, custody, and education of the minors and management of their property.
Article VII - No-Contest Clause
If any beneficiary under this Will, or any person claiming through or under any such beneficiary, directly or indirectly contests or attacks this Will or any of its provisions, or joins with or assists anyone in any such contest or attack, then such beneficiary shall receive the sum of One Dollar ($1.00) and no more in lieu of any other share or interest in my estate, and the share or interest that would otherwise have passed to such beneficiary shall be distributed as if such beneficiary had predeceased me without surviving issue.
Article VIII - Simultaneous Death and Survivorship
If any beneficiary and I die under circumstances making it impossible to determine who survived the other, it shall be conclusively presumed for purposes of this Will that such beneficiary predeceased me.
Article IX - Self-Proving Affidavit and Execution Formalities
This Will shall be executed in accordance with the requirements of the Illinois Probate Act of 1975, 755 ILCS 5/4-3, requiring that the Will be in writing, signed by the testator (or by some person in the testator's presence and by the testator's direction), and attested in the presence of the testator by two or more credible witnesses.
Signatures and Attestation
I, the undersigned Testator, declare that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
Testator Signature: ______________________________________________
Printed Name: [[Testator Full Legal Name]]
Date: ________________
City, State: [[City]], Illinois
Attestation by Witnesses
The foregoing instrument was signed, published, and declared by [[Testator Full Legal Name]], the Testator named above, to be the Testator's Last Will and Testament, and we, at the Testator's request and in the Testator's presence and in the presence of each other, have hereunto subscribed our names as witnesses on the date written above.
Witness 1 Signature: ______________________________________________
Printed Name: [[Witness 1 Full Legal Name]]
Address: [[Witness 1 Full Address]]
Witness 2 Signature: ______________________________________________
Printed Name: [[Witness 2 Full Legal Name]]
Address: [[Witness 2 Full Address]]
Self-Proving Affidavit (Illinois)
State of Illinois
County of [[County]]
We, [[Testator Full Legal Name]], [[Witness 1 Full Legal Name]], and [[Witness 2 Full Legal Name]], the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as the Testator's Last Will and Testament and that the Testator had signed willingly (or willingly directed another to sign for the Testator), and that the Testator executed it as a free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator and each other, signed the Will as witness and that to the best of the witnesses' knowledge the Testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.
Testator: ______________________________________________
Witness 1: ______________________________________________
Witness 2: ______________________________________________
Subscribed, sworn to, and acknowledged before me by [[Testator Full Legal Name]], the Testator, and subscribed and sworn to before me by [[Witness 1]] and [[Witness 2]], witnesses, this ___ day of ____________, 20___.
Notary Public Signature: ______________________________________________
My commission expires: ________________
(Seal)
Article X - Digital Assets and Online Accounts
I authorize my Executor to access, manage, control, and distribute my digital assets, including but not limited to email accounts, social media accounts, cloud storage, cryptocurrency wallets, domain names, and any other digital property, in accordance with the Revised Uniform Fiduciary Access to Digital Assets Act as adopted in Illinois (755 ILCS 20/) and any other applicable law. My Executor may engage specialists and incur reasonable expenses in connection therewith.
Article XI - Powers of Appointment and Trust Provisions
If any property is subject to a power of appointment held by me, I exercise such power in favor of my residuary beneficiaries in the proportions set forth in Article IV, to the extent permitted by the instrument creating the power.
If any beneficiary is under the age of [[twenty-five (25)]] at the time of distribution, the Executor may hold that beneficiary's share in a separate trust for the benefit of the beneficiary until the beneficiary reaches that age, with discretionary distributions for health, education, maintenance, and support, and the trust shall terminate and distribute to the beneficiary upon reaching the age or upon earlier death to the beneficiary's estate.
Article XII - Miscellaneous
- Governing Law. This Will shall be governed by the laws of the State of Illinois, including the Illinois Probate Act of 1975 (755 ILCS 5/), as amended.
- Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force and effect.
- Headings. Article and section headings are for convenience only and shall not affect interpretation.
- References. References to statutes include all amendments and successor provisions.
This Illinois Last Will and Testament is a sample template meeting the execution and content requirements of the Illinois Probate Act of 1975 (755 ILCS 5/4-1 et seq.). It includes revocation, specific and residuary bequests, executor powers, guardian nomination, self-proving affidavit language, no-contest clause, and two-witness attestation. Illinois does not recognize holographic wills as valid for disposition of property. This document is not legal advice. The testator must sign in the presence of two credible witnesses who also sign in the presence of the testator and each other. Consult an Illinois-licensed attorney to customize and ensure compliance with current law, including any changes after June 2026. Verify statutes via the Illinois General Assembly website. Information current as of June 2026.
