Money & Debt

A Last Will and Testament or a “Will” is a formal written document where someone can pick people they want to give their property to after they die. The person who wrote the Will and later passed away is called the “decedent.” Someone who has died The people who receive the decedent’s property are called “beneficiaries”. 

In this document, a person can name an “Executor”. Person in charge of giving out the property left in a will After that person dies, the executor becomes responsible for three things:

• Collecting assets Anything a person owns that has financial value
• Paying debts, and
• Distributing assets based on the instructions left by the decedent. 

If a person has minor A person under 18 years old children, they can name a legal guardian for their children in case the children are still minors when the parent dies.

A Will is helpful to have for special requests on dividing property. If someone dies without a Will, their estate All of the property a person owns at their death will be divided up according to the Illinois Probate A court process where a person's property is given out after they die Act. The surviving heirs, people who are legally entitled to the decedent’s property, must settle To resolve a case before finishing a trial the estate in probate court.

A Living Will is a legal document that discusses a person’s wishes for their end-of-life medical treatment. It deals with very specific decisions that need to be made about a person’s medical care while they are still alive. For example, a Living Will can contain information about someone’s desire to receive life supporting medical treatment if they become severely disabled or are placed on life support. Learn more about creating a Living Will.

A Will is a legal document that has your instructions for what to do with a person’s property after they die. It deals with things that need to happen after someone passes away. 

A Living Will and a Will, or Last Will and Testament, are two separate legal documents. It is important to understand the difference.

A person can give away any type of real estate Property consisting of land or buildings like a house or an apartment or personal property in their will that they own by themselves. There are some types of property that can’t be included in someone’s will including:

• Jointly owned property,
• Property that has a named beneficiary, A person that gets property or money from someone when they die and
• Property held in an existing trust.

If someone wants to give away real estate in a Will, like a house or a condominium, the Will must go through probate A court process where a person's property is given out after they die court for that property to be distributed to their heirs. A Will alone does not bypass the probate process. It just provides instructions for the court to use in distributing a decedent’s Someone who has died assets. Anything a person owns that has financial value

Anyone. A person can leave their estate All of the property a person owns at their death to family members, organizations, charities, debt collectors, or even complete strangers. If a person is married at the time of their death, there are different rules for how much of a person’s estate must go to their spouse.

Under the Illinois Probate A court process where a person's property is given out after they die Act, there are certain requirements to make a Will valid. The writer must:

• Be 18 years or older,
• Be of sound mind A person who has full mental capabilities and is able to understand, think, and reason and memory,
• Have their will in a written document. Simply telling their family how they want their property divided isn't enough, and
• Sign the will and have two people who are not benefiting from the Will witness A person who answers questions in court under oath the signing.

A Will can be written electronically as long as it meets the requirements above. Witnesses may attend virtually and the signatures may be electronic. If creating an electronic Will, the original version may be produced as a certified copy. A copy of a document that can be used instead of the original because an official has approved it as a true and accurate copy by signing it.

Here are some things people should consider when writing their wills:

• Who should be the executor Person in charge of giving out the property left in a will to carry out the instructions in the will?
• Who should be their beneficiaries and receive a part of their estate? All of the property a person owns at their death
• Are there any debts that need to be paid upon death?
• Do they want to make any charitable donations?
• Should they create a trust for their spouse or children?

Yes, after the decedent’s Someone who has died death, the original Will must be filed in the county where the decedent lived when they died.

Sometimes the person is in a hospital or nursing home when they die. The Will should be filed in the county of their primary place of residence. If they primarily lived in a nursing home, the Will should be filled in that county.

Filling a Will with the correct county will start the estate All of the property a person owns at their death administration process.

Even a minor A person under 18 years old change to a will must be written on a separate document called a codicil. Changes require the same formalities as making a Will. It must be signed by the person making the will. The signature must be witnessed by two people who get nothing from the will. If many things need changing in a will, it might be better to simply write an entirely new document.

Yes, a will can be revoked, or made invalid, at any time. If a Will is revoked without creating a new one before a person dies, their property will be divided up according to the Illinois Probate A court process where a person's property is given out after they die Act.

A person can do any of the following to revoke Cancel or take back their will:

• Destroy the document or instruct someone else to destroy the document. This includes burning, tearing, or even shredding the piece of paper.
• If they write an entirely new will, they can include a sentence explaining that their original Will is now invalid. If this isn’t stated in the new will, the original and newest versions will be compared. Any differences in the newest version will be how their property is divided.
• They can simply write on a separate piece of paper, stating that their Will is revoked. This written statement must be signed by two witnesses who aren't getting anything from the will.

Probate A court process where a person's property is given out after they die is a formal legal process in court to distribute a person’s property after they die. If a person had a Will when they died, their property is given out based on what the Will says.

The executor Person in charge of giving out the property left in a will is the person named in the will who is in charge of distributing the decedent's Someone who has died property. The court must also officially appoint the person during the probate proceeding.

Whether probate is required depends on a number of factors. These factors include:

• The amount of money in the estate, All of the property a person owns at their death
• Whether there is real property in the estate, such as a house or condo,
• Whether the final bills will be paid, and
• Whether anyone will be fighting over the estate or “contesting” the will.

In Illinois, legal spouses can’t be disinherited. If the deceased's spouse and children are not named in the Will, the spouse may still get a certain amount of the estate. All of the property a person owns at their death This is true even if the spouses were separated for many years. The children may also receive something from the estate. The age of the children doesn't matter, as long as they were financially dependent A person who relies on another for support, such as a child or person with a disability on the person who died.

A surviving spouse can renounce, or reject, a will for any reason. If a spouse renounces the decedent’s Someone who has died will then they will get one-half of the estate if they have no children or other descendants. If there are children, the surviving spouse will receive one-third. If a person dies without a lot of property, the surviving spouse is allowed to claim $20,000 from the estate and the rest of the beneficiaries are awarded any property that is left.

This only applies to a surviving spouse. If someone is divorced, the ex-spouse does not need to be included in a Will at all. An ex-spouse cannot renounce a decedent’s will. However, they are only separated, but still legally married at the time of death, the surviving spouse can still renounce the will.
 

If you die without a Will, your estate All of the property a person owns at their death will be divided up in probate court according to the Illinois Probate Act. The probate court assigns an administrator to settle To resolve a case before finishing a trial the decedent's Someone who has died estate when there is no will. The administrator has to do certain things, including:

• Gathering all of the person's assets, Anything a person owns that has financial value
• Paying bills out of the decedent's money, or
• Distributing the estate property to those people who should receive money or property.

Exactly how your property is transferred depends on the kinds of heirs that are still alive when you die and on how your property is owned.

Any property co-owned by you and another person may not be a part of your estate. 

For example, if two people own a car and one dies, the other becomes the sole owner of the car. In addition, any property with a beneficiary A person that gets property or money from someone when they die will not go through your estate. Cars, bank accounts, or life insurance policies often have beneficiaries.

If you have a spouse

If you are married at the time of your death and have no children, then your spouse will receive your entire estate.

If you are married at the time of your death and have children who are living, your spouse and children will inherit your estate. The child can be a minor A person under 18 years old or an adult. Any person 18 years old or over Children who are in utero at the time of the decedent’s death can still be included in the estate. In utero means developing in the womb, but not born yet. Children created with assisted reproduction can also be included in the share of the estate if:

• The decedent is the biological parent of the child (the sperm or egg of the decedent was used to create the child),
• The child is born within 36 months of the decedent's death,
• The decedent consented in writing before death to be a legal parent of any potential child created from their sperm or egg, and
• The administrator of the estate receives a written notice with a copy of the decedent's written consent When someone gives permission for someone else to do something within six months of the decedent's death.

Your spouse will receive half of your estate and the other half will be divided equally between your children. The court will also award your spouse a reasonable amount of money from your estate as support for nine months. This support is for your spouse and any child that is financially dependent A person who relies on another for support, such as a child or person with a disability on you at the time of your death. 

If one of your children has died before you and they had children of their own, your grandchildren by that child will receive that deceased child's share, to be split evenly among your surviving grandchildren. 

Note that your spouse is entitled to inherit, even if you and your spouse have been separated for a long time.

If you don't have a spouse

If you were single, divorced, or widowed at the time of your death and have children, then your estate will be divided equally between your children.

The court will also award each child that is financially dependent on you an amount of money from your estate. The child can be a minor or an adult. The award must be used to support the dependent child for nine months and will go to a guardian or other representative on the child's behalf.

If one of your children has died before you and has had children of their own, your grandchildren by that child will receive that deceased child's share, to be split evenly among your surviving grandchildren.

Note that your spouse is entitled to inherit, even if you and your spouse have been separated for a long time.

If you were single, divorced, or widowed at the time of your death and have no children, your estate All of the property a person owns at their death will be divided according to the Probate A court process where a person's property is given out after they die Act. First, your estate will be divided equally among parents and siblings, with a double portion going to a single surviving parent if there is no other parent. If there are no parents, but there are siblings, the siblings divide the estate equally.

If there are no parents or siblings, but nieces and nephews, the nieces and nephews divide the estate equally.

If there are no living parents, siblings, or descendants of siblings, the estate will be inherited by the grandparents and their descendants. This includes aunts, uncles, or cousins. 

If there are no living parents, siblings, descendants of siblings, grandparents, or descendants of grandparents, then the estate will be inherited by the great-grandparents and their descendants.

If there is no spouse and no close relatives, the entire estate goes to the next nearest “kindred” who can establish the relationship.

If there is no spouse and kindred, the real property goes to the county where it is located. Any personal property goes to the state.

Basically, it will go to the nearest blood relatives, divided equally between them. Note, the division of the estate is based only on marriage and blood relations. The “interpersonal relationship” does not matter. Even if someone feels “closer” to one sibling than another, the estate will still be divided equally among all the siblings.

Important: To leave anything to non-married partners, friends, or non-blood relations such as stepchildren or in-laws, you will need to have a will or other official estate planning documents. Without it, these individuals will not receive any part of your estate.

There are no standardized forms for wills in Illinois. As long as a will meets all the requirements under the law, then it is valid. There are programs that are available, free and paid, for creating simple wills, that can be found by searching online.

It’s recommended to have an estate All of the property a person owns at their death planning attorney review any will from an online form to confirm it is legally valid. If it’s not legally valid when you die, then your surviving heirs will have trouble with getting your estate settled, and it will likely go to probate. A court process where a person's property is given out after they die

Use our Get Legal Help tool to find assistance with writing a will. If you are a first responder, military veteran, or spouse of a first responder or military veteran, you may be able to receive assistance through the Chicago Bar Foundation Wills for Heroes program.

Writing a will is very difficult. It is a good idea to speak to an attorney about creating your will so that after you die, your property is divided exactly how you want. An invalid will is subject to the Probate Act and might not accurately reflect your wishes.