If you don't make a will or use some other legal method to transfer your property when you die, state law will determine what happens to your property. Generally, it
will go to your spouse and children or, if you have neither, to your other closest relatives . If no relatives can be found to inherit your property, it will go to the state.

In addition, in the absence of a Will, a court will determine who will care for your young children and their property if the other parent is unavailable or unfit to do so.

If you are part of an unmarried same-sex couple, your surviving partner will not inherit anything unless you live in one of the few states that allows registered
domestic partners to inherit like spouses.
Any adult of sound mind is entitled to make a Will.  Beyond that, there are just a few technical requirements a will must fulfill:

The Will must be signed by at least two witnesses. The witnesses must watch you sign the Will, though they don't need to read it. Your witnesses, in most states, must be
people who won't inherit anything under the will.

You must date and sign the Will.  You don't have to have your Will notarized, however, if you and your witnesses sign an affidavit, before a notary public, you can
help simplify the court procedures required to prove the validity of the Will.

You do not have to record or file your Will with any government agency, although it can be recorded or filed in a few states. Just keep your Will in a safe, accessible  
place and be sure the person in charge of winding up your affairs (your executor) knows where it is.
CPS understands that deciding to put together your Will, Living Will, or other Estate documents together, can be challenging and for some, very stressful. Let us help
you with this process by easing you into the process.

CPS can make the documentation process a bit easier by preparing the documents you need to create your Estate Documents in accordance to your needs.

CPS will also provide pro se clients with the necessary information as to how they can file their Estate Documents with the court.
Chapter 5/4-1 of Section 755 of Illinois’ Code requires that all wills be in writing. The testator, or the person making the will, must also be at least 18 years of age and
have sufficient mental capacity to know what he is doing. If all legal criteria are met and your will is witnessed by at least two credible witnesses, the fact that it is
handwritten does not invalidate it.

Number of Witnesses Attested in presence of testator  - Two or more credible witnesses (not necessarily in each other's presence).

Nuncupative (Oral Wills) -are not valid in Illinois. Nuncupative Will is one that is made verbally in the presence of witnesses. For example, a Will made by a terminally
ill individual when a written Will is not possible.

Holographic Wills (Handwritten) are not valid in Illinois. A Holographic Will is one that is handwritten by the Testator without any witnesses. In Illinois, the legality of a
holographic will depends not on the handwriting but on the witnesses. If there are witnesses and follows the other required IL formalities, then it would be valid.

The signatures of two attesting witnesses are mandatory. Any person competent to be a witness may witness a Will. The witnesses must sign in the presence of the
testator as well as the presence of each other. Witnesses who have in an interest in the Will, that is beneficiaries, may sign, but Illinois requires at least two witnesses
that are not beneficiaries. Since Illinois requires witnesses beyond beneficiaries it is often better for individuals with no interest in the Will to witness so that there will not
be any claim that a witness exerted improper influence over the Testator.
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WILLS & ESTATE DOCUMENTS
WHAT MAKES A WILL LEGAL?
DO I NEED A LAWYER TO CREATE A WILL FOR ME?
ILLINOIS WILL LAWS. 5/4-1, et seq.
WHAT HAPPENS IF I DIE WITHOUT A WILL?
A lawyer does not have to write a Will, and most people do not need a lawyer's help to make a Basic Will.  However, if you own real estate, investments, and
personal items to you wish to leave to certain loved ones, or if you have young children, that names a guardian to take care of them, you should consult an Estate
Attorney.
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Self-Proven Wills  

An affidavit is not required for an Illinois Will to be valid.  There are certain probate advantages if an affidavit of the Will’s authenticity is signed by the testator
    and the two witnesses before a notary the Will is “self-proven”. Such a “self-proven” Will may be probated in a simplified procedure.

Wills From Other Jurisdictions

Many jurisdictions have requirements differing from those of Illinois.  Wills executed in those jurisdictions according to their law will be recognized as valid in Illinois.  
    The exceptions to this rule are the “holographic” and “nuncupative” Wills discussed above.

Execution of Codicils

There are times that someone may wish to make a minor change to a Will without rewriting the entire document. Such changes, clarifications or amendments
    are referred to as “codicils”. Illinois will recognize such changes to a Will, but only if a codicil meets the formalities required for the original Will’s execution.