At Duffley Law, we help Chicago homeowners get a clear, affordable will without the stress or the guesswork. If you own a home in Cook County and pass away without a will, your house and everything else could end up in probate court.
That means a public legal process that costs your family time and money, and a judge decides who gets what, not you. We make sure that decision stays yours.
Illinois has specific rules for making a will valid, and DIY tools often get them wrong. Under the Illinois Compiled Statutes (755 ILCS 5/4-3), a valid will must be signed by you and witnessed by at least two credible witnesses present at the same time.
We handle those details, explain each step, and offer evening and remote appointments so you never have to lose a shift or scramble for childcare.
What Clients Say About Duffley Law
“They made the entire estate planning process easy… really fast and well done.”
Getting a will done does not have to be slow or complicated.
“They took the time to explain everything clearly and answered all of our questions with patience.”
First-timers get plain answers, not legal jargon.
“They even sent a notary to our house to take care of the paperwork.”
Signing a will in Illinois has specific rules, and the firm makes meeting them convenient.
“Very professional and knowledgeable after losing my father.”
Real support during hard moments, especially when a loved one passed without a plan.
Our Wills Services in Chicago
- Drafting simple wills for homeowners and families
- Drafting wills with layered instructions
- Pour-over wills paired with living trusts
- Testamentary trusts built into your will
- Naming an executor to handle your wishes
- Naming a guardian for your children
- Updating or revoking an existing will
- Reviewing DIY or out-of-state wills for Illinois compliance
- Coordinating your will with beneficiary designations and powers of attorney
Understanding Will Requirements in Chicago
Under the Illinois Compiled Statutes (755 ILCS 5/2-1), dying without a will means your property is divided under fixed state rules called intestacy laws. Those rules follow a set order of relatives and can even let the state claim everything if no qualifying family is found.
A will keeps that decision in your hands, but it only works if it meets Illinois requirements. To be valid, your will must be:
- Made by someone 18 or older who understands what they own and who they are providing for.
- Signed by you, or by someone at your direction while you watch.
- Witnessed by two people who do not stand to inherit from the will.
Chicago does not accept handwritten (holographic) wills. Online templates often miss the signing and witness rules, which can void the whole document. Proof of undue influence or lack of capacity can also get a will thrown out in Cook County court.
Why Choose Duffley Law in Chicago
Clear flat-fee pricing, no surprises
You see what your will costs upfront, not after a mystery hourly bill piles up. One fixed price protects the home you are still paying off.
Real Cook County probate knowledge
Cook County is one of the largest probate jurisdictions in the United States. We build your will to meet Illinois signing and witness rules that online tools often get wrong.
You work directly with your attorney
No handoffs to a call center or a rotating team. You talk to the same person who handles your will from start to finish.
One firm for Illinois and Texas property
If you own property in both states, our dual-state practice keeps your plan consistent across borders.
What Happens to Your Assets If You Die Without a Will in Chicago
If you die without a will in Illinois, the state decides who gets your home and everything else. This is called intestate succession, spelled out under 755 ILCS 5/2. Your wishes do not enter the picture.
Here is how Illinois splits your assets when there is no will:
- If you have a spouse and children, your spouse gets half and your children split the other half.
- If you have a spouse and no children, your spouse gets everything.
- If you have children and no spouse, your children split everything equally.
An unmarried partner gets nothing under this formula, no matter how long you were together. That surprises a lot of people.
Blended families, small business shares, and digital accounts can become tangled fast under intestacy. A will puts you back in control of exactly who gets what.
About Duffley Law
Duffley Law serves families across Illinois and Texas, with a focus on making legal planning accessible to working homeowners. We handle wills built around Illinois law, including the state’s specific signing and witness rules that many online tools get wrong.
You get a named attorney who explains things in words you actually use. Pricing is clear and scheduling is flexible, including options outside standard weekday hours, so protecting your home never means losing a day’s pay.
Our Process for Chicago Families
1. Initial Call & Consultation
We start with a call about your family, your situation, and your goals. We set up a consultation from there to go into further detail and provide a flat fee proposal from there.
2. Review of Goals and Assets
Your lead attorney reviews your plan details and goals with you.
3. Document Drafting and Review
Our team prepares your plan documents, whether for a will-based plan or a trust-based plan. We send those documents to you once complete.
4. Explanation of Every Document
We walk you through each document with you and make any revisions as necessary.
5. Convenient Signing and Notarization
For most of our clients, we send out a mobile notary and witness team to your home to finalize signatures.
Frequently Asked Questions About Wills
Can I write my own will in Illinois, or does it have to be done by a lawyer?
You can write your own will in Illinois, but it must meet strict signing rules to be valid. Illinois law requires the will to be signed by you and witnessed by two people who watch you sign.
Does a will avoid probate in Illinois, or will my house still go through court?
A will does not avoid probate on its own. Probate is the public court process where a judge oversees how your things get passed on, and in Illinois it is usually required when a home is involved.
How long does probate take in Cook County if someone dies without a will?
Probate in Cook County commonly takes several months to over a year, and dying without a will usually makes it longer and more expensive. Without a will, the court decides who gets your home and things based on a state formula, not your wishes.
What is a self-proving will and do I need one in Illinois?
A self-proving will includes a signed statement from your witnesses that is notarized at the signing appointment. It matters because the court can accept the will without tracking down your witnesses years later.
Can I disinherit my spouse in Illinois if I leave them out of my will?
Not fully. Illinois protects a surviving spouse with a renunciation right, which lets them claim a set share of your assets even if your will leaves them nothing.
Who should I name as my executor, and can it be a family member?
Your executor is the person who carries out your will and handles the court process, and yes, a family member can serve. Pick someone organized, trustworthy, and willing to deal with paperwork and deadlines in Cook County probate court.
Does my will cover my retirement accounts and life insurance?
Usually no. Retirement accounts and life insurance pass to whoever you named as the beneficiary on those accounts, not through your will.
How often should I update my will after buying a home or having kids?
Review your will after any major life change: buying a home, having a child, marriage, divorce, or a death in the family. A good rule is to look it over every three to five years even if nothing big happens.
Can I change my will after it is signed, or do I have to start over?
You can change your will anytime while you are alive and of sound mind. Small updates are handled with an add-on document called a codicil, while bigger changes usually mean drafting a fresh will.
Local Resources in Chicago
- Cook County Probate Court
Handles the legal process of validating testamentary documents and administering decedents’ estates. - Cook County Clerk’s Office
Maintains official public records and filings for Cook County, including certain estate-related documents. - Cook County Recorder of Deeds
Records and preserves real property ownership documents, relevant when transferring real estate through an estate. - Chicago Bar Association
Local bar association offering attorney referrals and resources for residents navigating legal matters. - Social Security Administration, Chicago Field Office
Federal office handling survivor benefits and related claims that often arise after a person’s death. - Cook County Assessor’s Office
Determines property values for tax purposes, relevant when real estate is included in an estate.
Ready to Create Your Will in Chicago
If you own a home in Chicago and pass away without a will, Cook County probate court decides what happens to your property. That means public court proceedings, legal fees, and delays your family has to carry. A simple will prevents all of that.
You do not have to lose a day of work to get it done. With an office in Park Ridge, Duffley Law offers flexible scheduling, including evening and remote appointments, so you can start on your own time.
Get a free 15-minute call to see exactly what your will would cost, ask any questions, and choose an appointment time that fits your schedule.
Call us today to protect your home and your family.