At Duffley Law, we help Illinois residents create wills without the cost or hassle most people expect. We keep it efficient, with no surprise bills or unnecessary office visits.
A will is a legal document that says who gets your property when you die and who you trust to handle your affairs as executor. This might include describing who should raise your minor children as well.
If you do not have a will, you are not alone. According to the Caring.com 2024 Wills and Estate Planning Study, approximately 56% of American adults do not have a will or any estate planning documents in place. But without one, you die “intestate,” which means Illinois law decides who inherits your assets, whether that matches your wishes or not.
A valid Illinois will lets you name beneficiaries, choose a guardian for your children, appoint an executor, and leave specific gifts to family, friends, or charities. A will by itself does not avoid probate, but it does control how your property is distributed once that process begins.
At Duffley Law, we make the process manageable and clear.
Types of Wills in Illinois
- Simple will: Names a guardian for your kids, says who gets what you own, and picks someone to handle it all. Right for many people with a very simple setup.
- Testamentary trust will: A will that creates a trust after you die; sometimes used when you want money held for young children until a certain age.
- Pour-over will: Used alongside a living trust. Anything left out of the trust gets “poured” into it when you die.
- Joint will: One document signed by two people, usually spouses. Rarely used today because it can make things awkward for the surviving partner in.
Handwritten wills without witnesses are not valid in Illinois. A will here must be signed by you and two witnesses.
Our Will Drafting and Estate Planning Services for Illinois Residents
- Simple wills for straightforward estates
- Pour-over wills that work alongside a living trust
- Testamentary trust wills for kids or long-term planning
- Codicils and will amendments
- Naming your executor and guardian for your kids
- Beneficiary designation reviews for bank accounts, retirement, and life insurance
- Coordination with revocable living trusts
- Durable power of attorney for property
- Healthcare power of attorney and advance directives
- Will updates after a marriage, divorce, birth, or death in the family
- Full estate planning consultations
Trusted Legal Guidance For All Things Probate
For more information or assistance with probate, please call us now at (832) 843-1511. We provide our clients with personalized guidance to help make the process as simple as possible.
Why Choose Duffley Law for Your Illinois Will
Real Illinois knowledge
Your will has to follow the Illinois Probate Act of 1975, including specific witness and signing rules. We draft documents to Illinois standards.
Direct access to an attorney
You work directly with a lawyer to prepare your documents according to your goals.
Clear, upfront pricing
You hear the flat fee before you commit. The pricing will be clear, and there won’t be an hourly meter running for a quick question while we’re preparing your plan.
Built for busy schedules
Virtual appointments are standard. For signings, our team comes to you with a notary and required witnesses. You do not need to take a weekday off or drive across town to get this done.
Private and protected
Everything you share with your attorney is covered by attorney-client confidentiality, whether you are planning solo, as a couple, or for a blended family with kids from prior relationships.
Common Will Mistakes Illinois Residents Make
While every situation is different, and mistakes for one person may cause different things for another person, here are some mistakes we see most often in Illinois:
- Dying without a will, which means Illinois intestacy law (755 ILCS 5/2) decides who gets your house, your car, and your bank account, not you.
- Using an online template that doesn’t follow Illinois signing rules, which requires two witnesses, or fails to include a self-proving affidavit to skip extra court steps.
- Forgetting to update the will after a marriage, divorce, new baby, or death in the family. Generally, Illinois law (755 ILCS 5/4-7) automatically cancels gifts to an ex-spouse after divorce, which can leave gaps.
- Failing to name a backup executor or backup guardian for your kids.
- Letting the will contradict the beneficiary designations on your 401(k) or life insurance.
- Contradictory language inside of the will itself.
- Hiding the signed will where no one can find it.
- Leaving out a residuary clause in the will.
- Assuming a will, by itself, avoids probate court.
According to the Caring.com 2024 Wills and Estate Planning Study, 40% of U.S. adults without a will say they simply haven’t gotten around to making one, and 33% believe they don’t have enough assets to leave behind. Both are misconceptions that can have real legal consequences.
About Duffley Law
Duffley Law helps clients in Illinois write wills and plan what happens to what they own. The firm works with families, parents with young kids, and first-time clients who have never sat down with a lawyer before.
The practice focuses on estate planning, which means preparing wills, trusts, powers of attorney, healthcare directives, and guardianship documents to try and make sure that your stuff goes to the people you want it to, and that the right people are named to manage it if something happens to you.
According to the Attorney Registration and Disciplinary Commission of Illinois 2023 Annual Report, Illinois has over 94,000 licensed attorneys, so finding one who actually works on wills and estate planning every day can make a big difference in narrowing down the choice.
Duffley Law is admitted to practice in Illinois, so every will and estate plan is built to meet Illinois witness and signing rules.
Plan review appointments are done virtually, which means you do not have to take a weekday off or drive across town to get this handled. And, for signing the plan documents, we come to you with a mobile notary and witnesses so you also don’t have to come into an office for that!
Our approach is to provide clear answers, flat pricing, and an effective process.
How Duffley Law Helps You Create a Valid Illinois Will
1. Free Initial Consultation
We start with a short call to understand your family, what you own, and who you want to take care of. Then we will schedule a consultation to go into greater detail and create a formal plan proposal. You will leave the consultation knowing what your will and estate plan covers and what it will cost.
2. Asset and Family Inventory
We send you a simple form to complete to confirm some details about what you own (home, car, bank accounts, retirement) and the people involved in your plan (your partner, your kids, a guardian for minor children, etc.).
3. Meet With Your Attorney
Your attorney meets with you (virtually) to re-confirm your plan details and any missing information we might need to complete your documents.
4. Attorney Drafts Your Will
Your attorney drafts your will and any companion documents consistent with Illinois law. Documents go through an internal quality review process with our team before being delivered to you.
5. Reviewing Your Documents With Your Attorney
You meet with your attorney to review the documents together. If necessary, your attorney will make revisions to the documents. We want to make sure the documents are in line with your goals and intentions.
6. Signing Meeting
Once approved, the documents are ready for signing. We’ll coordinate sending two witnesses and a notary to you so everything can be signed conveniently. For wills, we add a self-proving affidavit and notarization under 755 ILCS 5/6-4, which keeps your witnesses from having to appear in court later.
7. Plan Completion
Once signed, we’ll record any real estate documents with the county as applicable. But, at this point, the plan should be active! You’ll keep the signed original documents and we’ll provide a digital copy for your convenience.
Frequently Asked Questions About Wills in Illinois
What happens if I die without a will in Illinois?
Illinois decides for you. The state’s intestate law (the default rules when there’s no will) splits what you own (often between your spouse and kids, usually half to your spouse and half divided among the children, but everyone’s situation can differ). If you have no spouse or kids, it typically moves to parents, siblings, and other relatives. The court may also need to pick a guardian for your minor kids if both parents have passed away.
Does having a will let my family skip probate in Illinois?
No. A will tells the probate court who gets what, but the case still goes through probate. Illinois can sometimes allow a small estate shortcut if what you own is under $100,000 and there is no real estate, which can skip the formal probate process. If you want to avoid probate entirely, that often includes preparing something like a living trust, not just a will.
Can I write my own will in Illinois using a template or LegalZoom?
You can, but Illinois has strict signing rules, and a seemingly small mistake can void the whole thing. The will must be signed by you and two witnesses who are not getting anything in the will, all present at the same time. Templates often miss this or use wording from another state. Other templates might be valid, but ignore best practices for Illinois that would make things simpler in the event of a probate. And other templates might not actually achieve what you want. So tread carefully if you want to try going the online template route! Working with an effective attorney removes the guesswork.
How much does a simple will cost in Illinois?
Simplistic wills might run a few hundred dollars with some attorneys. More comprehensive planning to avoid probate typically costs significantly more than that. Duffley Law handles wills and estate planning on a flat-fee basis so you know the price before you start. More complex plans (trusts, blended families, business owners) cost more, but most people who just want a basic will, a guardian for their kids, and clear instructions for their stuff fall into the simple category.
How often should I update my will?
Review it periodically and any time something big changes. That means marriage, divorce, a new baby, a death in the family, buying a home, or a major change in what you own. You often do not need to start from scratch every time. A short amendment called a codicil can update specific parts, or we can replace the will entirely if the changes are bigger. Every person’s situation and goals are different so the solution might be different as well.
Who can serve as my executor in Illinois?
At the very least, your executor (the person who handles your will after you die) must be at least 18, of sound mind, and not a convicted felon. Illinois also requires non-resident executors to either live in the U.S. or appoint an in-state agent. Most people pick a spouse, adult child, sibling, or close friend. Some people pick a professional service. Either way, pick someone organized and trustworthy, and always name a backup in case your first choice can’t serve as executor.
What is the difference between a will and a living trust in Illinois?
A will takes effect when you die and goes through probate. A living trust takes effect while you are alive, holds your property in the trust’s name, and passes it to your family without probate when you die. Trusts cost more upfront and take more work to set up, but, when used properly, they can end up avoiding serious headaches and other costs in the long run.
How long does probate take in Illinois?
Formal probate in Illinois often takes six months to a year, sometimes much longer if the will is contested or the estate is complicated. Creditors may file claims against the estate as well, which can extend the process further. Small estates under $100,000 with no real estate can often be settled in a few weeks using a small estate affidavit instead, assuming that is an available option.
What Clients Say About Duffley Law
“They made the entire estate planning process easy… really fast and well done.”
We always aim to get things done properly and effectively.
“They took the time to explain everything clearly and answered all of our questions with patience.”
We always want to make sure our clients understand what they are signing. If you have never written a will before, this is the kind of guidance that makes the process feel more manageable.
“Very professional and knowledgeable after losing my father.”
Many people start planning after losing someone close. We always want to remain sensitive to each client’s personal situation and each person’s motivation for getting the plan done in the first place.
“They even sent a notary to our house to take care of the paperwork.”
Illinois wills need proper witnessing and notarization to hold up. Bringing the notary and signing team to you removes one more reason to keep putting it off.
Illinois Legal and Estate Planning Resources
- Illinois Circuit Courts/County Probate Courts: where wills are filed after death and probate estates, guardianships, and estate administration matters are handled.
- Illinois General Assembly, Probate Act of 1975, 755 ILCS 5: the main Illinois statute governing wills, probate, executors, intestacy, and estate administration.
- Illinois Department on Aging, Advance Directives Legal Forms: statewide forms and guidance for powers of attorney, living wills, mental health treatment declarations, and POLST forms.
- County Clerk Offices in Illinois: local source for death certificates, marriage records, and other vital records needed for estate planning or probate.
- County Recorder/Recorder of Deeds Offices: property deeds, transfer-on-death instruments, recorded real estate documents, and title history for Illinois real estate.
- County Assessor Offices: property ownership, assessed value, exemptions, and real estate tax information for estate planning or probate inventory work.
- Illinois Secretary of State, Vehicle Services: vehicle title transfers, small-estate-related title issues, and power-of-attorney forms for vehicle transactions.
- Illinois State Bar Association, Estate Planning Guide: public guidance on wills, executors, small estate affidavits, guardians for children, trusts, and what happens without a will.
- Illinois Legal Aid Online, Wills and Estate Planning: plain-language resources on wills, probate, powers of attorney, small estate affidavits, and transfer-on-death instruments.
- Prairie State Legal Services: legal aid resource for many Northern Illinois residents outside Cook County.
- Land of Lincoln Legal Aid: legal aid provider for Central and Southern Illinois residents.
- Cook County Probate Division: probate court resource for Chicago and Cook County matters involving wills, estates, guardianships, and claims against estates.
Ready to Create Your Illinois Will? Contact Duffley Law Today
Putting off planning means Illinois decides who gets what if something happens. State law may split your assets in a way that you do not want, pick a guardian without your input, or send your family through probate court to sort things out. An effective will can be a great first step towards avoiding many issues in the future.
When coupled with other powerful estate planning documents, we often can create a plan that achieves a person’s goals with the least amount of court intervention possible.
Get your will started today. Call Duffley Law or book a free 15-minute call through the contact form on this page. With an office in Park Ridge, we will answer your questions, quote a flat price up front, and walk you through what happens next.