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 with no 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 reviews and updates after a marriage, divorce, birth, or death in the family
- Full estate plan review 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, not a template
Your will has to follow the Illinois Probate Act of 1975, including specific witness and signing rules. We draft to that standard, not a generic 50-state form.
One attorney, start to finish
You work directly with your lawyer. No handoffs, no call centers, no junior staff drafting your documents behind a curtain.
Clear, upfront pricing
You hear the fee before you commit. No surprise bills, no hourly meter running on a quick question.
Built for busy schedules
Phone and video appointments are standard. You do not need to take a weekday off or drive across town to get this done.
Plans that grow with you
New baby, new home, new marriage, or a move between Illinois and Texas? We update your will so it keeps matching your real life. Our dual-market experience across both states is a real advantage for families with ties to each.
Private and protected
Everything you share 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
Here are the 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 fails Illinois signing rules, which require two witnesses and 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. Illinois law (755 ILCS 5/4-7) automatically cancels gifts to an ex-spouse after divorce, which can leave gaps.
- Skipping a backup executor or backup guardian for your kids.
- Letting the will contradict the beneficiary forms on your 401(k) or life insurance, since those forms always win.
- Hiding the signed will where no one can find it.
- Leaving out a residuary clause, so anything you forgot to mention goes through intestacy anyway.
- Assuming a will avoids probate, the court process that reviews a will and transfers what you own. In Illinois, a will guides probate, it does not skip it.
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 people in Illinois and Texas write wills and plan what happens to what they own. The firm works with everyday families, parents with young kids, and first-time clients who have never sat down with a lawyer before. No corporate jargon.
The practice focuses on estate planning, which means wills, simple trusts, powers of attorney, and guardianship for your kids. That focus matters.
According to the Attorney Registration and Disciplinary Commission of Illinois 2023 Annual Report, Illinois has over 94,000 licensed attorneys, so picking one who actually works on wills every day is worth the extra minute.
Duffley Law is admitted to practice in Illinois and is a member of the Illinois State Bar Association, so every will is built to meet Illinois witness and signing rules.
Appointments can be done virtually, which means you do not have to take a weekday off or drive across town to get this handled.
The approach is to provide clear answers, flat pricing, and a process that respects your time. You bring the questions, the firm brings the paperwork, and most simple wills wrap up in one or two short meetings.
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. No jargon, no pressure. You will leave the call knowing what your will should cover and what it will cost.
2. Asset and Family Inventory
You send us a simple list of what you own (home, car, bank accounts, retirement) and who matters most (your partner, your kids, a guardian for minor children). We do not need bank statements or appraisals for a standard will.
3. Attorney Drafts Your Will
Your attorney drafts your will and any companion documents under Illinois law. Everything is written in plain English so you actually understand what you are signing.
4. You Review the Draft
You read it, ask questions, and request changes. Most clients have one or two small edits.
5. Signing Meeting
You sign with two witnesses present. 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.
6. Secure Delivery and Future Updates
You get your signed original plus guidance on safe storage. We are here when life changes (new baby, new home, new marriage) and your will needs an update.
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 between your spouse and kids, usually half to your spouse and half divided among the children. If you have no spouse or kids, it moves to parents, siblings, and further out. The court also picks a guardian for your kids if both parents are gone.
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 does allow a small estate shortcut if what you own is under $100,000 and there is no real estate, which skips formal probate. If you want to avoid probate entirely, that usually means 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 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. If your situation is simple, working with an attorney removes the guesswork.
How much does a simple will cost in Illinois?
Simple wills from most Illinois attorneys run a few hundred dollars as a flat fee. Duffley Law handles straightforward wills on a flat-fee basis so you know the price before you start, with no hourly surprises. 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 every three to five years, 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 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.
Who can serve as my executor in Illinois?
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. Pick someone organized and trustworthy, and always name a backup in case your first choice can’t serve.
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.
How long does probate take in Illinois?
Formal probate in Illinois usually takes six months to a year, sometimes longer if the will is contested or the estate is complicated. The six-month window is partly because Illinois law gives creditors that long to file claims against the estate. Small estates under $100,000 with no real estate can often be settled in a few weeks using a small estate affidavit instead.
What Illinois Families Say About Duffley Law
“They made the entire estate planning process easy… really fast and well done.” – James
First-time will clients often expect weeks of back and forth. James captures what most people are hoping to hear: it moves quickly and it gets done right.
“They took the time to explain everything clearly and answered all of our questions with patience.” – Cecelia G.
No rushed meetings, no jargon dumps. If you have never written a will before, this is the kind of guidance that makes the decision feel manageable.
“Very professional and knowledgeable after losing my father.” – Amy B.
Many people start planning after losing someone close. Amy’s experience speaks to the care families need during a hard stretch.
“They even sent a notary to our house to take care of the paperwork.” – James
Illinois wills need proper witnessing and notarization to hold up. Bringing the notary 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 this off one more month means Illinois decides who gets what if something happens. State law splits your assets between your spouse and kids in fixed shares, picks a guardian without your input, and sends your family through probate court to sort it out. A simple will written today changes all of that.
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.