Legal Question in Wills and Trusts in Illinois

Creating a Legal Will

Can I create a legal will at home? Is an attorney needed. If my signature is witnessed and notarized, is this a binding/legal document. I have no assets accept personal items and Death Insurance. If I can create a will at home using a ''format'', would it have to be filed? Thank you for your review.


Asked on 2/13/07, 7:40 am

1 Answer from Attorneys

Re: Creating a Legal Will

Many people create their own wills using will kits that they either purchase or find on-line. While these wills can be valid, there is always the danger that something will be omitted or overlooked that will cause a problem after the death of the individual.

Although you don't need an attorney to create a will, there are laws governing the preparation, signing and witnessing of a will that must be followed. If these laws are not followed, the will may be invalid.

A will does not have to be filed in Illinois prior to death (as is the law in some states).

There are legal assistance clinics that might be able to provide you with some assistance. You might want to check with some local law schools, or your county bar association to see what is available in your area.

Good luck to you.

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Answered on 2/13/07, 5:26 pm


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