If you’ve been procrastinating about writing your will because you don’t know what makes it “official,” you’re not alone. One of the most frequent questions we get is: Does a will need to be notarized in Illinois? It would make sense that something so serious should require a notary’s stamp to be legitimate, right? But here’s the reality — in Illinois, your will is completely valid without a notary. All that is legally necessary is your signature and two witnesses who are not gaining anything from the will. Simple? Yes. But as with most legal matters, there’s a little more to it.
Notarization is optional for Illinois wills, although obtaining it provides important advantages to beneficiaries. A notarized self-proving affidavit attached to your will eliminates court delays that could extend from weeks to even months. Why? The court process for probate requires locating witnesses to validate wills because they become part of the probate process. A notarized self-proving affidavit skips the requirement to find witnesses during probate proceedings. During a period that already brings emotional stress to your family, this minimal investment in notarization could lead to substantial benefits in the future.
At 23 Legal, we believe estate planning doesn’t have to be overwhelming or stodgy. It’s actually about taking care of the people you care about and ensuring your voice is heard even when you’re not here. Here in this article, we will guide you through precisely what makes a valid will in Illinois, why you may still want to have it notarized anyway, some pitfalls to watch out for, and—if you do choose to include a notary—where to have your will notarized. Let’s remove the guesswork from the process and guide you forward with clarity and confidence.
What Makes a Will Valid in Illinois?
Before worrying about notaries, focus on these non-negotiable steps under Illinois law:
1. Capacity and Age
A valid will requires that you are at least 18 years old and mentally capable at the time of signature.
2. In Writing
A will needs to exist on paper through typing or neat handwriting to remain clear and easy to read.
3. Testator’s Signature
The testator must complete their signature at the final part of the document. Without physical ability to sign your name, you can authorize another person to sign for you, yet this person must be different from your witnesses.
4. Two Witnesses
Two trustworthy individuals who do not benefit from your estate must observe your signature while you both sign in front of each other.
The legally binding requirements for Illinois wills consist of these four essential elements. No notary required.
Does a will have to be notarized or just witnessed?
In Illinois, a will needs to be witnessed, not notarized, to be valid. State legislation makes no reference to a notary public’s involvement in Articles 4 or 6 of the Probate Act of 1975. The state of Louisiana stands alone in requiring notary signatures, yet Illinois establishes its will’s validity through witness signatures along with the testator’s signature.
Key takeaway: Follow the four steps above, and your will is valid in Illinois — notarization is entirely optional.
Why You Might Still “Notarize” Your Will: The Self-Proving Affidavit
Imagine this: After your passing, your family submits your will to the probate court. After your witnesses testify about your signature, the judge will validate the will. If you relocated to Alaska, how would your will be validated? Or forgot the details? Or worse—passed away? The process of verifying your will turns into a complicated administrative challenge at this moment.
The self-proving affidavit serves as an added notarized document that you can attach to your will. Here’s how it works:
A self-proving affidavit serves as a brief document that two witnesses and you sign in front of a notary public. This document links to your will to certify that the signature process was executed correctly in advance.
Benefits for Your Loved Ones
- Faster Probate: Probate courts can admit a self-proving will without calling witnesses to testify, shaving weeks or months off the process.
- Reduced Stress: No scrambling to locate or transport witnesses, especially if they’ve moved away or passed on.
- Stronger Legal Standing: A notarized affidavit makes it harder to challenge your will’s validity.
A simple addition of notarization to your will requires only a few minutes, but it creates major advantages when probate begins.
Common Pitfalls to Avoid
Even a correctly signed and witnessed will can run into problems if you overlook these areas:
1. Improper Witnessing
- Missing a witness or having a beneficiary serve invalidates the will’s execution.
- Witnesses must watch you sign and sign themselves in your presence.
2. Vague Language
- Using nicknames or unclear descriptions (“to my best friend Sam” without a full name) can spark disputes.
3. Failing to Update
- Major life events — marriage, divorce, births, deaths, moves — all warrant a will review.
4. Poor Storage
- A will stored in an abandoned drawer holds no legal validity. The safe storage options include a fireproof safe, file cabinet, or attorney’s office with clear instructions to a trustworthy person about its location.
Avoiding these mistakes ensures your wishes are carried out smoothly.
Where to get a will notarized in Illinois
The following locations provide self-proving affidavit services in Illinois for anyone who wants notarial assistance during signature processes:
1. Public Libraries
Many libraries offer free or low-cost notary services for patrons and the public:
- Lincoln Library (Springfield), Glenview Public Library, Batavia Public Library ($0–$5 per stamp).
- Call ahead to confirm hours and fees.
2. Banks & Credit Unions
Most banks provide a notary for account holders at no charge; non-customers may pay a small fee.
3. Shipping & Print Stores
- FedEx Office offers in-store and remote online notarization starting at $25.
- UPS Store locations often have notaries by appointment (fees vary).
4. Municipal & Clerk’s Offices
Local Village Halls (e.g., Gurnee Village Hall) sometimes provide a notary as a public service, call ahead to verify availability.
5. Your Lawyer’s Office
At 23 Legal, we notarize wills for clients as part of our estate planning services—no extra stops required.
How 23 Legal Can Help with Estate Planning
At 23 Legal, we make estate planning both personal and painless:
- One-on-one support: Attorney Ben Weaver guides you through every signature, witness attestation, and notarization step.
- On-site notary: Skip the errands — our office has a public notary, and all forms are ready.
- Custom estate plans: Wills, trusts, powers of attorney, and health care directives tailored to your life and family.
We handle the details so you can focus on what matters most: protecting your loved ones and legacy.
Next Steps for Notarizing Your Will
- Draft your will following Illinois law: writing, signature, and two witnesses.
- Decide if you want a self-proving affidavit: it can save your family time and stress.
- Pick a convenient notary: library, bank, FedEx, online, or our office.
- Store your will safely and tell someone you trust where it is.
Ready to start planning your estate? Call 23 Legal at (847) 447-6004 or visit our Schaumburg, IL office. We’ll craft a will that’s legally solid but stress-free—because your family deserves peace of mind, not probate drama.
Accomplish your real estate goals with 23 Legal: (847) 447-6004
Why Choose 23 Legal
23 Legal offers Real Estate and Estate Planning legal services to individuals, families, community associations and small business owners throughout Chicagoland. We know how intimidating “the law” can be. In fact, when most people think of law offices, they think of stuffy leather chairs, huge wooden desks and pompous lawyers who charge outrageous fees. That’s not us! We believe in 1-to-1; the same lawyer should work with you all the way through. Whether you have an estate planning issue, family trust concern, or you have a legal problem in regard to a new home, business, real estate or remodel, you need a lawyer who cares. That’s where Ben comes in! We are great listeners; more than that, we are lawyers who believe that our clients always come first.
