Knowledge base
State signing rules
Illinois signing requirements
How your will and revocable living trust must be executed in Illinois.
Will and revocable living trust
- Minimum age to make a will
- 18 years
- Witnesses required for a will
- 2
- Witnesses should be disinterested
- Yes — use non-beneficiaries
- Notary required for the will
- No, but recommended for the affidavit
- Self-proving affidavit
- Available — included in your will
- Witnesses for the trust instrument
- 0
- Notarization of the trust
- Strongly recommended
- Community property state
- No
- Handwritten (holographic) wills
- Not recognized
- Electronic signature for a will
- Recognized
- Trust must be in writing
- Yes
- Electronic signature for the trust
- Recognized
- Will statute
- 755 ILCS 5/4-3, -6, -4, 6/1-1 et seq.
- Trust statute
- 760 ILCS 3/101 et seq.
Healthcare power of attorney and advance directive
- Age required to sign
- 18 years
- Witnesses required
- 2
- Notarization
- Not required, but commonly used in place of or alongside witnesses
- Who may not witness
- Statutory exclusions apply — avoid your agent, relatives, heirs and treating providers
- Mental-health treatment decisions
- Covered by the healthcare directive
- Advance directive statute
- 755 ILCS 35/
- Healthcare POA statute
- 755 ILCS 45/Art. IV
- Rules last verified
- 2026
Living will and advance directive details
- Statutory form published
- Yes — your document tracks it
- Pregnancy restriction
- Yes — your directive addresses pregnancy expressly
- Physicians who must certify the condition
- Attending physician alone
- Notary instead of witnesses
- Not permitted — use witnesses
- Living will and healthcare POA combined
- Permitted
- Agent may work for your facility
- Not unless related to you
- Authority may begin immediately
- Yes, if you choose
- Mental-health treatment declaration
- Optional — available if you want it
HIPAA authorization
- Categories needing express authorization
- mental health and psychiatric records, substance use disorder treatment records (42 C.F.R. Part 2), HIV/AIDS testing and treatment records, genetic testing results
Final disposition instructions
- Written disposition directive
- Recognized by statute
- Witnesses required
- 2
- Notarization
- Required
- Disposition agent
- Must be designated separately from your healthcare agent
- Disposition statute
- 755 ILCS 65/
Illinois uses a statutory short-form Power of Attorney for Health Care requiring one witness who is not your agent, your relative, your physician or a facility employee, and a separate Living Will Declaration requiring two witnesses. Illinois also has a Declaration for Mental Health Treatment and a separate Disposition of Remains Act appointment.
Two competent adult witnesses should sign in the presence of the testator and of each other, followed by a notary acknowledgment for the self-proving affidavit.
Signing day in Illinois, step by step
Bring: final documents printed single-sided and unstapled; blue or black ink pens; government photo identification for you and every witness. You will also need the number of adult, disinterested witnesses your state requires and a commissioned notary public (bank, shipping store, title company or mobile notary).
Before signing day
- 1Confirm you may sign. You must be at least 18 to make a will and 18 to sign healthcare documents in Illinois, and you must be of sound mind and signing voluntarily.
- 2Arrange witnesses. Arrange 2 witnesses for your will. Illinois expects disinterested witnesses, so use adults who receive nothing under your plan.
- 3Book a notary. Notarization of the trust is strongly recommended in Illinois, and the notary also completes the self-proving affidavit for your will. Bring photo ID for everyone.
- 4Print the final set. Print every document single-sided on paper. Illinois recognizes electronic will signatures, but a paper original is still the safest choice.
Will and revocable living trust
- 1Sign the revocable living trust. Sign the trust as grantor and as trustee in front of the notary. Governing statute: 760 ILCS 3/101 et seq..
- 2Declare and sign the will. State aloud that the document is your will and that you are asking the witnesses to witness it, then sign at the end in their presence.
- 3Witnesses sign. Your 2 witnesses sign in your presence and in each other's presence and print their names and addresses. Governing statute: 755 ILCS 5/4-3, -6, -4, 6/1-1 et seq..
- 4Complete the self-proving affidavit. Immediately afterward, you and the witnesses swear to the affidavit before the notary, who signs and seals it. This lets the court accept the will without calling your witnesses.
Healthcare, HIPAA and disposition documents
- 1Sign the healthcare power of attorney and living will. Sign in front of 2 witnesses. Your agent, relatives by blood or marriage, heirs and employees of your treating provider may not serve as witnesses. Statute: 755 ILCS 45/Art. IV.
- 2Sign the HIPAA authorization. Sign and date the HIPAA authorization; no witnesses are required under federal law. Illinois requires express authorization for mental health and psychiatric records, substance use disorder treatment records (42 C.F.R. Part 2), HIV/AIDS testing and treatment records, genetic testing results records, which your form includes.
- 3Sign the final disposition instructions. Sign in front of 2 witnesses and have it notarized. Your disposition agent must be named separately from your healthcare agent. Statute: 755 ILCS 65/.
- 4Sign the durable financial power of attorney. Have the financial power of attorney notarized even if the statute is silent; banks and county recorders will insist on it.
After signing
- 1Store originals and distribute copies. Keep the signed originals somewhere safe and accessible, tell your successor trustee where they are, and give copies to your healthcare agent, physician and hospital.
- 2Fund the trust. Retitle real estate, accounts and business interests into the trust and update beneficiary designations.
ETrustPlan is a self-help document assembly service, not a law firm, and this information is not legal advice. Signing requirements change; confirm them with a licensed attorney in your state before you sign.
Illinois signing questions
Quick answers drawn from the Illinois rules above.
Guidance used for Illinois
Rules last reviewed August 26, 2026
- Pour-over will execution:755 ILCS 5/4-3, -6, -4, 6/1-1 et seq.(reviewed August 24, 2026; statutes read 2026)
- Revocable trust:760 ILCS 3/101 et seq.(reviewed August 24, 2026; statutes read 2026)
- Living will / advance directive:755 ILCS 35/(reviewed August 26, 2026; statutes read 2026)
- Healthcare power of attorney:755 ILCS 45/Art. IV(reviewed August 26, 2026; statutes read 2026)
- Final disposition instructions:755 ILCS 65/(reviewed August 26, 2026; statutes read 2026)
- Two competent adult witnesses should sign in the presence of the testator and of each other, followed by a notary acknowledgment for the self-proving affidavit.
- Illinois uses a statutory short-form Power of Attorney for Health Care requiring one witness who is not your agent, your relative, your physician or a facility employee, and a separate Living Will Declaration requiring two witnesses. Illinois also has a Declaration for Mental Health Treatment and a separate Disposition of Remains Act appointment.