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Oregon resident asks if land in another state can be devised in simple will.

Oregon resident asks if land in another state can be devised in simple will.

Q: Can I write my own will and have it notarized in Illinois?

Yes, you can write your own will in Illinois and have it notarized. While it is not required to be notarized, doing so can provide additional proof of its validity during probate.

Q: Is it legal to write your own will in Illinois?

Yes, it is legal to write your own will in Illinois. However, it is important to follow the state's legal requirements, such as having the will signed by two witnesses, to ensure it is valid.

Q: What is the simplest form of a will?

The simplest form of a will is often a handwritten will, known as a holographic will, or a basic typed will that includes your name, a statement revoking previous wills, a list of your assets, and clear instructions for distribution. It must be signed by you and, in Illinois, witnessed by two individuals.

Q: What is required for a will to be valid in Illinois?

For a will to be valid in Illinois, it must be in writing, signed by the testator (the person making the will), and witnessed by at least two individuals. The witnesses must be present at the same time and must not be beneficiaries of the will.

Q: How do I make a will in Illinois without a lawyer?

To make a will in Illinois without a lawyer, you can write your own will, ensuring it meets state requirements: it must be in writing, signed by you, and witnessed by two people. You can also use online templates or resources to guide you through the process.

Full question:

I need to make a will and I own 1/3 of a 1/2 of a farm in IL. Can this be included in a simple will or is it more complicated needing an attorney.

Category: Wills and Estates
Date: 04/07/2025
State: Oregon

Answer:

The simple will you make in Oregon, in which you give your interest in a farm in Illinois to the person(s) you designate, will dispose of the real or personal property you own in Oregon, in Illinois, or in any other state in the nation. The full-faith-and-credit clause of the United States Constitution requires each state to recognize and enforce as legally valid those acts done in another state that are valid under the laws of that other state.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does Illinois require a will to be notarized?

No, Illinois does not require a will to be notarized. A will can be valid without a notary if it is signed by two witnesses. However, having a notarized will can simplify the probate process, as it may help prove its authenticity.