March 2020 changed everything. A retired couple needed to update their estate planning documents urgently—he’d been diagnosed with a serious illness. But meeting in person felt risky during the pandemic.
“Can we do this remotely? Over video?”
Until recently, the answer would have been no. But Illinois electronic wills legislation changed that. Illinois now allows remote will signing in Illinois through audio-visual technology, making estate planning accessible even when in-person meetings aren’t possible.
This conversation still happens frequently, even though we’re past the pandemic emergency. People appreciate the flexibility and convenience that Illinois electronic wills provide.
Understanding Illinois Electronic Wills Law
Illinois electronic wills became legal when Illinois passed the Electronic Wills and Remote Witnesses Act, signed into law on July 26, 2021. This legislation brought Illinois estate planning into the digital age.
The Act allows two significant changes to how Evanston families can create their estate planning documents:
- Electronic wills (e-wills) – You can create and sign a will using electronic signatures rather than pen and paper.
- Remote witnessing – Witnesses can participate via audio-visual technology like video conferencing, even if they’re not in the same physical location as you.
These changes responded initially to pandemic restrictions but now provide permanent flexibility for the estate planning process. Most people still choose traditional paper wills, but Illinois electronic wills offer a valuable option when circumstances make in-person signing difficult.
How Remote Will Signing Illinois Works
Remote will signing in Illinois requires following specific procedures under the Electronic Wills and Remote Witnesses Act. The legal process isn’t as simple as just jumping on a video call.
Basic requirements for remote will signing:
- Audio-visual technology – The testator (person creating the will) and witnesses must use clear, reliable, and stable video communication that allows everyone to see each other signing in real time.
- Illinois execution – The will must state that it’s being executed in the State of Illinois.
- Competent witnesses – You need two or more credible witnesses who are at least 18 years old.
- Location requirements – Witnesses must be located within the United States at the time of signing.
- Paper copy requirement – Within 10 days of remote signing, you must complete a paper copy of the will with original or copied signature pages attached.
- Identification – Witnesses must be able to identify the testator, either through personal knowledge or government-issued identification.
The process looks something like this: You and your attorney connect via video conference with two witnesses who can also see and hear everyone. You sign your will electronically while everyone watches via video. The witnesses then sign electronically as well, confirming they witnessed your signature.
Illinois Electronic Wills vs. Traditional Paper Wills
Illinois electronic wills and traditional paper wills serve the same purpose—documenting your wishes for asset distribution after death. But they differ in execution and practical considerations.
Traditional paper will:
- Signed with a pen on paper
- Witnesses present in the same room
- Physical document stored and eventually filed with the probate court
- Decades of established legal precedent
- Most estate planning attorneys have extensive experience
Illinois electronic wills:
- Signed electronically using secure technology
- Witnesses can participate remotely via video
- Electronic record stored as a tamper-evident document
- Paper copy must be created within 10 days
- Relatively new with less established case law
- More complex technical requirements
Most experienced estate planning attorneys still recommend traditional paper wills for most situations. Illinois electronic wills work best for specific circumstances where remote will signing Illinois provides necessary flexibility.
When Illinois Electronic Wills Make Sense
Illinois electronic wills aren’t right for everyone, but they solve real problems in certain situations.
Good candidates for electronic or remote will signing:
- Health concerns – Someone with compromised immunity who needs to avoid in-person contact, or someone in a hospital or long-term care facility where bringing witnesses is complicated.
- Geographic challenges – The testator and witnesses are in different locations, making coordinating an in-person signing difficult.
- Urgent situations – Someone needs estate planning documents quickly, and scheduling in-person meetings would create problematic delays.
- Mobility limitations – Physical disabilities make traveling to an attorney’s office challenging.
- Pandemic or emergency conditions – Public health emergencies that restrict gatherings.
For standard estate planning where health, geography, and timing aren’t obstacles, traditional paper wills remain the simpler, more straightforward choice for most Evanston families.
Potential Complications With Illinois Electronic Wills
While Illinois electronic wills provide valuable flexibility, they come with considerations and potential complications.
- Technical requirements – The audio-visual technology must be clear, reliable, and stable. Poor video quality or connection issues could invalidate the will.
- Paper copy requirement – You must create and properly execute a paper copy within 10 days. Missing this deadline creates legal uncertainty.
- Probate complexity – Probate court procedures for Illinois electronic wills are newer and less tested than for traditional wills. Judges and court staff may be less familiar with the requirements.
- Storage and security – Electronic wills must be maintained as tamper-evident records. Determining custody and ensuring proper safeguarding requires careful planning.
- Witness verification – Remote witnesses must be able to testify in probate court or submit affidavits confirming their participation. Tracking down remote witnesses years later could prove challenging.
- Limited precedent – With relatively few Illinois electronic wills having gone through probate, less case law exists to guide interpretation when questions arise.
These complications don’t make Illinois electronic wills inappropriate, but they do require working with experienced attorneys who understand the technical requirements and potential pitfalls.
Complete Estate Planning Services Beyond Wills
Whether you choose Illinois electronic wills or traditional paper documents, a comprehensive estate plan includes more than just a last will and testament.
Essential estate planning documents include:
- Wills and trusts – A last will directs asset distribution after death, while revocable living trusts help avoid probate and provide more flexibility for managing assets.
- Powers of attorney – Financial power of attorney allows someone to manage your financial affairs if you become incapacitated, handling financial decisions when you can’t.
- Healthcare powers of attorney – Designates someone to make medical decisions on your behalf if you’re unable to decide for yourself.
- Medical directives – Also called living wills, these legal documents specify your wishes for end-of-life medical care.
- Trust documents – For those creating trusts to avoid probate, minimize estate tax, or protect assets for minor children or family members with special needs.
- Beneficiary designations – Coordinating life insurance, retirement accounts, and other estate planning documents to ensure everything works together.
Most people benefit from conducting periodic reviews of all their estate planning documents every 3-5 years or after major life events like marriage, divorce, birth of children, or significant changes in assets.
Why Work With an Estate Planning Attorney for Electronic Wills
Many attorneys offer estate planning services, but Illinois electronic wills require specific technical knowledge and experience.
What our law firm provides:
- Technical knowledge – Understanding the specific requirements of the Electronic Wills and Remote Witnesses Act and ensuring proper execution.
- Technology support – Setting up secure, reliable audio-visual connections that meet legal standards for remote will signing in Illinois.
- Document preparation – Creating estate planning documents that comply with both electronic and traditional requirements.
- Witness coordination – Arranging qualified witnesses who understand the legal process and their responsibilities.
- Paper copy compliance – Ensuring required paper copies are properly created and executed within the 10-day window.
- Storage guidance – Advising on how to properly store and safeguard electronic wills as tamper-evident records.
- Coordinated planning – Making sure your will, trust, power of attorney, medical directives, and other estate planning documents work together seamlessly.
- Client-focused service – Explaining your options clearly so you can decide what makes sense for your situation.
A client recently shared, “I needed to update my will, but was concerned about exposure risk. Being able to complete everything remotely with proper legal guidance gave me peace of mind that it was done right.”
The Estate Planning Process With Electronic Options
The estate planning process with Illinois electronic wills follows similar steps to traditional planning, with some technological additions.
- Step 1: Initial consultation Discuss your situation, goals, family, assets, and legal needs. This can happen in person or via video conference. During a free consultation, you can answer questions about whether Illinois electronic wills make sense for your circumstances.
- Step 2: Document preparation Your estate planning attorney prepares your will and other estate planning documents based on your wishes and Illinois law requirements.
- Step 3: Review and revisions You review the draft documents and request any changes. This step ensures everything accurately reflects your wishes.
- Step 4: Execution If using remote will signing in Illinois, your attorney coordinates the video conference with witnesses, ensures technology meets legal requirements, and guides everyone through the signing process.
- Step 5: Paper copy completion Within 10 days, you sign the required paper copy with signature pages properly attached.
- Step 6: Storage and safeguarding Your attorney guides you on proper storage of both electronic and paper versions to ensure they remain valid and accessible.
The process typically takes a few weeks from initial consultation to a complete estate plan, depending on the complexity of your situation and how quickly you can review and sign documents.
Estate Planning Costs and Fee Structures
Estate planning costs vary based on the services you need, the complexity of your situation, and whether you use electronic or traditional execution.
Common fee arrangements:
- Flat fee pricing – Many estate planning lawyers offer flat fee arrangements for complete estate plans, giving you cost certainty. Illinois electronic wills don’t typically cost significantly more than traditional wills.
- Hourly rate – Some situations involving complex business assets, intricate tax planning, or multiple trusts may be billed hourly.
During a free consultation, you can discuss your specific situation and receive clear information about costs. The investment in proper estate planning protects your loved ones and ensures your wishes are followed.
When to Create or Update Your Estate Plan
Certain moments create natural opportunities to create or update your estate plan, whether using Illinois electronic wills or traditional documents.
Major life events requiring estate planning attention:
- Marriage or remarriage
- Birth or adoption of children
- Divorce or separation
- Death of a spouse or beneficiary
- Significant changes in assets or financial affairs
- Starting or selling a business
- Moving to Illinois from another state
- Diagnosis of serious illness
- Aging parents requiring care
- Changes in relationships with named beneficiaries
Even without a specific trigger event, conducting periodic reviews every 3-5 years ensures your plan remains current with your wishes, family circumstances, and legal requirements.
Working With Your Financial Advisor
Estate planning works best when coordinated with your overall financial strategy. Your estate planning attorney should work alongside your financial advisor, financial planner, accountant, and other professionals to create comprehensive strategies.
This coordination ensures investment decisions, insurance coverage, beneficiary designations, and tax planning all support your estate plan goals and protect assets effectively for your loved ones.
Taking the Next Step
You’ve been meaning to complete your estate plan. Maybe health concerns, scheduling challenges, or just the time-consuming nature of coordinating meetings have kept it on your to-do list.
Illinois electronic wills and remote will signing in Illinois remove many traditional barriers. You can complete proper estate planning documents without the hassle of multiple in-person meetings.
Here’s what happens when you take action:
- Schedule a free consultation to discuss your situation and whether electronic or traditional documents make sense for your needs.
- We explain your options clearly, covering the estate planning process, technology requirements, and how everything works.
- You decide how to proceed with complete information about what’s involved and associated costs.
- We guide you through document creation efficiently, whether in person or remotely.
- Your estate plan is complete, and you have peace of mind knowing your family is protected and your wishes will be followed.
Most people describe feeling relieved after finally completing their estate plan. That’s exactly what we want for you.
Frequently Asked Questions
- Are Illinois electronic wills legally valid?
- Yes. Illinois electronic wills are legally valid under the Electronic Wills and Remote Witnesses Act, signed into law. They must meet specific requirements, including remote will signing in Illinois via clear audio-visual technology, two competent witnesses located in the US, execution in Illinois, and completion of a paper copy within 10 days.
- Can I create an Illinois electronic will without an attorney?
- Technically, yes, but it’s not recommended. Illinois electronic wills have complex technical requirements, including tamper-evident record creation, proper audio-visual documentation, and strict timing for paper copies. An experienced estate planning attorney ensures you meet all requirements and your will is legally valid.
- Do I still need a paper copy if I create an electronic will?
- Yes. Illinois law requires that, within 10 days of remote will signing in Illinois, you must complete a paper copy of the will with original or copied signature pages properly attached. This paper copy becomes an important part of the legal document.
- Can remote witnesses be family members?
- Remote witnesses must be at least 18 years old and competent. While they technically can be family members, it’s better to use disinterested witnesses (people who don’t benefit under the will). If a witness is also a beneficiary, they may not be able to inherit under the will unless there are additional disinterested witnesses.
- What technology do I need for remote will signing?
- You need clear, reliable, and stable audio-visual technology that allows the testator and witnesses to see and hear each other signing in real time. This typically means video conferencing software like Zoom, Microsoft Teams, or similar platforms with good internet connections and functioning cameras and microphones.
- How does the probate court handle Illinois electronic wills?
- Probate court procedures for Illinois electronic wills require the petitioner to attest that electronic records are tamper-evident and haven’t been altered except for electronic signatures. Remote witnesses may need to testify or submit affidavits confirming their participation. Probate court judges are becoming more familiar with these requirements as more Illinois electronic wills are filed.
Pestinger Law
1124 Florence Avenue
Evanston, Illinois 60202
(847) 884-8400
Serving clients throughout the greater Evanston area, including Wilmette, Skokie, Kenilworth, Lincolnwood, and Rogers Park, with comprehensive estate planning, wills, trusts, powers of attorney, Illinois electronic wills, and remote will signing services.
This blog post is for informational purposes and does not constitute legal advice. Consult with an estate planning attorney to discuss your specific situation.
