Can You Leave Anything in a Will in Illinois?

 Posted on July 17, 2026 in Business Law

In Illinois, you can leave almost any property you own to almost anyone you choose, as long as your will meets the state's legal requirements. This includes your house, car, savings, jewelry, and other personal belongings. But there are some real limits worth knowing before you sit down to write or update your will in 2026. A DuPage County will drafting and planning lawyer can walk you through those limits and ensure your wishes actually hold up.

What Types Of Property Can You Include in Your Illinois Will?

You can use your will to give away almost anything you own outright. This includes:

• Real estate, like your home or vacation property
• Bank accounts and investments not already assigned to a beneficiary
• Vehicles, jewelry, and other personal belongings
• Business interests you own
• Sentimental items you want to go to a specific person

Under the Illinois Probate Act of 1975, 755 ILCS 5/4-3, your will must be in writing, signed by you, and witnessed by two people to be considered valid. Without meeting these basic requirements, your wishes might not carry any legal weight at all, no matter how clearly you wrote them down.

What Can't You Leave in a Will?

Some property doesn't pass through your will, even if you mention it. Accounts with a named beneficiary, like life insurance policies, retirement accounts, and payable-on-death bank accounts, go directly to the person listed on the account. This happens regardless of what your will says.

The same is true for property you own jointly with someone else, like a house held in joint tenancy. That property usually passes automatically to the surviving owner. If you've placed assets into a trust, those items are controlled by the trust document, not your will. Because of this, it helps to review your beneficiary designations and account titles alongside your will so everything works together rather than creating conflicting instructions.

Can You Leave Your Spouse Out of Your Will in Illinois?

You have a lot of freedom in Illinois, but you can't fully disinherit your spouse without giving them another option. Under 755 ILCS 5/2-8, a surviving spouse has the right to renounce your will and instead claim a share of your estate set by law. If your spouse chooses this option, they may receive one-third of your estate if you have surviving children, or one-half if you don't. This rule exists to protect spouses from being cut out entirely, even if your will says otherwise.

Can You Disinherit a Child in Illinois?

Illinois law doesn't guarantee children a share of your estate the way it protects spouses. If you want to leave a child out of your will, it's best to say so clearly and directly, rather than simply leaving their name out. Courts sometimes assume an omission was accidental, so a direct statement in your will can prevent confusion or a challenge after you're gone.

Can You Leave Money or Property to a Pet?

You can't leave money directly to a pet, but Illinois law gives you a legal option for making sure your pet is cared for. You can set up a trust that provides funds for the care of your pet after you pass away, with a person you name in charge of managing that money. This can bring peace of mind if you're worried about who will look after a beloved animal once you're no longer able to.

What Happens if You Don't Have a Will in Illinois When You Die?

If you pass away without a will, Illinois law determines who receives your property through a process called intestate succession, as outlined in 755 ILCS 5/2-1. This law follows a set order, usually giving priority to your spouse and children, then to more distant relatives if you have no immediate family. This process doesn't consider your personal wishes at all, which is why so many people choose to put a will in place rather than leave those decisions to state law.

Schedule a Free Consultation With Our Glen Ellyn, IL Estate Planning Attorney

Deciding what to leave, and to whom, is one of the more personal decisions you'll make. It deserves careful attention rather than guesswork. Attorney Nicolas Nelson has worked with many families across DuPage County who want peace of mind that their wishes will actually be honored, whether that means providing for a spouse, leaving instructions for a pet, or making sure a child understands where they stand. Contact NN Legal Group at 630-474-0925 to talk to our DuPage County estate planning lawyer today.

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