Illinois E-Wills and Death in Non-Digital States

 Posted on November 07, 2025 in Estate Planning

Illinois Public Act 102-167 enacted the Electronic Wills and Remote Witnesses Act, making a practice that had been allowed in Illinois since the pandemic permanent. The Act, which became effective January 1, 2025, allows electronic execution, remote witnessing, and secure digital storage of wills. Currently, fewer than half of all U.S. states recognize e-wills, so what happens if you move to or pass away in a state that does not honor your Illinois e-will?

Will that state then treat your estate as though you died intestate (without a will)? This emerging cross-state conflict has exposed a legal "gray zone" that Illinois estate planning attorneys must now address. This conflict matters if an individual travels, say to Texas, one of the many states that do not recognize electronic wills, to visit a relative, and then dies in that state.

Snowbirds, retirees, and remote workers also frequently cross state lines, creating multi-jurisdictional estate exposure. If you are a resident of Illinois with an electronic or e-will who fits into one of the categories above, this is an issue that you must discuss with your Oswego, IL estate planning lawyer.   

What Happens When an Illinois Resident with an E-Will Dies in a Non-E-Will State?

Although the U.S. Constitution generally requires states to respect one another’s laws, wills are specifically governed by domicile and local probate statutes rather than interstate reciprocity. A digital will that is valid in Illinois may fail to transfer real estate in states that reject e-wills.  

The state may also refuse to admit an electronic will that violates its formal execution requirements. Therefore, if the person making the e-will in Illinois was living elsewhere at the time of his or her death, the new state’s probate law will take precedence. The following scenarios may further explain:

• An Illinois resident has a valid e-will, then retires in Iowa, which requires "ink-signed" wills. The Iowa court refuses to admit the electronic document, resulting in intestate distribution of the individual’s property and real estate.
• A dual-state client owns real estate in both Arizona and Illinois. Illinois accepts e-wills, but Arizona requires traditional execution.
• A digital Illinois will is stored on a cloud server, causing authentication issues when the executor in another state is unable to produce an "original, ink-signed" document.

How Does Illinois Law Approach Out-of-State Wills?

Under 755 ILCS 5/4-4, Illinois recognizes wills executed in other states if the will was valid where executed at the time of the execution. However, the reverse is not guaranteed; other states are not legally obligated to honor Illinois law, and the Illinois Electronic Wills Act contains no reciprocity clause requiring other states to accept electronic wills. Although Illinois modeled its statute on the Uniform Electronic Wills Act (UEWA), uniform recognition remains inconsistent until all states adopt it.

What Are the Risks of an Illinois E-Will for an Individual Who Dies Out of State?

There are many issues that can arise when an Illinois resident has an e-will. An Illinois resident who moves to a non-e-will state can find his or her entire estate plan invalidated. Executors outside of Illinois may lack the authority to retrieve or certify the digital record. Finally, heirs may challenge the validity of an e-will, forcing dual probate proceedings.

Are There Strategies to Prevent Cross-State E-Will Failures?

An estate planning attorney can explore the options that can prevent cross-state e-will failures, such as:

• Both an electronic will and a traditional ink-signed duplicate will for other jurisdictions can be prepared.
• A revocable living trust can bypass formal will execution rules, negating any cross-state asset problems.
• An individual can maintain Illinois domicile through an Illinois driver’s license, voter registration, and tax filings to ensure that Illinois probate laws apply.
• Before relocating, estate plans can be updated to ensure compliance when out-of-state property is purchased or an individual moves.
• Certified, notarized paper printouts of e-wills and witness logs can be securely stored.

Contact a Kendall County, IL Estate Planning Attorney

While the Electronic Wills and Remote Witnesses Act modernized Illinois estate law, it can also create hidden "traps." If you have executed an Illinois e-will but maintain property or residency in other states, you could benefit from a cross-border estate audit. An experienced Oswego, IL probate lawyer can review your documents for interstate validity and prepare backup traditional versions. Call 630-448-2406 to schedule your free consultation.