Upon the death of the Will maker (the Testator), all Wills become public record in Illinois. Illinois law requires that upon the death of a Testator his/her Will must be filed with the local Clerk of Court within 30 days of the date of the Testator’s death. Knowingly concealing or destroying an original Will after the death of a Testator is a Class 3 felony in Illinois.
With this in mind, it is advisable that the Testator communicate with his/her Executor regarding where he/she intends to store the original Will to avoid it being lost. Then, at the time of the Testator’s death, the Executor will know where to look to get the estate administration started after the death. Once the Executor is able to locate the original Will, he/she can then properly file it with the Clerk of Court of the proper county.
If you have questions regarding a Probate estate in the greater Chicago area, give our office a call at (630) 898-4789 to set up a free initial consultation. You can also email us at firstname.lastname@example.org if you would prefer to communicate with the attorney via email.
The Law Office of Kevin Williams, 2295 Bannister Lane, Aurora, IL 60504, (630) 898-4789