Disclaimer: This article provides general information and is not legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
Before you file a probate petition in Illinois, you must locate and verify the original will or codicil. Probate starts when someone files a petition in the circuit court of the county where the decedent lived.
1. Locating the Original Will
- Contact the decedent’s attorney. Many lawyers hold originals in their office safe.
- Check safe deposit boxes. Banks can seal boxes after death and allow court or attorney access.
- Search personal papers. Family often stores wills in home safes, file cabinets, or desk drawers.
- Review electronic records. While a digital draft can guide you, the printed original is required for probate.
- Ask the circuit clerk. Some testators pre-deposit wills under Illinois’s uniform deposit system.
2. Depositing the Will with the Clerk
Illinois law requires anyone holding the original will to deposit it with the circuit court clerk within 30 days of learning of the death. See 755 ILCS 5/6-4. Failure to deposit may lead to penalties under 755 ILCS 5/6-6.
Link: 755 ILCS 5/6-4
3. Verifying the Will’s Validity
Illinois recognizes two methods to prove a will:
- Self-Proved Will: Executed before a notary and two witnesses. An affidavit of validity lets the court accept the document without live testimony. 755 ILCS 5/4-3(b)
- Attested Will: Signed by the testator and two competent witnesses. If not self-proved, witnesses must appear or submit affidavits to confirm the execution.
If the original will is lost or destroyed, you can petition the court to admit a copy under 755 ILCS 5/6-21. You must provide clear and convincing evidence of the will’s contents and show that the loss was not your own intentional act. 755 ILCS 5/6-21
Helpful Hints
- Start the search immediately to preserve evidence.
- Keep a detailed log of contacts, searches, and findings.
- Store originals in a fireproof, locked container.
- Consider hiring a probate investigator if you reach a dead end.
- Deposit any found will with the clerk, even if you delay opening probate.