Detailed Answer
Discovering an original will decades after it was signed in Illinois raises questions about authenticity, venue, timing, and notice. While Illinois courts recognize inherent authority to admit late-discovered wills, you must follow statutory procedures under the Illinois Probate Act (755 ILCS 5). Below is a step-by-step guide.
1. Secure and Safeguard the Original Document
Never file a copy. Locate the signed original will. Store it in a secure, moisture-free place to preserve the paper and ink.
2. Authenticate the Signature and Attestation
If the will is a self-proving affidavit (notarized at signing), it is presumed valid. Without that, you need supporting evidence:
- Affidavits from witnesses or credible third parties who recall the signing ceremony.
- Handwriting or paper analysis by a qualified expert.
These measures confirm due execution under 755 ILCS 5/6-4 (formalities for attested wills).
3. Determine the Proper Venue
File in the circuit court of the county where the decedent resided at death. See 755 ILCS 5/6-1 (venue requirements).
4. File a Petition to Admit the Will
Even if decades have passed, Illinois courts may excuse delays under 755 ILCS 5/6-2(b) (excusal of late filing) by showing good cause. Your petition should include:
- Certified copy of the death certificate.
- Original will and supporting affidavits or proof of self-proving status.
- Statement explaining why the will was not timely filed.
5. Provide Notice to Interested Parties
After filing, serve notice on heirs, beneficiaries, and a surviving spouse per 755 ILCS 5/6-6 (notice requirements). Courts require proof of service before hearing your petition.
6. Attend the Admission Hearing
The court will evaluate authenticity, due execution, and notice compliance. Witness testimony or expert reports may be necessary if the will lacks a self-proving affidavit. If the judge finds sufficient evidence, the will is admitted and Letters testamentary are issued.
7. Reopening a Closed Estate
If the estate was previously closed under intestacy or another will, you must petition to reopen. Cite the late-discovered will and request reenrollment of Letters. Provide cause for reopening and service to all current estate parties.
8. Potential Challenges
- Heirs may contest authenticity or allege undue influence.
- Missing or deceased witnesses make proof harder.
- Metal detectors or preservation experts may help recover erased signatures.
Helpful Hints
- Keep multiple certified copies of death certificates and affidavits.
- Use a local probate court’s self-help center or website for forms.
- Document your chain of custody for the original will.
- Engage a handwriting or document expert early in the process.
- Track service deadlines; improper notice can delay admission.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney before taking action.