Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney for personalized guidance.
Detailed Answer
In Illinois probate administration, you must present the decedent’s original will—or a filed copy—to the Circuit Clerk in the county where probate is opened. Under 755 ILCS 5/6-12, any person holding the decedent’s will must deliver it within 30 days of receiving notice of death. Follow these steps:
- Locate the Original Will: Check the decedent’s safe deposit box, home files, or attorney’s office. Family members or the named executor often know its location.
- Obtain a Filed Copy (if Original Is Missing): If the original was previously probated in another county, request a certified copy from that county’s Circuit Clerk. Use the seal to prove authenticity.
- Prepare the Probate Petition: Complete the Petition for Probate (Form P-1.0) and list the will as an attachment. The petition identifies the nominated executor and heirs.
- File with the Circuit Clerk: Submit the petition along with the original will (or certified copy) and a certificate of mailing/notifying interested parties. File in the county where the decedent resided at death. The clerk stamps the will and files it under the decedent’s case number.
- Serve Notice to Heirs and Creditors: Within 30 days after filing, you must serve notice of probate on all heirs and publish notice to creditors per 755 ILCS 5/6-4 and 5/6-5.
- Attend the Probate Hearing: The court confirms the will’s validity at the initial hearing. The original—marked “admitted to probate”—remains with the clerk’s office as a public record.
Relevant Statutes:
- Will Presentment: 755 ILCS 5/6-12
- Notice to Heirs: 755 ILCS 5/6-4
- Notice to Creditors: 755 ILCS 5/6-5
Helpful Hints
- Double-check deadlines: Illinois enforces strict timeframes for will presentment and notice.
- Use certified mail: It provides proof you served documents to interested parties.
- Keep copies: Retain filed-stamped copies for your records.
- Consult local rules: Some counties have specific filing procedures or forms.
- Consider professional help: A probate attorney can avoid common missteps and delays.