Quick overview

If someone died owning property or whose last residence (domicile) was in Illinois, the original will normally must be submitted to the probate court in the county where the decedent was domiciled. If you live out of state, you can usually submit the original will by mail or courier, use e-filing systems where available for accompanying paperwork, or hire local counsel to file and appear for you. Keep the original safe while transmitting it and get proof of delivery and a date-stamped return or certified copy from the court.

Detailed answer — step-by-step

1. Confirm the correct Illinois court

Probate proceedings generally start in the circuit court (probate division) of the county where the decedent was domiciled at death. Contact that county’s circuit court clerk (probate office) to confirm local filing rules, hours, fees, and whether they accept mailed original wills. For background on Illinois probate law, see the Illinois Probate Act (755 ILCS 5): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2106&ChapterID=60.

2. Gather required documents

Typical items the court will want when you submit a will:

• The original signed will (the physical document).
• An official death certificate (certified copy).
• A completed petition for probate (often called Petition for Probate of Will and for Letters Testamentary). Local clerks or court websites usually have the form or template.
• A list of interested persons (heirs, beneficiaries, named executor) and their addresses.
• Filing fee (check county website for amount and acceptable payment methods).
• Any affidavits of subscribing witnesses, if available.

Some counties publish probate filing checklists and forms on their court website. If you are unsure what the county expects, call the probate clerk before sending anything.

3. How to physically submit the original will from out of state

Common, practical options:

1. Mail or courier with tracking and return receipt: Send the original will and accompanying documents via an insured, trackable courier (e.g., UPS, FedEx) or certified mail with return receipt. Include a cover letter that requests the court file the will and return the original to you (provide a pre-paid, self-addressed return envelope). Keep copies and proof of mailing.
2. Ask the clerk about drop-off or in-person filing by a local agent: Some clerks accept mailing only; others allow a local attorney or agent to deliver the original and file the petition in person.
3. Hire an Illinois probate attorney: An Illinois lawyer can file the petition, present the original will to the court, obtain a date-stamped copy or certified copy for you, and handle hearings. This is the safest option for complex estates or when witnesses are not available.
4. Use e-filing for documents other than the original will: Many Illinois circuits participate in electronic filing for probate paperwork. E-filing does not replace the need to present the physical original will, but it can speed filing of accompanying forms and fees. See the Illinois Courts e-filing resources: https://www.illinoiscourts.gov/Resources/efiling/.

4. Ask the court to return or certify the original will

When you mail the will, request in writing that the court:

• File the will and stamp it as received, and
• Return the original by pre-paid, insured mail or courier, or
• Provide a certified copy of the will and a date-stamped filed copy.

Practices vary: some courts keep the original in the probate file; others return it after probate is opened. A local attorney can explain the typical practice in that county and ensure you get the documentation you need.

5. If witnesses are not available

Illinois probate law requires proof of due execution of the will. If the subscribing witnesses are available, they normally sign affidavits or testify. If a witness is unavailable or deceased, the court will allow other proof of execution (for example, testimony, affidavits, or other evidence). The exact method depends on the facts and local practice. If witnesses cannot be located, consider hiring an Illinois attorney to advise on admissibility and to present proof to the court.

6. After filing — what to expect

After the petition and original will are filed, the court typically:

• Reviews the papers and sets any required hearing.
• Issues Letters Testamentary (to the appointed personal representative) if probate is granted.
• Requires notice to interested parties and may require publication in some cases.
• May require a bond unless waived by the will or by court order.

Timing and exact procedures vary by county. Use the court’s calendar and the probate clerk to learn specific deadlines and next steps.

7. Consider ancillary probate if the decedent was domiciled out of state

If the decedent’s domicile was outside Illinois but they owned real property or certain assets in Illinois, the will may need to be submitted in Illinois as an ancillary probate. The rules for ancillary probate differ from a primary Illinois probate. Speak with a local attorney if you believe ancillary probate applies.

8. Protect the chain of custody for the original will

Because courts prefer the original document, protect it while sending it across state lines:

• Keep a high-quality photocopy and a scanned copy for your records.
• Use insured, tracked shipping.
• Document every transfer—retain receipts and tracking numbers.
• Ask the court to return the original or provide certified copies promptly.

When to hire an Illinois probate attorney

Consider hiring a local attorney if any of the following are true:

• The estate is complex or valuable.
• Heirs or beneficiaries may dispute the will.
• Witnesses to the will are unavailable or the will’s validity may be questioned.
• You prefer the convenience of a local representative to physically file and appear at hearings.

Helpful Hints

• Call the county probate clerk before you mail anything. Local procedures and fees vary by county.
• Send the original will by a trackable, insured method (certified mail or a reputable courier). Keep tracking and insurance receipts.
• Include a cover letter listing documents enclosed and a clear request that the court file the will and return the original or provide certified copies.
• Include a pre-paid, insured return envelope for the original if you want it sent back.
• Keep clear, dated copies and a scanned back-up of the original will and all paperwork before you send anything.
• If you’re unsure where to start, a short consult with an Illinois probate attorney can save time and risk.
• If the decedent owned Illinois real estate but lived elsewhere, ask about ancillary probate rules.
• Be prepared to provide identification and proof of your relationship to the decedent if requested by the court.