After someone dies, the original will has to reach the court, and Illinois law puts that duty on whoever holds it. The Probate Act also makes it an offense to hide a will for 30 days after learning of the death. Joliet families who hold a will should know what the statute requires.
Who Must File a Will After a Death?
Section 6-1 of the Illinois Probate Act says that any person who holds a testator’s will must file it with the clerk of the proper county court. The duty falls on the holder of the will, which can be a family member, a friend, a lawyer, or the nominated executor. Where a person keeps the original document, this affects who carries the duty. The statute does not depend on who benefits under the will.
When Does the Will Have to Be Filed?
The statute says the will must be filed immediately upon the death of the testator. It doesn’t give a grace period for filing. Filing is not optional. A holder who learns of the death should deliver the original document to the court clerk without waiting for the family to meet. Waiting for a funeral or a family discussion doesn’t change the statute’s wording.
What Can the Court Do if a Holder Refuses?
If a person fails or refuses to file the will, the court may issue an attachment to compel production. The court can act on its own motion or on a petition from an interested person. That process lets the court obtain the document, and it means a holder can’t keep a will out of the case by simply declining to hand it over. A holder who is unsure of the duty can ask a Joliet wills lawyer what the court expects.
What Counts as Concealing a Will?
The statute makes it an offense to willfully alter or destroy a will without the testator’s direction. It also makes it an offense to willfully hide a will for 30 days after learning of the testator’s death. A conviction is punished as theft, classified as a Class 3 felony under the law in effect at the time of the offense.
What Should an Executor Gather?
An executor who is named in the will has several items to organize. Keeping these items together speeds up the filings that follow. Helpful items include:
- The original will, kept in a safe place
- Certified copies of the death certificate
- A list of the person’s accounts and property
- Names and relationships of the family and beneficiaries
Who may object to a will is a separate question. Not everyone can bring a challenge, and standing is the central issue in contesting a will.
How Does Probate Fit With Other Planning?
Filing the will is one early step. Executors can work with a Joliet probate lawyer on the court filings that follow and the deadlines attached to them. Families also hold trusts alongside wills. Deciding which assets a trust can hold outside the will is part of understanding the benefits of trusts. Anyone combining the two documents can ask a Joliet trust lawyer how they work together, and which assets belong in each. The answer depends on the size and type of the assets.
Why Name an Executor Ahead of Time?
People who haven’t made a will yet can turn to a Joliet estate planning lawyer for a plan that names an executor and sets out their wishes. Naming an executor ahead of time tells the family who should take these steps.
How Does Our Firm Help With Probate?
Our team at Kravets Law Group guides clients step by step through the Illinois probate process, simplifying court filings and deadlines during a difficult time. Our Founder and Managing Partner, Daniel Kravets, personally handles all probate matters. He has handled probate administrations in Cook County and surrounding counties, including contested estates where heirs disputed distributions.
What Should You Do With a Will You Hold?
Keep the original safe, avoid marking it, and deliver it to the court clerk as soon as you learn of the death. Anyone holding a will for a Joliet family member who isn’t sure how to proceed can get in touch with us, and a Joliet wills lawyer can explain the filing steps and what comes next.