Although the importance of completing an estate plan has become more widespread, many clients are unaware the when a loved one passes away, the will must be filed with circuit court of the county in which the decedent last lived. According to Illinois law (755 ILCS 5/6-1):
Duty to file will - altering, destroying or secreting.)(a) Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will, subject to the provisions of Section 5.15 of the Secretary of State Act.(b) If any person wilfully alters or destroys a will without the direction of the testator or wilfully secretes it for the period of 30 days after the death of the testator is known to him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony by the law in effect at the date of the offense. The 30-day period does not apply to the Secretary of State when acting pursuant to Section 5.15 of the Secretary of State Act.
There are various reasons for this requirement, including:
reduces the likelihood that that someone may conceal the Will for personal gain;
reduces the possibility of loss or waste of property that is subject to the will;
reduces the risk that the being altered, which would defeat the decedent’s intent;
Lastly, Illinois law provides that if the named executor fails to file the will he or she may lose priority to serve as executor. This again would defeat the decedent’s intent and could create or cause more intrafamily disharmony.
If you have any questions or have a Will to file, please contact my office for assistance.