Do All Wills Have to be Filed with the Court in Illinois?

Upon the death of the Will maker (the Testator), all Wills become public record in Illinois. Illinois law requires that upon the death of a Testator his/her Will must be filed with the local Clerk of Court within 30 days of the date of the Testator’s death. Knowingly concealing or destroying an original Will after the death of a Testator is a Class 3 felony in Illinois.

With this in mind, it is advisable that the Testator communicate with his/her Executor regarding where he/she intends to store the original Will to avoid it being lost. Then, at the time of the Testator’s death, the Executor will know where to look to get the estate administration started after the death. Once the Executor is able to locate the original Will, he/she can then properly file it with the Clerk of Court of the proper county.