Our attorneys will help you review and understand the will, and guide you through this difficult phase of your life. We can guide you through the process of filing a will and opening a probate estate if necessary. Executors of Estates often need to present certified copies to banks and other financial institutions.Īt Hays Firm our staff has many years of experience working with the clerk’s office from many counties. Once the will is filed, you may obtain certified copies of the will from the clerk’s office. Again, the filing must be an original will – the original signed document – not a paper or electronic version of the will. Failure to file a will in your possession is a felony under Illinois law. In Illinois, a will must be filed within thirty (30) days of a person’s death. To determine where to file the will, look to see where the person resided before death. The place of death may be different from where a person lived. If a resident of Chicago dies while on vacation in a different state or different county, the will should still be filed in Cook County. For example, in Illinois, if a person dies while a resident of Chicago, the will should be filed in Cook County. The will should be filed in the County where the deceased person lived prior to death. Once the original will is located, it must be filed with the clerk of the court. Others store their wills in a safety deposit box at a bank. Many people store their wills in a fireproof safe. You can request that the fee be waived by filing a Fee Waiver Request (MC20) with your petition. Generally, an original will may be found with the deceased person’s important papers and records. To ask the Court for a guardianship, you must complete and file a Petition for Appointment of Guardian of Incapacitated Individual and other forms. However, every so often, an original will is difficult to locate. In an ideal world, people tell their friends and family the location of their wills. If the deceased person had a will, the original must be found and filed with the clerk of the court. One of the first matters that needs to be completed after a person passes away is the filing of a will. The attorneys at Hays Firm can guide you and your family through the process of gathering assets, paying bills, and distributing property. Acting as an executor of a Will or an administrator of an Estate is simply not a job with which most people have experience. At Hays Firm, many of our clients are working through an emotional grieving process and handling an Estate or Trust for the first time. Amidst their grief, survivors must navigate unknown territory. When a loved one dies, the family and friends who are left behind are often confused about their next steps. Do I Need to File a Will in Illinois? REQUIREMENTS FOR Filing a Will in Illinois
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