Legal Question in Wills and Trusts in Illinois

Usually, a Small Estate Affidavit would likely be sufficient in the circumstances you describe, but with the need for your father's wife to disclaim you may be best protected by going through probate. The evaluation of this should be covered in a consultation with a well-recommended attorney practicing in the county of residence.

Concerning the will, do you know with certainty that it was not signed or did your father keep an unsigned copy? Many attorneys do not make copies of signed wills, but provide unsigned copies. The original may be with the attorney, in a safe deposit box or another location. Be sure you have checked thoroughly.

You should work with your father's wife to liquidate your father's estate. Without a will, half of everything your father owned which did not have a co-owner or beneficiary goes half to the surviving spouse and half to your father's children (including adopted children). Work together and get a result that will keep you on good terms. A small estate affidavit may be appropriate if the value of the intestate property is less than $100,000 in total and there is no real estate in the estate.