Legal Question in Elder Law in Illinois

Re: probate a will

If you are in possession of her will, you are responsible for filing it with the Clerk of the Judicial Circuit in which she resided. You may do this by mail. If you are the named executor, you should petition the court to have the will admitted and yourself named as administrator. If the named executor or successor executor is someone other than yourself, then you should request that person to begin proceedings. Illinois permits you to transfer property less than $100,000.00 by Small Estate Affidavit. However, because the contents of the safety deposit box are unknown, I don't know whether the estate will need to be probated. You may be able to gain access to the box for determining the contents with a death certificate and an affidavit of heirship. Call the bank to see what it will require. You will not be able to remove the contents of the box until such time as you or another person is appointed by the court. At least you will learn if there is anything of value.