Legal Question in Wills and Trusts in Illinois

Since there is real property you must file the Will with the court and open a Probate Estate. Also medical bills must be paid out of the Estate before anyone gets anything.

Your question would be best handled in a conversation (telephone may be sufficient) so that more particulars can be considered. First, yes, the will must always be filed, regardless whether a probate case will be opened. The law requires that the person having possession of the will file it within 30 days with the circuit court clerk of the county in which the decedent resided. There are criminal penalties for failure to comply, but there should not be any cause for concern as long as you get it done, even if it is beyond the 30 days. Next, the question of probate depends, among other things, on whether the final medical bills can be paid, whether there are other assets to be collected (such as bank accounts, insurance refunds, vehicles, . . .) and whether the home can be handled outside of probate by an attorney working with a title company. The TOD accounts should pass outside probate and if there is cooperation then perhaps the bills can be paid from other funds that may be available, which would facilitate the transfer of the home with a title company providing assurance. This is simply too much to cover here.