Legal Question in Wills and Trusts in Illinois

Re: Estates

Anyone in possession of a will of a decedent has to file the will within 30 days of death.

Re: Estates

There is a difference between *filing* the will and *probating* the will. All wills should be filed within 30 days after death. But, probate should only be intiated if, and when, it is necessary or advisable. In theory, there is no time limit. You can probate an asset 10 years after death if necessary to transfer it. But it is generally not advatntageous to wait. It is usually best to commence probate as soon as possible to begin running the statute of limitations on creditor's claims. If you think you might ned help with probating a will, feel free to give me a call at (847) 991-2250.