Legal Question in Wills and Trusts in Illinois

In Illinois, the person in possession of the will must file it within 30 days. Failure to do so can result is a criminal offense and can result in prosecution and being sentenced as in cases of theft of property classified as a Class 3 felony.

That said, many people do not know the filing is required and prosecution is most likely if someone hides or destroys a will or fails to file it once they learn they should do so. So, regardless whether 30 days has passed, go ahead and file the will with the circuit court clerk for the county where your mother lived. You are not required to probate the will, just file it.

Yes.