Legal Question in Wills and Trusts in Illinois

Yes you need to file the will

You must, at minimum, file the original Will with the Clerk of Court in the appropriate county. These statutes instruct you on what you must do.

755 ILCS 5/6-1. (a) Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county... (b) If any person wilfully alters or destroys a will without the direction of the testator or wilfully secretes it for the period of 30 days after the death of the testator is known to him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony by the law in effect at the date of the offense...

755 ILCS 5/5-1. ...the county (is) determined as follows: (a) In the county where (the decedent) has a known place of residence; (b) If he has no known place of residence in this State, in the county in which the greater part of his real estate is located at the time of his death; or (c) If he has no known place of residence and no real estate in this State, in the county where the greater part of his personal estate is located at the time of his death.

You may or may not be required to actually file a Petition to formally probate the Estate before the Court. This depends on a variety of factors. Feel free to call me to discuss. I won't charge for the phone call.