Legal Question in Wills and Trusts in Illinois

It all depends on whether you need the Will to probate the estate. If it is a small estate (under $100,000), you may be able to administer the estate with a Small Estate Affidavit.

If the estate is more substantial, or if the Will leaves assets to beneficiaries other than the heirs under the state's intestacy laws (the laws that govern if there is no will), then you will have to petition the probate court to certifiy the Will. This process would require calling in the witnesses to the Will to testify in court, and anyone opposing the entry of the Will would be able to testify against its entry, etc. It could be a costly endeavor.

It is best to speak to an attorney about this.