Legal Question in Wills and Trusts in Illinois
The original will is lost and I have a copy. The person passed away in the last 6 months. Isn't a consent form sent in by 16 of the 21 heirs enough for a lawyer to go to the judge to assign the executor and get a will number? Or do you suggest a hearing in addtion to the form?
2 Answers from Attorneys
I suggest that you hire a lawyer in your jurisdiction to handle the matter. It doesn't matter how many of the "heirs" have signed off on the "Will", there will still have to be a hearing in front of the Judge and testimony taken to authenticate the copy. Since you can't find the original, there will always be a question of whether the old Will was revoked, i.e., torn up, by the decedent before their death.
In order to probate a will, or to administer an intestate estate without a will, court action is needed. What the court requires is for the court to determine. The named executor, or some other party, needs to initiate a probate case and follow the instructions of the judge assigned to the case. Best done with the help of an Illinois attorney.