Legal Question in Wills and Trusts in Illinois

Re: When to probate a will

Under Illinois law, any original will must be filed by the person in possession of the document within 30 days of the date of death, or risk committing a criminal misdemeanor. The will is filed with the probate court in the county of residence ofthe decedent. However, the simple filing of a will does not commence a formal probate proceding. A formal probate proceeding is necessary only if the decedent's assets exceed $50,000 or are real estate to be transferred within 3 years of death. Otherwise, a small estate affidavit will suffice.

"probate" technically means that the court determines whether there is a valid will. Once that issue is resolved, the probate estate can be distributed with certainty.

Our comments are based on the question you asked, and your question is being treated by us as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.