Legal Question in Wills and Trusts in Illinois

Re: securing a will and possibly contesting it

Under Illinois law, any document that appears to be a will must be filed with the Probate Court of the county of residence of the decedent within 30 days of the death. After filing, anyone can obtain a certified copy from the clerk. If multiple documents appear to be a will, it is not for the discoverer to decide which one, if any, is valid. That is a for the testator (during life, by revocation) and the court to decide.

In Illinois, a small estate affidavit can be drafted in lieu of probating an estate of less than $50,000. An Illinois lawyer must draft such a document.

If the total amount of your aunt's estate exceeds $50,000, then an estate can be opened, which is different from just filing the will. "Opening an Estate" is idiomatic for filing a petition for letters of office as executor or administrator, and for admission of the will, and/or independent administration (usually). If you are an heir at law, (every blood relation between you and the deceased has died, i.e. your ancestors who were her parents, or sibling) you should receive notice, or be asked to waive notice, of the filing. AT THIS POINT, YOU MUST CONTEST THE VALLIDITY OF ANY WILL YOU FEEL IS WRONGLY PRESENTED, whether it was made under duress, undue influence, etc.

Filing this petition takes a finite amount of time, depending on the facts needed, including names addresses, and relationship to decedent, of all "interested parties.". Once filed, publication must be made to creditors, and the estate cannot be settled or closed for a minimum of six months after such notice.

Our comments are based on treating your question 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.

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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.