Legal Question in Wills and Trusts in Illinois
termination of will
In the state of Illinois does a will have to be legally terminated?
Asked on 1/16/07, 12:04 am
1 Answer from Attorneys
Zedrick Braden III
Ainsworth & Associates PC
Re: termination of will
Hello and Happy New Year. When a person makes a will and later dies, a Probate Court is obligated to probate the will once an estate is opened. In other words, by law, the will should be filed with the County Clerk and then an estate should be opened to allow creditors to file claims and then to distribute assets
of the estate according to the provisions of the will. If a person decides that they do not want a will,
they should shred it immediately. Otherwise, it will take effect. I will be happy to discuss this further and in more detail.
Answered on 1/17/07, 2:27 am