Legal Question in Wills and Trusts in Illinois

Does a will need to be filed and not probated, if the only asset is a house that had the heirs of the estate are on the property title from a quit claim deed that was filed two years earlier?


Asked on 12/30/13, 2:24 pm

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

In Illinois, a person in possession of a will must file it with the circuit clerk for the county of the decedent's residence within 30 days after the death. While prosecutions are limited to willful cases, failure to file is a criminal offense. Filing the will does not mean it is being probated. See, 755 ILCS 5/6-1.

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075500050HArt.+VI&ActID=2104&ChapterID=60&SeqStart=7200000&SeqEnd=9400000

Concerning the house, hopefully various matters were considered at the time the quit claim was prepared, including gift taxes, income tax consequences that may now impact you, the liabilities of any one of the heirs that may now impact the others, etc.

Hopefully, the shortcut estate plan did not cost everyone. Some get lucky, some do not.

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Answered on 12/30/13, 3:12 pm


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