Legal Question in Wills and Trusts in Illinois

Re: Wills as public record

In Illinois not until you die. Then the will is suppose to be filed with the probate court. IF there is not a probate estate often the will is not filed though it is supposed to be filed. If there is a probate estate the will must be filed with the clerk of the circuit court.

Re: Wills as public record

they are private until death.

after death the person in possession of the will is required to file it with the clerk of the probate court. This doesn't start probate proceedings, just puts it on file.

If an estate is opened, the will is filed as part of the record.

In either case, call the clerk of the probate court for the county in which the deceased resided *and* neighboring large counties (for example, if a lawyer is in Chicago they may open the estate there even if the person lived in DuPage.) You can request a copy (for a fee).