ILLINOIS LAWS

In asking the following questions, I am assuming that Lincolnwood is in Cook County.

In Cook County, if one has a will(husband and wife) and the husband dies, is it an ABSOLUTE that the will be filed with Probate or some such state branch. This is an un-contested will.

If so, what is the statute of limitation?

I was given to believe (by a clerk working in probate)that ALL wills must be filed and a matter of public record.

After the death, is there a way of avoiding doing so? (one of the beneficiaries is a lawyer)

Thank you for your prompt reply

NEED TO KNOW

I am Cook County, Illinois attorney (Palatine). Yes, all wills are required by statute to be filed with the clerk of the probate court in the county where decedent resided w/i 30 DAYS after death. See 755 ILCS 5/6-1. Technically, it is a crime if you do not -- but, do not worry, you will not be prosecuted if you file it more than 30 days after death.

Do not confuse "filing" a will with "probating" a will. Just because you file the will does not necessarily mean you need to probate it. You only need to probate the will if the decedent has over $50,000 in assets in his sole name - and yes you would need to even if the will is "uncontested."

For more info on Illinois probate and estate planning law, see my website at http://www.illinoisestateplan.com

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Jeffrey R. Gottlieb, Attorney at Law
http://www.illinoisestateplan.com
This response is not legal advice and does not create an attorney-client relationship.