When someone you love passes away, you’re already dealing with grief and loss. The last thing you want is confusion about legal requirements. If you’ve found a will or been named as an executor, you might be wondering whether Illinois law requires you to record or file that document. The answer matters more than you might think.
What Illinois Law Says About Recording a Will in Illinois
Illinois law is clear on this point. You cannot record a will with any government office while the person who created it is still alive. Unlike deeds or other property documents that get recorded at the county recorder’s office, wills remain private documents during someone’s lifetime.
When a Will Must Be Filed With the Court
After someone dies, the rules change completely. Illinois law requires that anyone holding an original will must file it with the circuit court. It’s a legal obligation that applies whether you’re the executor, a family member, or even the attorney who drafted the document.
The filing requirement exists even if you don’t plan to open a probate case. Even if the estate seems too small to need court supervision. Even if all the beneficiaries agree on everything. They will still need to reach the court.
Timing Requirements After Learning of Death
You have 30 days. That’s the window Illinois gives you after learning about someone’s death to file their will with the probate court. This deadline applies to whoever has possession of the original document.
Some people assume they can wait until they’re ready to deal with estate matters. That’s not how it works. The clock starts ticking as soon as you know the person has died, not when it becomes convenient to handle their affairs.
Who Has the Duty to File a Will in Illinois
The executor named in the will carries the primary responsibility for filing. But here’s what catches people off guard: if the executor doesn’t file within the required timeframe, anyone who has the will must step up and file it themselves.
This means if you’re a beneficiary holding onto a will, waiting for the executor to act, you could find yourself legally responsible for filing it. The law doesn’t let you pass the buck indefinitely.
Differences Between Recording a Will and Probate
Filing a will and opening probate are two separate actions. When you file a will, you’re simply depositing the document with the court. You’re making it part of the public record and satisfying your legal duty.
How Estate Assets Affect Filing Requirements
Small estates in Illinois can sometimes avoid formal probate through simplified procedures. If the estate’s value falls below certain thresholds and meets other criteria, beneficiaries might use a small estate affidavit instead of full probate administration.
But even when you’re using simplified procedures, you still need to file the original will with the court. The size of the estate doesn’t eliminate the filing requirement.
Risks of Failing to File a Will on Time
Delays create problems that ripple through families. Beneficiaries can’t access their inheritances. Creditors can’t get paid. Property sits in limbo. Bills pile up on real estate that should be sold or transferred.
We’ve seen cases where delayed filing led to family disputes that could have been avoided. When people don’t know what the will says, they make assumptions. Those assumptions often turn out to be wrong, creating conflict that damages relationships permanently.
Common Misconceptions About Recorded Wills
Many people believe that filing a will makes everything public immediately. While court records are generally accessible to the public, there are privacy protections during the probate process. Others think that filing a will automatically triggers estate taxes or creates obligations that don’t actually exist.
Another myth is that you can keep a will private by not filing it. This strategy backfires. It violates Illinois law and can result in the will being treated as if it never existed.
Get Help From an Estate Planning Attorney
At James C Provenza & Associates, PC, we help families navigate Illinois probate law when they’re dealing with loss and uncertainty. We can ensure wills get filed properly and on time, protecting both executors and beneficiaries from legal complications down the road.
If you’re holding a will or have been named as an executor, don’t wait until problems develop. Schedule a consultation with James C. Provenza & Associates, PC by calling (847) 729-3939 for estate planning and management help.
