Detailed Answer: Verifying a Valid Will or Other Estate Planning Documents in Illinois
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
When a loved one passes away, you may need to determine whether they left behind a valid will, trust, power of attorney, or health care directive. In Illinois, several steps and resources can help you confirm the existence and validity of these documents.
1. Search the Decedent’s Personal Records
Begin by examining the decedent’s home office, safe deposit box, filing cabinets, or digital files for original documents or copies. Look for:
- Signed and dated wills
- Trust agreements
- Powers of attorney
- Living wills or advance health care directives
2. Contact the Decedent’s Attorney or Estate Planner
Often, a law firm holds the original estate planning documents. Review past billing statements, business cards, or emails to identify their attorney. Ask whether they have a retention policy for wills and trusts.
3. Check with Financial Institutions and Safe Deposit Boxes
Financial institutions may have copies of wills or powers of attorney on file. If the decedent rented a safe deposit box, Illinois law (765 ILCS 1050/10) allows co-renters or court-appointed representatives to access it. The box may contain originals.
4. Search County Circuit Court Records
Under the Illinois Probate Act, 755 ILCS 5/3-2, an original will must be filed with the clerk of the circuit court when probate begins. To search:
- Identify the county where the decedent resided.
- Visit or contact the county circuit court clerk’s office.
- Request a search of probate filings for the decedent’s name.
- Review the probate index or online database (some counties offer e-filing searches).
Link: 755 ILCS 5: Illinois Probate Act of 1975
5. Locate Health Care and Financial Powers of Attorney
Illinois statutes governing powers of attorney are in 755 ILCS 45 (Power of Attorney Act) and 755 ILCS 40 (Uniform Health Care Decisions Act). These documents rarely get filed centrally. To locate them:
- Search the decedent’s files and email for executed forms.
- Ask health care providers if they hold advance directives.
- Check with close family members or caregivers.
6. Consult a Title Company or Online Registry
Some title companies or online services offer will registries. While not mandated by Illinois law, if the decedent used such services, they may have stored copies of estate documents.
7. Consider a Probate or Ancillary Administration
If you cannot locate a will but suspect one exists, you can file a petition for probate or appointment of an administrator under 755 ILCS 5/3-1. The court will require notice to interested parties and may order a search for missing wills.
Helpful Hints
- Keep detailed notes of all searches and communications.
- Obtain certified copies of any found will before filing.
- If the will is damaged, complete an application for relief under 755 ILCS 5/6-21.
- Always verify the will is the decedent’s final version by checking dates and revisions.
- Notify all potential heirs and creditors once you begin probate.