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Daniel P.
Daniel P., Attorney
Category: Estate Law
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Experience:  I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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How long does a lawyer have to file a will into probate after

Resolved Question:

How long does a lawyer have to file a will into probate after the person has deceased?

How long before the person's named in the will are notified and can see a copy of the will?
Submitted: 3 years ago.
Category: Estate Law
Expert:  Daniel P. replied 3 years ago.

Thank you for entrusting me with your legal issue. I will work diligently and quickly to answer your questions. I look forward to assisting you.

 

The will is required to be filed within 30 days after death. At that time the will is public records and can be viewed by any interested party. Usually at the same time, you are notified that the will has been filed and a probate initiated.

 

755 ILCS 5/6-1 Duty to File

(a) Immediately upon the death of the testator, any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its motion or on the petition of any interested person may issue an attachment and compel the production of the will.

(b) If any person wilfully alters or destroys a will without the direction of the testator or wilfully secretes it for the period of 30 days after the death of the testator is known to him, the person so offending, on conviction thereof, shall be sentenced as in cases of theft of property classified as a Class 3 felony by the law in effect at the date of the offense.

Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2740
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
Daniel P. and 2 other Estate Law Specialists are ready to help you

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Daniel P.
Daniel P.
Estate Lawyer
2740 Satisfied Customers
I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law