An Illinois Affidavit-Copy Of Will is a document used to prove the authenticity of a testator’s (deceased person’s) last will and testament. It is a sworn statement signed by two witnesses to the will, attesting that the will is an accurate copy of the original. The witnesses must state that they saw the testator sign the will in their presence and that the testator was of sound mind and memory when they did so. The Illinois Affidavit-Copy Of Will must be filed with the probate court in the county where the testator resided. There are two types of Illinois Affidavit-Copy Of Will: the Self-Proving Affidavit, which is signed by the testator and two witnesses in the presence of a notary public; and the Attested Copy Affidavit, which is signed by two witnesses only.
Illinois affidavit-Copy Of Will
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FAQ
Go to the courthouse with the file number and ask a court clerk to see the file. Getting a copy of a will is possible by paying a copying fee.
Most estate planning lawyers are responsible for keeping their customers' original wills and other papers. Lawyers do this for two reasons: For starters, they are often better able to keep the originals secure and accessible when required.
Many people store their wills in a fireproof safe. Others store their wills in a safety deposit box at a bank. Once the original will is located, it must be filed with the clerk of the court. The will should be filed in the County where the deceased person lived prior to death.
Pursuant to statute, the Illinois Secretary of State's office maintains a ?deposit of wills,? in which any Illinois attorney can file a will into archival storage for a fee of $15.
You can find the small estate affidavit form from the Illinois Secretary of State online or in person at your local circuit county clerk's office. Once it's filled out, make at least one extra copy of the affidavit.
What Happens If You Cannot Find an Original Will? If the original will cannot be located, then interested parties can petition the Illinois probate court to admit a copy of the lost will to probate.
Many clients with whom you consult may be surprised to learn that Illinois law requires that the will of a decedent must be filed with the clerk of the circuit court shortly after the decedent's death (755 ILCS 5/6-1).
Once the will is filed, you may obtain certified copies of the will from the clerk's office. Executors of Estates often need to present certified copies to banks and other financial institutions.