If there is a will, it is required to be filed. It must be filed even if there is no Probate proceeding to be opened up. Failure to file a will w/i 30 days of death of decedent (your father herein) can be considered secreting the will and in IL is punishable as a Class 3 felony akin to theft of property.
Do you know for a fact your uncle has not filed the will? Note as I alluded above, filing a will is not the same as probating the will. He may indeed have filed the will, but then chose not to open a probate estate. Depending on what was in the estate, your uncle may not have been required to open Probate. All filed wills are public documents, so go to the Clerk of the Circuit Court and inquire if your father's will is on file and proceed from there. Hope this helps.
Answered on Jan 07th, 2012 at 6:19 PM