Under Illinois law, the named executor, or person in possession of the Will, must file it with the local court in the county in which the deceased person resided at the time of death within 30 days of the date of death. Any person who willfully destroys or alters a decedent's will or hides it for more than 30 days after the decedent's death may be found guilty of a Class 3 felony.
Wills are often not filed within 30 days. They can be filed at any time; however, if you think anyone is hiding, withholding or has destroyed the will, you could contact an attorney to address the issue or call the local State's Attorney's office to see if they would address the issue.
It would be helpful to know who drafted the Will to verify that a Will was actually created and has not been revoked. A person can revoke a Will at any time. It may be hard to prove whether she had a Will and that she did not revoke her Will.
Answered on Aug 16th, 2013 at 3:48 PM