How Can I Make Sure I Get My Inheritance in a Will After My Parent Dies?
Full Question:
Answer:
Formal readings of the will or trust are generally not required. An heir is not entitled to see a copy of the will while its maker is still alive. A trust or will document is not a public document unless it is filed.
A will is typically filed with the probate court in the county where the deceased resided at the time of death as part of the probate process. A trust instrument is often a private document. Some states allow a will to be filed prior to death, so you may try calling the courthouse (ask for the Probate Division) to see if the trust was filed at the courthouse. Interested parties may petition the court to have the will filed for probate after the person passes and the will remains unprobated.
Please see the following IL statute:
(755 ILCS 5/6‑3) (from Ch. 110 1/2, par. 6‑3)
Sec. 6‑3. Duty of executor to present will for probate.) (a) Within 30 days after a person acquires knowledge that he is named as executor of the will of a deceased person, he shall either institute a proceeding to have the will admitted to probate in the court of the proper county or declare his refusal to act as executor. If he fails to do so, except for good cause shown, the court on its motion or on the petition of any interested person may deny him the right to act as executor and letters of office may be issued by the court as if the person so named were disqualified to act as executor.
(b) When 30 days have elapsed since the death of the testator and no petition has been filed to admit his will to probate, the court may proceed to probate the will without the filing of a petition therefor, unless it appears to the court that probate thereof is unnecessary and failure to probate it will not prejudice the rights of any interested person. Such notice of the hearing on the admission of the will to probate shall be given to the persons in interest as the court directs.
(Source: P.A. 79‑328.)