States / Illinois
After a death in Illinois
Where to look for a will, who to ask and where to search for money in Illinois.
The will
Which court handles probate
The circuit court of the county where the person lived. If they had no known home in Illinois, it is the county with most of their real estate, or most of their other property.
"the probate or the administration shall be in the court of the county determined as follows:"
Read the source (an unofficial copy of the law).
What to do with the original will
Whoever has the will must file it with the clerk of the court in the proper county right after the death. Willfully hiding a will for 30 days after learning of the death can be a crime.
"any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county"
755 ILCS 5/6-1. Read the source (an unofficial copy of the law).
Wills deposited during life
An attorney can deposit a client's will with the Secretary of State for $15 when the client can't be found after a diligent search. This law gives no way for an ordinary person to deposit their own will.
"A depositor may deposit a will with the Secretary of State if the depositor certifies in writing"
15 ILCS 305/5.15. Read the source (an unofficial copy of the law).
Opening a safe deposit box
With proof of death, the bank opens the box in front of an interested person with an affidavit, such as a spouse, adult descendant, parent, brother, sister, deputy, or named executor. The bank sends any will to the circuit court clerk; burial papers may go to the interested person, and nothing else can be removed.
"the lessor shall open the box and examine the contents in the presence of a person who presents himself"
755 ILCS 15/1. Read the source (an unofficial copy of the law).
Searching for a will or case
You can ask the Illinois Secretary of State whether the person's name is in its index of deposited wills by presenting a certified death certificate. This index covers only wills deposited there, so it won't find most wills.
"the Secretary of State shall inform the person whether the name of the relevant testator appears in the Secretary of State's index of wills"
Read the source (an unofficial copy of the law).
Unclaimed money
Illinois State Treasurer
"Property is returned at no cost with the proper identification."
Instructions for heirs and estates
Source, checked 2026-10-15.
Small estates
We couldn't check this rule at an official source, so we won't guess. Ask the probate court clerk in the county where they lived.
Death certificates
Illinois Department of Public Health, Division of Vital Records
First copy $19.00, more copies in the same order $4.00 each. Personal or property-right interest is required. Nonrelatives need a requesting-office or agency letter or document.
Order from the state. Online vendors add fees.
State will and court rules checked 2026-11-06. See how we check facts or report a mistake. This is general information, not legal advice.