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How to Admit a Lost Will to Probate in Illinois

O'Flaherty Law
3 min readDec 3, 2019

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Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we will show you how to admit a lost will to probate in Illinois. Our Illinois probate lawyers will address the following:

  • What is the legal definition of a lost will?
  • How long does a decedent’s family have to locate a will in Illinois?
  • What does the court assume when a will is lost in Illinois?
  • Can you submit a copy of a will to probate in Illinois?
  • How to probate a lost will in Illinois
  • How to prevent a lost will scenario

What is the legal definition of a lost will?

When family members of a deceased person are unable to locate a will, either because it’s unknown if a will was completed or because its location is unknown, the will is considered lost. This is an issue for heirs, beneficiaries, and creditors because only the original copy of a will can be admitted to probate in Illinois.

How long does a decedent’s family have to locate a will in Illinois?

A will must be filed within 30 days of a person’s death in Illinois. Though the grieving process is…

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O'Flaherty Law
O'Flaherty Law

Written by O'Flaherty Law

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