To get a copy of a will in Illinois after someone has died, contact the circuit court clerk in the county where the person lived. Once a will has been filed there, it is a public record and anyone can request a copy. If it hasn’t been filed yet, access is limited to the named executor, heirs at law, and named beneficiaries, and your route to a copy runs through the filing process or the probate court.
Requesting a Copy From the Circuit Court Clerk
This is the path most people need. Once a will has been filed and admitted to probate, the clerk’s file is open to the public, and you don’t have to be related to the deceased or named in the document to get a copy.
- Identify the correct county. The will is filed in the circuit court of the county where the deceased lived at the time of death. If you’re not sure, start with the county where they owned a home or last paid property taxes.
- Search online first. Many Illinois circuit court clerks run online case search portals where you can look up probate records by name. A search can confirm a probate case exists and give you the case number. Under current Illinois Supreme Court policy, most courts don’t let you view the actual documents remotely; the paper file lives at the courthouse.1Cook County Government. Court Records and Archives
- Contact the clerk’s office. Call, visit, or send a written request. You’ll need the deceased person’s full legal name and, ideally, their date of death or the probate case number.
- Pay the copying fee. Clerks charge per page for standard copies and more for certified copies. Amounts vary by county, so ask before you go.
Regular Copies vs. Certified Copies
For reading the will, confirming who the executor is, or understanding how assets are being distributed, a regular photocopy is fine. A certified copy is one the clerk stamps and signs to verify it matches the original on file. You’ll want a certified copy if you’re transferring real estate, dealing with a financial institution that demands proof of authority, or filing documents in another court. When in doubt, ask for at least one certified copy up front. The price difference is usually modest, and it saves you a return trip.
When the Will Hasn’t Been Filed Yet
Before a will reaches the courthouse, access is restricted. While the person who wrote it is alive, they alone decide who sees it. A will has no legal force until the author dies, and not even a named beneficiary can demand a look during the author’s lifetime.
After death but before filing, the people with a recognized legal interest are the named executor, the heirs at law (those who would inherit under Illinois intestacy rules, such as a surviving spouse and children), and anyone specifically named in the will as a beneficiary. If you’re not in one of those groups, your practical path is to wait for the will to be filed. If you are, and the person holding the will isn’t cooperating, Illinois law is on your side.
Under the Probate Act, anyone in possession of a deceased person’s will must file it with the circuit court clerk in the county where the deceased lived, and the statute says this must happen “immediately” after the death. There is no waiting period. Anyone who deliberately conceals a will for 30 days after learning of the death can be charged with a Class 3 felony, and the same penalty applies to anyone who deliberately alters or destroys a will without the testator’s direction.2FindLaw. Illinois Code 755 Estates 5/6-1 – Duty to File Will
The named executor has a separate deadline. Within 30 days of learning they were named, they must either begin the process of admitting the will to probate or formally decline the role. If they do neither, the court can remove them and appoint someone else.3Illinois General Assembly. Illinois Code 755 ILCS 5/6-3 – Duty of Executor to Present Will for Probate A reluctant executor who drags their feet can lose the position.
If Someone Refuses to Turn Over the Will
When informal requests fail, Illinois gives you a direct remedy. Any interested person, meaning an heir, a named beneficiary, a creditor, or anyone else with a financial stake, can file a petition in the probate court of the county where the deceased lived asking a judge to compel production of the will.2FindLaw. Illinois Code 755 Estates 5/6-1 – Duty to File Will The court can also act on its own motion.
If the judge grants the petition, the court issues an attachment: a court order compelling the person to hand over the will. Ignoring that order is contempt of court, which carries its own penalties on top of the felony exposure for concealment. Most probate attorneys can draft and file this petition quickly, and the filing itself often prompts compliance before a hearing takes place.
If the Will Is in a Safe Deposit Box
A common obstacle is a will locked in a safe deposit box no one else can open. Illinois handles this through the Safety Deposit Box Opening Act (755 ILCS 15/). When a bank receives satisfactory proof that the sole box renter, or the last surviving co-renter, has died, the bank must open the box so the will, burial instructions, and insurance policies can be retrieved.
In practice, bring a certified death certificate to the bank and identify yourself as a family member or other interested party. The bank typically opens the box under supervision, inventories the contents, and releases the will and any burial-related documents. Other property in the box usually stays put until a court-appointed representative has authority to claim it. If the bank refuses, you can involve the probate court through the same petition process used to compel production of a withheld will.
Notice You Should Receive as an Heir or Beneficiary
If you think you should have heard something about a will and haven’t, the law spells out what the executor owes you. Within 14 days of a court order admitting the will to probate or appointing a personal representative, the executor must mail a copy of the probate petition and the court’s order to every heir and legatee whose name and address appear in the petition.4FindLaw. Illinois Code 755 Estates 5/6-10 – Notice Waiver That mailing must also explain your right to demand formal proof of the will and to contest its admission to probate.
If the executor doesn’t have your address, they must publish notice in a newspaper in the county where the will was filed, once a week for three consecutive weeks.4FindLaw. Illinois Code 755 Estates 5/6-10 – Notice Waiver If you suspect a relative has died and you may be named in their will, contact the circuit court clerk in their county yourself. Don’t assume anyone will track you down.
When You May Never Find a Will at the Courthouse
Not every estate ends up in probate, and not every will ends up in a clerk’s file. Two situations account for most of these gaps.
Illinois allows a simplified process called a small estate affidavit when the deceased person’s personal property, excluding vehicles registered with the Secretary of State, totals $150,000 or less.5Illinois General Assembly. Illinois Code 755 ILCS 5/25-1 – Small Estate Affidavit That threshold covers personal property like bank accounts, investments, and household items, not real estate. When a family uses the small estate route, the affidavit is presented directly to banks and other institutions holding the assets. No probate case is opened, no executor is formally appointed, and the will may never be filed. The legal duty to file a will still applies regardless of estate size, but in practice small estates sometimes slip past that requirement. If no case is on file and the estate looks small, ask the family directly.
The other possibility is a revocable living trust. Trusts don’t pass through probate and are never filed with a court, so they stay private. The trustee distributes assets according to the trust document without court supervision, and only the trust beneficiaries have a right to see the terms that affect them. When someone used a trust as the main estate planning vehicle, the will (often a “pour-over will”) may contain very little of substance, and the real distribution instructions sit in a document you won’t find at the courthouse. If nothing meaningful is on file and you expected to inherit, ask the family whether a trust was involved.