Ill. Admin. Code tit. 53 § 400.70

Current through Register Vol. 48, No. 45, November 8, 2024

Section 400.70 - Release of Will by the Department

a) During a testator's lifetime, the Department shall release the sealed envelope containing the will to:

1) the testator, upon request.

A) The testator may appear in person at the Department's Springfield office to request the will. The testator shall furnish signed, photo identification to the Department and shall acknowledge, in writing, receipt of the sealed envelope containing the will.

B) The testator may request his or her will in a written, notarized request. The Department shall send the sealed envelope containing the will via United States mail, return receipt requested, to the address specified by the testator.

2) A person authorized by the testator to receive the will. The authorization of the testator must be in writing and must be notarized.

A) The person authorized by the testator may appear in person at the Department's Springfield office. He or she shall furnish signed, photo identification to the Department and shall acknowledge, in writing, receipt of the sealed envelope containing the will.

B) The person authorized by the testator may request the will in a written, notarized request and must include the written authorization of the testator. The Department shall send the concealed envelope containing the will via United States mail, return receipt requested, to the authorized person at the address specified by the authorized person.

3) Any person, entity, court or government agency authorized to receive the envelope pursuant to an order entered by a court of competent jurisdiction. [15 ILCS 305/5.15 ] The Department will accept only original, certified court orders.

b) Upon receipt of a certified copy of the testator's death certificate or certified copy of a court order declaring the testator to be deceased and a $10 retrieval fee, the Department shall deliver, via United States mail, return receipt requested, the sealed envelope containing the will to the clerk of the circuit court of the county in which the probate of the testator's will may occur (as determined under Section 5-1 of the Probate Act [755 ILCS 5/5-1] ). [15 ILCS 305/5.15] The notification of the testator's death to the Department shall also contain the court case number of the probate court handling the testator's will.

Ill. Admin. Code tit. 53, § 400.70