Ill. Admin. Code tit. 53, § 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.
Notes
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