Section 400.10  Definitions

 

Unless otherwise noted, the following definitions shall apply to this Part:

 

"Department" − the Index Department of the Secretary of State.

 

"Depositor" − an attorney licensed or formerly licensed to practice in the State of Illinois who is in possession of a client's will, that attorney's representative, the guardian for that attorney or the personal representative of that attorney's decedent's estate.

 

"Diligent Search" − a good faith effort to locate the testator using resources such as telephone directories, Internet name searches, last known addresses or telephone numbers, known relatives, the Social Security Death Master File, legal research databases, and other public and private search capabilities.

 

"Secretary of State" − the Secretary of State of the State of Illinois.

 

"Testator" − a person who executed a will, other than as a witness or official to whom acknowledgement of signing was given.

 

"Will" − an original:

 

will;

 

codicil;

 

will and one or more codicils;

 

trust; or

 

trust and one or more trust amendments. [15 ILCS 305/5.15]

 

Section 400.20  Deposit of Wills

 

a)         Prior to depositing any will with the Department, the depositor shall cause to be conducted a diligent search for the testator, whether it is known or unknown if the testator is living.  A will may be deposited with the Department only if the depositor is unable to locate the testator after a diligent search. [15 ILCS 305/5.15]

 

b)         The depositor shall complete a certification of search, as set forth in Section 400.30.

 

c)         The Department may reject any will deposit if a diligent search has not been conducted.

 

d)         Wills may only be deposited in person at the Department at 111 East Monroe St., Springfield , Illinois 62756.  Deposits of five or more wills will be accepted only by appointment. 

 

e)         Upon completion of the receipt, as set forth in Section 400.40, the Department will affix one copy of the receipt to the envelope containing the will and will seal the envelope securely in the depositor's presence [15 ILCS 305/5.15].

 

Section 400.30  Certification of Search for Testator

 

a)         For each will deposited with the Department, the depositor must certify, in writing, that the depositor is unable to locate the testator after a diligent search. [15 ILCS 305/5.15]

 

b)         The Department may refuse to accept any will if the depositor does not complete the certification or if the certification does not contain sufficient information detailing the search conducted. 

 

c)         The certification shall be in the form set forth in Appendix A and may be obtained at the Department's Chicago and Springfield offices or at www.cyberdriveillinois.com.

 

Section 400.40  Receipt

 

The Department will issue a receipt to the depositor for each will deposited.  The receipt shall contain:

 

a)         the date of deposit;

 

b)         the name, address and telephone number of the depositor;

 

c)         the name and last known address of the testator, as provided by the depositor;

 

d)         a short description of each document deposited, including, if shown, the date of execution and the number of pages in the document;

 

e)         alternate names by which the testator may have been known, the testator's date of birth, and the last four digits of the testator's social security number, only if provided by the depositor. [15 ILCS 305/5.15]

 

Section 400.50  Fees

 

a)         The depositor shall pay a fee of $15 for each deposit of a will.  No separate fees shall be due for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife. [15 ILCS 305/5.15]

 

b)         For documents not filed concurrently, the depositor shall pay a separate fee of $15 per deposit.

 

Section 400.60  Index of Wills

 

The Department shall create an index of all wills deposited.  The index shall be categorized alphabetically by the name of the testator and by any alternate names by which the testator may have been known, as provided by the depositor.

 

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.

 

Section 400.80  Inquiries to the Department

 

a)         Upon inquiry of any of the following persons, the Department shall inform the person whether the name of the relevant testator appears in the index of the wills:

 

1)         a person authorized, in writing, signed by the testator and notarized, to receive the envelope;

 

2)         a person, entity, court or government agency authorized to receive the envelope pursuant to an order entered by a court of competent jurisdiction.  The Department will accept only original, certified court orders;

 

3)         any person presenting a certified copy of the testator's death certificate or a certified copy of an order of a court determining the testator to be deceased.

 

b)         A confirmation by the Department that a name appears in its index of wills shall not guarantee that the testator and the subject of the inquiry are one and the same.  Any such confirmation shall only indicate the possibility that the testator is the individual about whom the inquiry was made.

 

Section 400.90  Destruction of Wills

 

In the absence of notice of a testator's death, the Department may destroy any will remaining on deposit for at least 100 years.