PRESS RELEASE
FOR IMMEDIATE RELEASE

Chief Judge Evans proposes central state registry for filing wills

Released On 01/27/2023

Chief Judge Timothy C. Evans has proposed creating a central state registry for the filing of wills, to guard against the loss of original documents and expensive litigation for families. 

The chief judge discussed the proposed optional registry before the Illinois Supreme Court Commission on Elder Law on Wednesday, which was attended by about 150 attorneys and judges from around the state. The session was hosted by the Chicago Bar Association. Judge Evans originally proposed the concept to Illinois Supreme Court Chief Justice Anne Burke, who has since retired and was among those attending. 

Attendees also included Illinois Supreme Court Justice Joy Cunningham. Speaking on the panel with Judge Evans were Presiding Probate Judge Daniel Malone; McHenry County Chief Judge Michael Chmiel; Attorney Registration and Disciplinary Commission Administrator Jerome Larkin; Kerry Peck, chair of the Illinois Supreme Court Commission on Elder Law; Julie Gardner, chair of the Chicago Bar Association Probate Practice Committee; and Patrick Owens, chair of the Illinois State Bar Association’s Trusts and Estates Section Council. 

The proposal for a central registry would address a problem well-known to attorneys and judges in probate law – what happens when a will is lost? Currently, when someone dies, and the original will cannot be found, it is presumed to be revoked. Sometimes, the attorney who had been handling someone’s estate dies, or leaves legal practice, and no one knows where the will is. This can cause expensive litigation or other problems for a deceased person’s heirs, practitioners say. 

“What I’m talking about is establishing a right to do something that I believe will enhance justice…” Judge Evans said. “Justice in any society is enhanced when we have laws that undergird fairness.” Judge Evans noted that the U.S. Constitution, in its preamble, speaks to the issue in promising to “secure the blessings of liberty for ourselves and our posterity.” 

 “We know that wills disappear all the time,” said Judge Evans. A registry would give the testator – the person making the will – an opportunity to file the will while he or she is still living, to protect the right to distribute his or her property as desired. 

The will could be filed with a state registry or a circuit court. It could also be filed in some kind of privately-run registry, Judge Evans said, though he said that a government agency would be preferable. 

Judge Malone said he thought such a registry would be an “excellent idea.” He said about nine states already have this type of depository to allow a testator to deposit a will during his or her lifetime. 

Judge Malone said that having a registry process will be “very beneficial” for both testators and their heirs. “Our goal in probate is to honor the testator’s intent.” 

ARDC Administrator Larkin noted that sometimes lawyers store wills, and then the lawyers die, so wills get lost. 

“It’s a problem that could be solved,” said Larkin. He noted that his own brother’s will was lost and finally found in a suitcase in the corner of a closet after he died, though his brother was himself an attorney. 

The registry could be established through legislation or by court rules. The lawyers and judges who appeared at the event were supportive of Judge Evans’ proposal. 

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