Illinois Compiled Statutes
755 ILCS 5/6-1 (2026)
Duty to file will - altering, destroying or secreting
✓ current as of May 2026
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(755 ILCS 5/6-1)
(from Ch. 110 1/2, par. 6-1)
Sec. 6-1.
Duty to file will - altering, destroying or secreting.)
(a) Immediately
upon the death of the testator any person who has the testator's will in his
possession
shall file it with the clerk of the court of the proper county and upon
failure or refusal
to do so, the court on its motion or on the petition of any interested person
may issue an
attachment and compel the production of the will, subject to the provisions of Section 5.15 of the Secretary of State Act.
(b) If any person wilfully alters or destroys a will without the direction
of the testator
or wilfully secretes it for the period of 30 days after the death of the
testator is known
to him, the person so offending, on conviction thereof, shall be sentenced as
in cases
of theft of property classified as a Class 3 felony by the law in effect at the
date of the offense. The 30-day period does not apply to the Secretary of State when acting pursuant to Section 5.15 of the Secretary of State Act.
(Source: P.A. 96-137, eff. 1-1-10.)
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2020–2025 · leading case: In re Est. of Reeder, 2020 IL App (3d) 180739-U (Ill. App. Ct. 2020).
In re Est. of Reeder, 2020 IL App (3d) 180739-U (Ill. App. Ct. 2020). “Among other things, it argues that Gasick failed to file Reeder’s will immediately upon his death (755 ILCS 5/6-1(a) (West 2014)), petition to probate the will within 30 days of Reeder’s death (755 ILCS 5/6-3 (West 11 2014)), and register the estate with the Attorney General’s…”
Patch Energy LLC; Candlewood Resources, LLC; & Prelly Minerals LLC v. Indio Minerals, LLC; Gunner Investments, LLC; Gunner Oil Series, LLC; Madaket Energy LLC (Tex. App. 2024). “”); see also 755 ILCS 5/6-1, 6-2. Thus, Patch’s argument that Viola’s will being on deposit in Illinois could not provide Patch with notice of the will under Sections 252.”
Erickson v. McDowell, 2025 IL App (4th) 250461-U (Ill. App. Ct. 2025). “He explained that, instead, his reason for declining to give the will back to defendant was that, under section 6-1(a) of the Probate Act of 1975 (755 ILCS 5/6-1(a) (West 2024)), plaintiff had a duty to file the will with the circuit clerk after coming into possession of it.”
— 755 ILCS 5/6-1(a) — 2 cases
In re Est. of Reeder, 2020 IL App (3d) 180739-U (Ill. App. Ct. 2020). “Among other things, it argues that Gasick failed to file Reeder’s will immediately upon his death (755 ILCS 5/6-1(a) (West 2014)), petition to probate the will within 30 days of Reeder’s death (755 ILCS 5/6-3 (West 11 2014)), and register the estate with the Attorney General’s…”
Erickson v. McDowell, 2025 IL App (4th) 250461-U (Ill. App. Ct. 2025). “He explained that, instead, his reason for declining to give the will back to defendant was that, under section 6-1(a) of the Probate Act of 1975 (755 ILCS 5/6-1(a) (West 2024)), plaintiff had a duty to file the will with the circuit clerk after coming into possession of it.”
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