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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(755 ILCS 5/6-21) (from Ch. 110 1/2, par. 6-21)
Sec. 6-21.
Formal proof of will.) If a will has been admitted to probate
before notice in accordance with Section 6-4, any person entitled to notice
under Section 6-10 may file a petition within 42 days after the effective
date of the original order admitting the will to probate to require proof
of the will pursuant to this Section. The court must set the matter for
hearing upon such notice to interested persons as the court directs. At the hearing
the proponent must establish the will by testimony of the witnesses as provided
in subsection 6-4 (b) (1) or Section 6-5 or other evidence as provided in
this Act, but not as provided by subsection 6-4 (b) (2) or subsection 6-4
(b) (3), as if the will had not originally been admitted to probate. If
the proponent establishes the will by sufficient competent evidence, the
original order admitting it to probate and the original order appointing
the representative shall be confirmed and are effective as to all persons,
including creditors, as of the dates of their entries, unless there is proof
of fraud, forgery, compulsion or other improper conduct, which in the opinion
of the court
is sufficient to invalidate or destroy the will. The time for filing a
petition to contest a will under Section 8-1 is not extended by the filing
of the petition under this Section if the order admitting the will to probate
is confirmed, but if that order is vacated, the time for filing the petition
under Section 8-2 runs from the date of vacation of the order admitting
the will to probate.
(Source: P.A. 81-213.)
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