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- (755 ILCS 5/) Probate Act of 1975.
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(755 ILCS 5/6-19) (from Ch. 110 1/2, par. 6-19)
Sec. 6-19.
Judge as witness.) If a judge is a witness to a will which is required by
law to be proved before him, another judge shall be designated to take the
testimony of witnesses
to the will and to decide whether or not the will shall be admitted to probate.
The judge who
is the witness may proceed to administer the estate unless he is otherwise
precluded therefrom by this Act.
(Source: P.A. 79-328.)
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(755 ILCS 5/6-20) (from Ch. 110 1/2, par. 6-20)
Sec. 6-20. Petition to admit will to probate on presumption of death
of testator - notice.) (a) Anyone desiring to have a will admitted to
probate on the presumption of death of the testator must file a petition
therefor in the court of the proper county. The petition must state, in
addition to the information required by Section 6-2 (other than clauses
(a) and (b)), the facts and circumstances raising the presumption, the
name and last known post office address of the testator and, if known,
the name and post office address of each person in possession or control
of any property of the testator.
(b) Not less than 30 days before the hearing on the petition the
petitioner must (1) mail a copy
of the petition to the testator
at his last known address, to each of the testator's heirs and legatees
whose names and post office addresses are stated in the petition and to
each person shown by the petition to be in possession or control of any
property of the testator, and (2) publish a notice of the hearing on the
petition once a week for 3 successive weeks, the first publication to be
not less than 30 days before the hearing. The notice must state the time
and place of the hearing, the name of the testator and, when known, the
names of the heirs and legatees. The petitioner shall endorse the time
and place of the hearing on each copy
of the petition mailed by him. When the petition names a trustee of a trust,
it is not necessary to mail a copy of the petition to any beneficiary of
the trust who is not an heir or legatee, or to include the name of such
beneficiary in the published notice. If any person objects to the
admission of the will to probate, the court may require that such notice
of the time and place of the hearing as it directs be given to any beneficiary
of the trust not previously notified. The petitioner must file proof
of mailing and proof of publication with the clerk of the court.
(c) A copy of the petition need not be sent to any person not
designated in the petition as a minor or person with a disability who personally
appears before the court at the hearing or who files his waiver of
notice.
(d) When a will is admitted to probate on presumption of the
testator's death, the notice provided for in Section 6-10 is not
required.
(Source: P.A. 99-143, eff. 7-27-15.)
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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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