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(755 ILCS 5/8-2)
(from Ch. 110 1/2, par. 8-2)
Contest of denial of admission of will to probate.
6 months after the entry of an order denying admission to probate of a domestic
will in accordance with the provisions of Section 6-4, or of a foreign will
in accordance with the provisions of Article VII, any interested person
desiring to contest the denial of admission may file a petition to admit
the will to probate in the proceeding for the administration of the
or, if no proceeding is pending, in the court which
denied admission of the
will to probate. The petition must state the facts required to be stated
in Section 6-2 or 6-20, whichever is applicable.
(b) The petitioner shall cause a copy of the petition to be mailed or
to the representative, to his or her attorney of record, and to
heir and legatee whose name is listed in the petition to admit the will to
probate and in any amended petition filed in accordance with Section 6-11, at
the address stated in the petition or amended petition. Filing a pleading
constitutes a waiver of the
mailing or delivery of the notice to the person
filing the pleading. Failure to mail or deliver a copy of the petition to an
heir or legatee does not extend the time within which a petition to admit the
to probate may be filed under subsection (a) of Section 8-1 or
affect the validity of the judgment entered in the proceeding.
(c) Any proponent or contestant may demand a
trial by jury. An issue
shall be made whether or not the instrument produced is the will of the
testator. The proponent shall in the first instance proceed
with proof to establish the validity of the will and may introduce any evidence
competent to establish a will. Any interested person may oppose the petition
and may introduce any evidence admissible in a will contest under Section
8-1. At the close of the contestant's case, the proponent may present further
evidence to sustain the will.
(d) The right to institute or continue a proceeding to contest the denial
of admission of a will to probate survives and descends to the heir, legatee,
representative, grantee or assignee of the person entitled to institute
(e) The court may order the representative to defend a proceeding to probate
the will or prosecute an appeal from the judgment. If the representative
fails or refuses to do so when ordered by the court, or if there is no
representative then acting, the court, upon its
motion or on application of any interested person, may appoint a special
administrator to do so in his stead.
(f) A person named as executor in a will that has been denied admission
to probate has no duty to file or support a petition under Section 8-2.
(g) This amendatory Act of 1995 applies to pending cases as well as cases
commenced on or after its effective date.
(Source: P.A. 89-364, eff. 8-18-95.)