755 ILCS 5/8-1
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VIII - Will Contests

 (from Ch. 110 1/2, par. 8-1)Sec. 8-1. Contest of  admission of will to probate; notice.(a)  Within 6 months after the admission  to probate of a domestic will in accordance with the provisions  of Section 6-4 or Section 20-20 or 20-25 of the Electronic Wills and Remote Witnesses Act, or of a foreign will in accordance with the provisions of  Article VII of this Act, any interested person may file a petition in the proceeding  for the administration of the testator's estate or, if no proceeding is  pending,  in the court in which the will was admitted to probate, to contest the validity  of the will.(b) The petitioner shall cause a copy of the petition to be mailed or  delivered  to the representative, to his or her  attorney of  record, and to each 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 a legatee does not extend the time within which a petition to  contest  the will may be filed under subsection (a) of this Section or affect the  validity of the judgement entered in the proceeding.(c) Any contestant or proponent may demand a  trial by jury.  An issue  shall be made whether or not the instrument produced is  the will of the testator.  The contestant shall in the first instance proceed  with proof to establish the invalidity of the will.  At the close of the  contestant's case, the proponent may present evidence to sustain the will.  An authenticated transcript of the testimony of any witness or other party taken at the  time of the hearing on the admission of the will to probate, or an affidavit  of any witness or other party received as evidence under subsection 6-4(b), paragraphs (c) and (e) of Section 20-20 of the Electronic Wills and Remote Witnesses Act, or Section 20-25 of the Electronic Wills and Remote Witnesses Act, is admissible in  evidence.(d) The right to institute or continue a proceeding to contest the validity  of a will survives and descends to the heir, legatee, representative, grantee  or assignee of the person entitled to institute the proceeding.(e) It is the duty of the representative to defend a proceeding to contest  the validity of the will.  The court may order the representative to defend  the proceeding 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 defend or appeal in his stead.(f) An action to set aside or contest the validity of a revocable inter  vivos trust agreement or declaration of trust to which a legacy is provided by  the settlor's will which is admitted to probate shall be commenced within and  not after the time to contest the validity of a will as provided in  subsection (a) of this Section  and Section 13-223 of the Code of Civil Procedure.(g) This amendatory Act of 1995 applies to pending cases as well as cases  commenced on or after its effective date.  (Source: P.A. 102-167, eff. 7-26-21.)