2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 5/ - Probate Act of 1975. › Article VII - Probate Of Foreign Wills And Estates Of Nonresidents

(755 ILCS 5/Art. VII heading)
ARTICLE VII
PROBATE OF FOREIGN WILLS AND ESTATES OF NONRESIDENTS
(755 ILCS 5/7-1) (from Ch. 110 1/2, par. 7-1)
Sec. 7-1. 
		
		Foreign will admitted to probate.) A will signed by the testator when proved
as provided in this Article may be admitted to probate in this State when
(a) the will has
been admitted to probate outside of this State or (b) the will was executed outside
of this State in accordance with the law of this State, of the place where executed or
of the testator's domicile at the time of its execution.
(Source: P.A. 79-328.)
(755 ILCS 5/7-2) (from Ch. 110 1/2, par. 7-2)
Sec. 7-2. 
		
		Procedure for probate of foreign will.) The provisions of this Act concerning
the procedure for the admission to probate of a domestic will govern the procedure for
the admission to probate of a foreign will sought to be admitted to probate as provided
by this Article, except for the manner of proof.
(Source: P.A. 79-328.)
(755 ILCS 5/7-3) (from Ch. 110 1/2, par. 7-3)
Sec. 7-3. 
		
		Proof of foreign will by copy.) (a) A written will admitted to probate
outside of this State is sufficiently proved to admit it to probate in this State by
introducing in evidence an authenticated copy of the will and the probate thereof.
(b) A written will from any state or country whose laws do not require
a will to be probated
is sufficiently proved to admit it to probate in this State by introducing in evidence
an authenticated certificate of the legal custodian of the will that the
copy is a true copy and
that the will has become operative by the laws of that state or country.
(c) A notarial will from a state or country whose laws require the will
to remain in the
custody of a notary is sufficiently proved to admit it to probate in this
State by introducing
in evidence a copy of the will authenticated by the notary entitled to the
custody of the will.
(Source: P.A. 79-328.)
(755 ILCS 5/7-4) (from Ch. 110 1/2, par. 7-4)
Sec. 7-4. 
		
		Original proof of foreign will in this State.) (a) A will executed
outside of this
State in accordance with this Act is sufficiently proved to admit
it to probate in this State when proved in this State in the manner provided by
this Act for proving wills executed in this State.
(b) A will executed outside of this State in accordance with the law of
the place where
executed is sufficiently proved to admit it to probate in this State when proved
in this State in the manner provided by the law of the place where executed
for proving wills there executed.
(c) A will executed outside of this State in accordance with the law of the
testator's domicile at the time of its execution is sufficiently proved to admit it to
probate in this State when proved in this State in the manner provided by the law of the
testator's domicile at the time of its execution for proving wills there executed.
(d) A will proved as provided in this Section may not be admitted to probate when
there is proof of fraud, forgery, compulsion or other improper conduct which
in the opinion
of the court is deemed sufficient to invalidate or destroy the will.
(Source: P.A. 79-328.)
(755 ILCS 5/7-5) (from Ch. 110 1/2, par. 7-5)
Sec. 7-5. 
		
		Effect of probate of foreign will.)  The admission to probate
in this State of a will executed and proved in the manner provided by this
Article has the same effect in all respects as the admission to probate
of a domestic will and letters of office may be issued unless the issuance
of letters is excused.
(Source: P.A. 81-788.)
(755 ILCS 5/7-6) (from Ch. 110 1/2, par. 7-6)
Sec. 7-6. 
		
		Disposition of personal estate of nonresident decedent.) If a
nonresident decedent who is a citizen of the United States or a citizen or subject
of a foreign country, provides in his will that the testamentary
disposition of tangible or intangible personal estate having a situs within this
State as defined in Section 5-2, is to be construed and regulated by the laws of
this State, the validity and effect of such disposition shall be determined
by such laws.
In respect of a nonresident decedent's tangible or intangible personal estate having
a situs within this State, as defined in Section 5-2, the court may
direct and, in the case of a decedent who was at the time of his death a resident
of a foreign country, shall direct the representative appointed in this State to make
distribution directly to those designated by the decedent's will as beneficiaries
of the tangible or intangible personal estate or to the persons entitled to
receive the decedent's personal estate under the laws of the decedent's
domicile, as the
case may be.
(Source: P.A. 79-328.)