2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 5/ - Probate Act of 1975. › Article VIII - Will Contests

(755 ILCS 5/Art. VIII heading)
ARTICLE VIII
WILL CONTESTS
(755 ILCS 5/8-1) (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, Electronic Estate Planning Documents, 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 judgment 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, Electronic Estate Planning Documents, and Remote Witnesses Act, or Section 20-25 of the Electronic Wills, Electronic Estate Planning Documents, 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; 103-301, eff. 1-1-24.)
(755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2)
Sec. 8-2. Contest of denial of admission of will to probate.
(a) Within
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 Section 20-20 or 20-25 of the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act, or of a foreign will
in accordance with the provisions of Article VII of this Act, 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
decedent's estate
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
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 legatee does not extend the time within which a petition to admit the
will
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
the proceeding.
(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. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)