§ Rule 108. Explanation of Rights of Heirs and Legatees When Will Admitted or Denied Probate

Rule 108. Explanation of Rights of Heirs and Legatees When Will Admitted or Denied Probate

(a) Wills Originally Proved. When a will is admitted or denied admission to probate under section 6-4 or section 7-4 of the Probate Act of 1975, as amended, [FN1] the information mailed to each heir and legatee under section 6-10 [FN2] shall include an explanation of the rights of interested persons in substantially the following form (Form 1 should be used when the will is admitted to probate and Form 2 when probate is denied):

Form 1

Notice to Heirs and Legatees

Attached to this notice are copies of a petition to probate a will and an order admitting the will to probate. You are named in the petition as an heir or legatee of the decedent.

Within 42 days after the effective date of the original order of admission, you may file a petition with the court to require proof of the will by testimony of the witnesses to the will in open court or other evidence, as provided in section 6-21 of the Probate Act of 1975 (755 ILCS 5/6-21).

You also have the right under section 8-1 of the Probate Act of 1975 (755 ILCS 5/8-1) to contest the validity of the will by filing a petition with the court within 6 months after admission of the will to probate.

Form 2

Notice to Heirs and Legatees

Attached to this notice are copies of a petition to probate a will and an order denying admission of the will to probate. You are named in the petition as an heir or legatee of the decedent.

You have the right under section 8-2 of the Probate Act of 1975 (755 ILCS 5/8-2) to contest the denial of admission by filing a petition with the court within 6 months after entry of the order of denial.

When a will is admitted or denied admission to probate under section 6-4 or section 7-4 of the Probate Act of 1975, as amended, and where notice under section 6-10 is given by publication, such notice shall be in substantially the following form (Form 3 should be used when the will is admitted to probate and Form 4 when probate is denied):

Form 3

Notice to Heirs and Legatees

Notice is given to __________ (names), who are heirs or legatees in the above proceeding to probate a will and whose name or address is not stated in the petition to admit the will to probate, that an order was entered by the court on __________, admitting the will to probate.

Within 42 days after the effective date of the original order of admission you may file a petition with the court to require proof of the will by testimony of the witnesses to the will in open court or other evidence, as provided in section 6-21 of the Probate Act of 1975 (755 ILCS 5/6-21).

Form 4

Notice to Heirs and Legatees

(b) Foreign Wills Proved by Copy. When a will is admitted or denied admission to probate under section 7-3 of the Probate Act of 1975, as amended [FN3] (“Proof of foreign will by copy”), the information mailed to each heir and legatee under section 6-10 of the Probate Act of 1975, as amended, shall include an explanation of the rights of interested persons in substantially the following form (Form 1 should be used when the will is admitted to probate and Form 2 when probate is denied):

Form 1

Notice to Heirs and Legatees

Attached to this notice are copies of a petition to probate a foreign will and an order admitting the foreign will to probate. You are named in the petition as an heir or legatee of the decedent.

You have the right under section 8-1 of the Probate Act of 1975 (755 ILCS 5/8-1) to contest the validity of the foreign will by filing a petition with the court within 6 months after admission of the foreign will to probate.

Form 2

Notice to Heirs and Legatees

Attached to this notice are copies of a petition to probate a foreign will and an order denying admission of that foreign will to probate. You are named in the petition as an heir or legatee of the decedent.

When a will is admitted or denied probate under section 7-3 of the Probate Act of 1975, as amended (“Proof of foreign will by copy”), and where notice under section 6-10 is given by publication, such notice shall be in substantially the following form (Form 3 should be used when the will is admitted to probate and Form 4 when probate is denied):

Form 3

Notice to Heirs and Legatees

Notice is given to __________ (names), who are heirs or legatees in the above proceeding to probate a foreign will and whose name or address is not stated in the petition to admit the foreign will to probate, that an order was entered by the court on __________, admitting the foreign will to probate.

Form 4

Notice to Heirs and Legatees

[FN1] 755 ILCS 5/6-4 or 5/7-4.

[FN2] 755 ILCS 5/6-10.

[FN3] 755 ILCS 5/7-3.