More Categories

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

May 11, 2021 | Civil Procedure, Illinois

(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, the information mailed to each heir and legatee under section 6-10 shall include an explanation of the rights of interested persons prepared by utilizing, or substantially adopting the appearance and content of, Form 1 or Form 2 provided in the Article II Forms Appendix. (Form 1 should be used when the will is admitted to probate and Form 2 when probate is denied.

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.)

(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 (“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 prepared by utilizing, or substantially adopting the appearance and content of, Form 1 or Form 2 provided in the Article II Forms Appendix. (Form 1 should be used when the will is admitted to probate and Form 2 when probate is denied.)

When a will is admitted or denied admission to 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 prepared by utilizing, or substantially adopting the appearance and content of, Form 3 or Form 4 provided in the Article II Forms Appendix. (Form 3 should be used when the will is admitted to probate and Form 4 when probate is denied.)

Ill. Sup. Ct. R. 108

Adopted Feb. 1, 1980, eff. March 1, 1980; amended Aug. 9, 1983, eff. Oct. 1, 1983; amended April 1, 1992, eff. Aug. 1, 1992; amended May 30, 2008, eff. immediately; amended Dec. 29, 2017, eff. Jan. 1, 2018; amended Jan. 17, 2018, eff. nunc pro tunc Jan. 1, 2018.

Committee Comments

(February 1980)

This rule was adopted pursuant to amended section 6-10(a) of the Probate Act of 1975, effective January 1, 1980. The first blank in forms 3 and 4 is for the names of heirs and legatees whose addresses are unknown and for insertion of “unknown heirs” if unknown heirs are referred to in the petition.