755 ILCS 5/6-2

Current through Public Act 103-1052

Section 755 ILCS 5/6-2 - Petition to admit will or to issue letters

Anyone desiring to have a will admitted to probate must file a petition therefor in the court of the proper county. The petition must state, if known:

(a) the name and place of residence of the testator at the time of his death;

(b)the date and place of death;

(c)the date of the will and the fact that petitioner believes the will to be the valid last will of the testator;

(d) the approximate value of the testator's real and personal estate in this State;

(e) the names and post office addresses of all heirs and legatees of the testator and whether any of them is a minor or a person with a disability ;

(f)the name and post office address of the executor; and

(g) unless supervised administration is requested, the name and address of any personal fiduciary acting or designated to act pursuant to Section 28-3.

When the will creates or adds to a trust and the petition states the name and address of the trustee, the petition need not state the name and address of any beneficiary of the trust who is not an heir or legatee. If letters of administration with the will annexed are sought, the petition must also state, if known:

(a) the reason for the issuance of the letters,

(b) facts showing the right of the petitioner to act as, or to nominate, the administrator with the will annexed,

(c) the name and post office address of the person nominated and of each person entitled either to administer or to nominate a person to administer equally with or in preference to the petitioner and

(d) if the will has been previously admitted to probate, the date of admission. If a petition for letters of administration with the will annexed states that there are one or more persons entitled either to administer or to nominate a person to administer equally with or in preference to the petitioner, the petitioner must mail a copy of the petition to each such person as provided in Section 9-5 and file proof of mailing with the clerk of the court.

755 ILCS 5/6-2

P.A. 84-555; 84-690.

Amended by P.A. 099-0143,§ 960, eff. 7/27/2015.