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, 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 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.)

(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 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.)

Adopted February 1, 1980, effective March 1, 1980; amended August 9, 1983, effective October 1,

1983; amended April 1, 1992, effective August 1, 1992; amended May 30, 2008, effective

immediately; amended Dec. 29, 2017, eff. 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.

http://www.illinoiscourts.gov/files/122917.pdf/amendment