# IL. R. Ct. 108: Rule 108. Explanation of Rights of Heirs and Legatees When Will Admitted or Denied Probate

> Illinois · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R108

## Section

- **Citation:** IL. R. Ct. 108
- **Heading:** Rule 108. Explanation of Rights of Heirs and Legatees When Will Admitted or Denied Probate
- **Jurisdiction:** Illinois
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** IL Court Rules / Title II / Rule 108

## Text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_IL_TII_R108. Check the current official text before relying on it. Not legal advice.
