12.3 Admission of Will to Probate - Letters of Administration


(a) A will must be filed at least 3 court days before the hearing on a petition for admission of the will to probate.

(b) With a petition for admission of a will to probate, the petitioner shall file a copy of the will attached to an affidavit of the petitioner or the petitioner's attorney that the copy attached to the affidavit is a copy of the will to be admitted to probate.

(c) With a petition for probate of a handwritten will, in addition to a copy thereof, the petitioner shall file a typewritten copy of the will attached to an affidavit of the petitioner or the petitioner's attorney that to the best of the affiant's knowledge the typewritten copy is correct.

(d) With a petition for probate of a will in a language other than English, in addition to a copy thereof, the petitioner shall file a translation by a qualified translator who shall certify that the translation is correct.

(e) If it appears that the decedent was at the time of the death a citizen of a foreign country, or that any heir or legatee is a citizen of a foreign country, notice shall be given to the nearest consul or consular agent for the foreign country who is listed by the Department of State in the manner provided by Section 6-10 [755 ILCS 5/6-10] or Section 9-5 [755 ILCS 5/9-5], as the case may be.

(f) Testimony recorded at the hearing on the admission of a will to probate shall be reduced to writing, certified by the court and filed with the clerk. No transcript need be filed when a will is admitted by attestation clause or affidavit in accordance with Section 6-4.

[Amended August 8, 1996, effective September 3, 1996.]