12.1 General


(a) The definitions in the Probate Act of 1975 apply, and when used in this part of the Rules, unless the context requires otherwise:

(i) "court" refers to Probate Division;

(ii) "judge" means a judge or associate judge assigned to the Probate Division;

(iii) "motion" includes every petition, application or other matter requiring the entry of an order; and

(iv) section references are to sections of the Probate Act.

(b) In the construction of these rules, the rules governing the construction of statutes shall apply.

(c) During the period of administration of the estate to which the action or proceeding is germane, an action or proceeding to contest admission or denial of a will to probate, to contest a trust, to enforce a contract to make a will, to construe a will or trust, or to appoint a trustee of a trust to which any part or all of the estate is distributable or any other action or proceeding affecting the estate or trust or arising under a Uniform Transfers (or Gifts) to Minor Act, shall be filed and heard in the Probate Division, shall employ the same number as the estate to which it relates and, if appropriate, shall be designated a "supplemental proceeding". The parties shall be designated as in other civil actions. In a supplemental proceeding, the required fee shall be paid at the time the action is filed.

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

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