12.4 Deposition of Witness to a Will

A person seeking admission of a will to probate and desiring to take the deposition of a witness to a will as provided by Section 6-5 [755 ILCS 5/6-5] shall file a petition for issuance of a commission, stating:

(a) The name and address of the witness;

(b) If the witness resides in this country, the reason the witness is unable to attend court;

(c) The name and address of the officer to whom the commission is directed.

A copy of the proposed written interrogatories shall be attached to the petition. Unless notice is waived, notice of the petition shall be given not less than 14 days before the hearing on the petition for admission of the will to probate to each heir or legatee whose name and post office address is stated in the petition. Before the expiration of the 14 days, any interested person may propose written cross interrogatories.

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

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