PocketLaw | Illinois Compiled Statutes | Admission of Wills to Probate

Admission of Wills to Probate

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(755 ILCS 6/Art. 20 heading)

Article 20. Admission of Wills to Probate

(755 ILCS 6/20-10)

Sec. 20-10. Admission of paper copy of electronic will. Before being admitted to probate, a paper copy of an electronic will shall be:

(1) certified under Section 10-10; or
(2) supported by sufficient evidence to overcome the presumption under subsection (b) of Section 5-10 that the testator revoked the electronic will.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-15)

Sec. 20-15. Admission of wills attested to by witnesses who are physically present. An electronic will or paper copy of an electronic will attested to by witnesses who are all in the testator's physical presence at the time of attestation shall be sufficiently proved under Section 6-4 of the Probate Act of 1975 to be admitted to probate.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-20)

Sec. 20-20. Admission of wills attested to by a remote witness.

(a) A will, other than a will signed under Section 15-20, attested to by one or more remote witnesses is sufficiently proved to be admitted to probate when each of at least 2 of the attesting witnesses make the statements described in subsection (b), and if the testator appointed a person to attach any separate signature pages, attestation clauses, or affidavits forming a part of a paper copy of an electronic will or paper document, each appointed person, other than the testator, makes the statements described in subsection (d).

(b) Each attesting witness shall state that:

(1) the attesting witness was present and saw the testator or some person in the testator's presence and by the testator's direction sign the will in the presence of the witness or the testator acknowledged it to the witness as the testator's act;
(2) the will was attested to by the witness in the presence of the testator;
(3) the witness believed the testator to be of sound mind and memory at the time of signing or acknowledging the will; and
(4) if the attesting witness is a remote witness, the method used to determine the testator's identity.

(1) testimony before the court;
(2) an attestation clause signed by the witness and attached to the will within 10 business days of the execution;
(3) an affidavit that is signed by the witness at the time of attestation and is attached to the will within 10 business days; or
(4) an affidavit that is signed after the time of attestation and is attached to an accurate copy of the will.

(d) Any person appointed by the testator to attach to the will the witnesses' signed signature pages, attestation clauses, or affidavits forming a part of the will or copies of the same shall state:

(1) that the signed signature pages, attestation clauses, or affidavits forming a part of the will or copies of the same were attached within 10 business days of each witness's attestation;
(2) that the person attached the signed signature pages, attestation clauses, or affidavits forming a part of the will or copies of the same to the testator's complete and correct will; and
(3) if the signed signature pages, attestation clauses, or affidavits forming a part of the will were signed as electronic records, the statements required to certify the paper copies of the electronic records under Section 10-10.

(e) The statements under subsection (d) by any person, other than the testator, attaching the attesting witnesses signature pages, attestation clauses, affidavits, or copies of the same may be made by:

(1) testimony before the court;
(2) a written statement certified under Section 1-109 of the Code of Civil Procedure that is signed and attached to the will when attaching the signature pages, attestation clauses, affidavits of the witnesses, or copies of the same; or
(3) an affidavit signed at or after the time of attaching the signature pages, attestation clauses, affidavits of the witnesses, or copies of the same and attached to the will or an accurate copy of the will.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-25)

Sec. 20-25. Admission of a will signed during the COVID-19 emergency declaration. A will attested to by a remote witness under Section 15-20 is sufficiently proved to be admitted to probate when each of at least 2 attesting witnesses:

(1) sign an attestation clause or affidavit substantially complying with the statements required under subsection (a) of Section 6-4 of the Probate Act of 1975 within 48 hours of the act of witnessing, and the attestation clause, affidavit, or a copy of the same is attached to the will signed by the testator or an accurate copy of the will;
(2) sign an attestation clause or affidavit at or after the act of witnessing that is attached to the will or an accurate copy of the will stating the testator and remote witness to the will substantially complied with Section 15-20 and the remote witness believed the testator to be of sound mind and memory at the time of the signing; or
(3) testify in court that the testator and remote witness substantially complied with Section 15-20 and that the remote witness believed the testator to be of sound mind and memory at the time of the signing.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-30)

Sec. 20-30. Evidence of fraud, forgery, compulsion, or other improper conduct. Nothing in this Article prohibits any party from introducing evidence of fraud, forgery, compulsion, or other improper conduct that in the opinion of the court is deemed sufficient to invalidate the will when being admitted. The proponent may also introduce any other evidence competent to establish the validity of a will. If the proponent establishes the validity of the will by sufficient competent evidence, it shall be admitted to probate unless there is proof of fraud, forgery, compulsion, or other improper conduct that in the opinion of the court is deemed sufficient to invalidate the will.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-35)

Sec. 20-35. Formal proof of will with remote witness under Section 20-20. If a will has been admitted to probate under Section 20-20 before notice, any person entitled to notice under Section 6-10 of the Probate Act of 1975 may file a petition within 42 days after the effective date of the original order admitting the will to probate to require proof of the will, pursuant to this Section. The court shall set the matter for hearing upon such notice to interested persons as the court directs. At the hearing, the proponent shall establish the will by testimony of the relevant parties as provided in paragraph (1) of subsection (c) of Section 10-10, paragraph (1) of subsection (c) of Section 20-20, or paragraph (1) of subsection (e) of Section 20-20 or deposition of the relevant parties following the procedures in Section 6-5 of the Probate Act of 1975 or other evidence as provided in the Probate Act of 1975, but not as provided by paragraph (2) or (3) of subsection (c) of Section 10-10, paragraph (2) or (3) of subsection (c) of Section 20-20, or paragraph (2) or (3) of subsection (e) of Section 20-20, as if the will had not originally been admitted to probate. If the proponent establishes the will by sufficient competent evidence, the original order admitting it to probate and the original order appointing the representative shall be confirmed and effective as to all persons, including creditors, as of the dates of their entries, unless there is proof of fraud, forgery, compulsion, or other improper conduct that in the opinion of the court is sufficient to invalidate or destroy the will. The time for filing a petition to contest a will under Section 8-1 of the Probate Act of 1975 is not extended by the filing of the petition under this Section if the order admitting the will to probate is confirmed, but if that order is vacated, the time for filing the petition under Section 8-2 of the Probate Act of 1975 runs from the date of vacation of the order admitting the will to probate.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-40)

Sec. 20-40. Formal proof of an electronic will. If a petition is filed for proof of an electronic will under Section 6-21 of the Probate Act of 1975 or Section 20-35 of this Act, the Court shall determine whether the electronic will is a tamper-evident electronic record and has not been altered apart from the electronic signatures and other information that arises in the normal course of communication, storage, and display.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-45)

Sec. 20-45. Formal proof of will witnessed during the COVID-19 emergency declaration. Testimony or other evidence at a hearing for formal proof of a will under Section 6-21 of the Probate of 1975 by a remote witness who witnessed the will under Section 15-20 shall establish the testator and remote witness substantially complied with the requirements of Section 15-20 and the remote witness believed the testator to be of sound mind and memory at the time of the signing. Formal proof of a will signed under Section 15-20 does not require testimony or other evidence that the remote witness attested to the will in the presence of the testator. Testimony by the remote witness that conflicts with a statement in the attestation clause or affidavit that the remote witness attested to the will in the presence of the testator does not affect proof of the will or the credibility of the remote witness.

(Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/20-5)

Sec. 20-5. Electronic will. In addition to the requirements of Section 6-2 of the Probate Act of 1975, the petitioner shall state in the petition to have an electronic will admitted to probate that the electronic will is a tamper-evident electronic record and it has not been altered apart from the electronic signatures and other information that arises in the normal course of communication, storage, and display.

(Source: P.A. 102-167, eff. 7-26-21.)

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