Petition for Probate of Will and for Letters Testamentary - Illinois

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT, [COUNTY] COUNTY, ILLINOIS — PROBATE DIVISION

(Petition under 755 ILCS 5/6-2)

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Jurisdiction and Venue
5. The Will Offered for Probate
6. Heirs and Legatees
7. Nomination and Qualification of Executor
8. Bond and Administration
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Case No.: [____________________________________]

Petition for: ☑ Admission of Will to Probate ☑ Issuance of Letters Testamentary
Administration requested: ☐ Independent (755 ILCS 5/28-1) ☐ Supervised

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Post Office Address: [STREET ADDRESS], [CITY], Illinois [ZIP CODE]
Telephone: [________________________] Email: [________________________]
Capacity: Petitioner is the Executor named in the Decedent's Last Will and Testament.
Relationship to Decedent: [RELATIONSHIP]

Within 30 days after learning that he or she was named Executor, Petitioner is instituting this proceeding to have the Will admitted to probate, as required by 755 ILCS 5/6-3.

3. DECEDENT INFORMATION

4. JURISDICTION AND VENUE

a. Venue. Venue is proper in the Circuit Court of [COUNTY] County under 755 ILCS 5/5-1, because the Decedent ☐ resided in this county at the time of death ☐ was a nonresident who left property within this county.

b. The Decedent died testate on [__/__/____] at [PLACE OF DEATH], leaving a Last Will and Testament dated [__/__/____].
☐ The Decedent also executed [____] codicil(s) dated [__/__/____], offered for probate herewith.

c. The approximate value of the Decedent's real and personal estate in Illinois is:

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered for probate is the Last Will and Testament of the Decedent dated [__/__/____], consisting of [____] pages, together with any codicil(s) described above (the "Will"). Petitioner believes the Will to be the valid last will of the Decedent (755 ILCS 5/6-2(c)).

b. Original lodged with the clerk. The original Will is filed with the clerk of this Court and shall remain in the custody of the clerk pursuant to 755 ILCS 5/6-7 unless the Court orders otherwise. (Any person in possession of a will must file it immediately upon the testator's death — 755 ILCS 5/6-1.)

c. Proof of will (755 ILCS 5/6-4). The execution of the Will is established as follows:
☐ The Will contains an attestation clause or attesting witnesses' affidavit signed by the witnesses, sufficient under 755 ILCS 5/6-4(b)(2)–(3) to admit the Will to probate without live testimony.
☐ Proof will be made by the testimony of attesting witness(es) before the Court (755 ILCS 5/6-4(b)(1)).
☐ The witnesses are deceased, outside Illinois, or otherwise unavailable; proof of handwriting / secondary evidence will be offered under 755 ILCS 5/6-6.

d. Attesting witnesses:

e. The Will has not been revoked and was, to Petitioner's knowledge, in full force and effect as the Decedent's valid last will at the time of death.

6. HEIRS AND LEGATEES

The names and post office addresses of all heirs and legatees of the Decedent, and whether each is a minor or a person with a disability, are as follows (755 ILCS 5/6-2(e)):

☐ Where the Will creates or adds to a trust and the petition states the trustee's name and address, the petition need not state the name and address of a trust beneficiary who is not an heir or legatee (755 ILCS 5/6-2).

☐ Unless supervised administration is requested, the name and address of any personal fiduciary acting or designated under 755 ILCS 5/28-3 is: [________________________________].

7. NOMINATION AND QUALIFICATION OF EXECUTOR

a. The Will names [PETITIONER / NOMINEE FULL LEGAL NAME] as Executor.

b. Issuance of letters (755 ILCS 5/6-8). When a will is admitted to probate, Letters Testamentary shall be issued to the executor named in the will if the executor qualifies and accepts the office, unless the issuance of letters is excused.

c. Qualification (755 ILCS 5/6-13). Petitioner has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged person with a disability, is not currently incarcerated, and has not been convicted of a felony (except as permitted by 755 ILCS 5/6-13(c)). Petitioner is qualified to act and accepts the office.

d. ☐ If a named executor predeceased the Decedent, fails or refuses to qualify, or is disqualified, the remaining named executor(s) shall serve (755 ILCS 5/6-9); if none qualifies, letters of administration with the will annexed are sought under 755 ILCS 5/6-9 and 755 ILCS 5/9-3.

8. BOND AND ADMINISTRATION

a. Bond. Petitioner requests that bond be addressed as follows (755 ILCS 5/12-2, 5/12-3):
☐ The Will expressly excuses the Executor from giving bond; Petitioner requests that no bond be required (755 ILCS 5/12-3).
☐ Petitioner will furnish bond in an amount fixed by the Court, with surety as required (755 ILCS 5/12-2).
☐ The Court may, in its discretion, require a nonresident executor to furnish bond notwithstanding any contrary will provision (755 ILCS 5/6-13(d)).

b. Administration. Petitioner requests:
☐ Independent administration under 755 ILCS 5/28-1 et seq. (the default unless the Will directs supervised administration or an interested person requires supervision);
☐ Supervised administration.

Estimated bond amount, if any: $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

a. Admit the Decedent's Will (and any codicil) to probate;

b. Find that the Will is the valid last will of the Decedent and that the Decedent died testate;

c. Appoint Petitioner as Executor of the estate of the Decedent;

d. Order that Letters Testamentary be issued to Petitioner upon qualification and acceptance (755 ILCS 5/6-8);

e. Determine bond as requested above, or excuse bond as directed by the Will;

f. Authorize ☐ independent / ☐ supervised administration as requested above;

g. Grant such other and further relief as the Court deems just.

10. VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109), the undersigned certifies that the statements set forth in this Petition are true and correct, except as to matters stated on information and belief, and that as to such matters the undersigned certifies that he or she verily believes the same to be true.

Executed on [__/__/____] at [CITY], Illinois.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE / NOTICE

Notice (755 ILCS 5/6-10). Not more than 14 days after entry of the order admitting the Will to probate and appointing the representative, the representative (or, if none, the Petitioner) shall mail a copy of the petition to admit the Will and a copy of the order showing the date of entry to each of the Decedent's heirs and legatees whose names and post office addresses are stated in the petition. If any name or address is not stated, notice shall be published once a week for 3 successive weeks. The notice must include the Supreme Court-prescribed explanation of the rights of heirs and legatees to require formal proof of will under 755 ILCS 5/6-21 and to contest admission under 755 ILCS 5/8-1 or 5/8-2. Proof of mailing (and publication, if required) shall be filed with the clerk.

☐ Proof of mailing filed with the clerk. ☐ Proof of publication filed (if applicable).
☐ Waivers of notice filed by interested persons who appeared at the hearing (755 ILCS 5/6-10(b)).

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Illinois ARDC No.: [________________] (if attorney)
Firm / Address: [________________________________]
Telephone: [________________________] Email: [________________________]

12. ATTACHMENTS CHECKLIST

☐ Local circuit-court petition form (e.g., Cook County CCP 0315), if required
☐ Original Last Will and Testament (and any codicil) — filed with the clerk (755 ILCS 5/6-1, 5/6-7)
☐ Certified copy of the Death Certificate
☐ Affidavit of attesting witnesses / proof of will (755 ILCS 5/6-4), if not by live testimony
☐ Oath and Acceptance of Office of Representative
☐ Surety bond (755 ILCS 5/12-2), if bond is required
☐ Proposed Order admitting Will to Probate and appointing Executor
☐ Proposed Letters Testamentary (755 ILCS 5/6-8)
☐ Notice to heirs and legatees (755 ILCS 5/6-10) with statutory rights explanation
☐ Proof of mailing / publication
☐ Filing fee payment

SOURCES AND REFERENCES

• 755 ILCS 5/5-1 — Place of probate; venue.
• 755 ILCS 5/6-1 — Duty to file will.
• 755 ILCS 5/6-2 — Petition to admit will or to issue letters; required contents.
• 755 ILCS 5/6-3 — Duty of executor to present will for probate (30 days).
• 755 ILCS 5/6-4 — Admission of will to probate; testimony or affidavit of witnesses.
• 755 ILCS 5/6-7 — Original will to remain with the clerk.
• 755 ILCS 5/6-8 — Issuance of letters testamentary.
• 755 ILCS 5/6-9, 5/9-3 — Failure to qualify; administration with the will annexed.
• 755 ILCS 5/6-10 — Notice; waiver (14-day rule).
• 755 ILCS 5/6-13 — Who may act as executor; nonresident bond.
• 755 ILCS 5/6-21 — Formal proof of will.
• 755 ILCS 5/12-2, 5/12-3 — Bond of representative; waiver by will.
• 755 ILCS 5/28-1 et seq. — Independent administration.
• Probate Act of 1975, 755 ILCS 5/ — https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104