Illinois Compiled Statutes
755 ILCS 5/6-12 (2026)
Appointment of guardian ad litem
✓ current as of May 2026
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(755 ILCS 5/6-12)
(from Ch. 110 1/2, par. 6-12)
Sec. 6-12. Appointment of guardian ad litem.)
When an heir or legatee
of a testator is a minor or person with a disability who is entitled to notice under
Section 6-10 at the time an order is entered admitting or denying
admission of a will to probate or who is entitled to notice under Section
6-20 or 6-21 of the hearing on the petition to admit the will, the court
may appoint a guardian ad litem to protect the interests of the ward with
respect to the admission or denial, or to represent the ward at the hearing,
if the court finds that (a) the interests of the ward are not adequately
represented by a personal fiduciary acting or designated to act pursuant
to Section 28-3 or by another party having a substantially identical interest
in the proceedings and the ward is not represented by a guardian of his
estate and (b) the appointment of
a guardian ad litem is necessary to protect the ward's interests.
(Source: P.A. 99-143, eff. 7-27-15.)
Notes of Decisions
Cited in 3
cases, 1997–2014 · leading case: Mayfield v. Est. of Mayfield, 680 N.E.2d 784 (Ill. App. Ct. 1997).
Mayfield v. Est. of Mayfield, 680 N.E.2d 784 (Ill. App. Ct. 1997). “Section 6-12 of the Probate Act of 1975(Act) provides that a guardian ad litem need not be appointed where the interests of the ward are adequately represented by "another party having a substantially identical interest in the proceedings.”
In re Est. of Mondfrans, 2014 IL App (2d) 130205 (Ill. App. Ct. 2014). “755 ILCS 5/6-2 (West 2012) (unless supervised administration is requested, a petition to admit a will to probate must state the name and address of any personal fiduciary); see also 755 ILCS 5/6-12, 28-3 (West 2012) (appointment of guardian ad litem and protection of persons…”
In re Est. of Mayfield (Ill. App. Ct. 1997). “Section 6-12 of the Probate Act of 1975 (Act) provides that a guardian ad litem need not be appointed where the interests of the ward are adequately represented by "another party having a substantially identical interest in the proceedings.”
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