Illinois Compiled Statutes
755 ILCS 5/6-2 (2026)
Petition to admit will or to issue letters
✓ current as of May 2026
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(755 ILCS 5/6-2)
(from Ch. 110 1/2, par. 6-2)
Sec. 6-2. Petition to admit will or to issue letters.)
Anyone
desiring to have a will admitted to probate must file a petition
therefor in the court of the proper county. The petition must state, if
known: (a) the name and place of residence of the testator at the time
of his death; (b) the date and place of death; (c) the date of the will
and the fact that petitioner believes the will to be the valid last will
of the testator; (d) the approximate value of the testator's real and
personal estate in this State; (e) the names and post office addresses
of all heirs and legatees of the testator and whether any of them is a
minor or a person with a disability; (f) the name and post office address of the
executor; and (g) unless supervised administration is requested, the
name and address of any personal
fiduciary acting or designated to act pursuant to Section 28-3. When
the will creates or adds to a trust and the petition states the name and
address of the trustee, the petition need not state the name and address
of any beneficiary of the trust who is not an heir or legatee. If
letters of administration with the will annexed are sought, the petition
must also state, if known: (a) the reason for the issuance of the
letters, (b) facts showing the right of the petitioner to act as, or to
nominate, the administrator with the will annexed, (c) the name and post
office address of the person nominated and of each person entitled
either to administer or to nominate a person to administer equally with
or in preference to the petitioner and (d) if the will has been
previously admitted to probate, the date of admission. If a petition for
letters of administration with the will annexed states that there are one
or more persons entitled either to administer or to nominate a person to
administer equally with or in preference to the petitioner, the petitioner
must mail a copy of the petition to each such person as provided in Section
9-5 and file proof of mailing with the clerk of the court.
(Source: P.A. 99-143, eff. 7-27-15.)
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1999–2022 · leading case: In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006).
In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006). “See 755 ILCS 5/6-2 (West 2004). The petition was granted, Printy's oath and bond were approved, and letters of office were issued to her on February 14, 1983.”
In Re Est. of Gebis, 710 N.E.2d 385 (Ill. 1999). “Or, if the deceased ward's estate is not yet open, a deceased ward's creditors, again like any decedent's creditors, may petition the circuit court either for admission of the decedent ward's will to probate (see 755 ILCS 5/6-2 (West 1996)) or for letters of administration (see…”
In re Est. of Nida, 2022 IL App (5th) 200432-U (Ill. App. Ct. 2022). “” 755 ILCS 5/6-2 (West 2020). ¶ 16 The statutory language here is unambiguous.”
Kramer v. Koeller (C.D. Ill. 2020). “See 755 ILCS 5/6-2, 5/6-4, 5/6-8. Because he is not the Executor, the Daughters argue, he has no standing under the Act to claim a right to decide the disposition of the Remains.”
Cmty. Bank v. Otto (Ill. App. Ct. 2001). “Of course, the creditors of a deceased may petition the circuit court either for admission of the decedent's will to probate (755 ILCS 5/6-2 (West 1996)) or for letters of administration (755 ILCS 5/9-3(West 1996)).”
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