Illinois Compiled Statutes
755 ILCS 5/6-21 (2026)
Formal proof of will
✓ current as of May 2026
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(755 ILCS 5/6-21)
(from Ch. 110 1/2, par. 6-21)
Sec. 6-21.
Formal proof of will.) If a will has been admitted to probate
before notice in accordance with Section 6-4, any person entitled to notice
under Section 6-10 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 must set the matter for
hearing upon such notice to interested persons as the court directs. At the hearing
the proponent must establish the will by testimony of the witnesses as provided
in subsection 6-4 (b) (1) or Section 6-5 or other evidence as provided in
this Act, but not as provided by subsection 6-4 (b) (2) or subsection 6-4
(b) (3), 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 are 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, which 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 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 runs from the date of vacation of the order admitting
the will to probate.
(Source: P.A. 81-213.)
(755 ILCS 5/Art. VII heading) ARTICLE VII
PROBATE OF FOREIGN WILLS AND ESTATES OF NONRESIDENTS
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Notes of Decisions
Cited in 8
cases (4 in the last 5 years), 1996–2026 · leading case: Thinschmidt v. Cartalino, 830 N.E.2d 810 (Ill. App. Ct. 2005).
Thinschmidt v. Cartalino, 830 N.E.2d 810 (Ill. App. Ct. 2005). “Concurrent with the admission of the will to probate, Mohr's sister Wilma Thinschmidt filed a petition for proof of will pursuant to section 6-21 of the Probate Act (755 ILCS 5/6-21 (West 2002)). The hearing on the formal proof of will was set for May 2, 2003.”
In Re Est. of Smith, 668 N.E.2d 102 (Ill. App. Ct. 1996). “LeVelle Williams filed a petition to require proof of the will by testimony under section 6-21 of the Probate Act (755 ILCS 5/6-21 (West 1994)). A hearing was held on March 24, 1995.”
In re Est. of Baker, 2023 IL App (4th) 221033-U (Ill. App. Ct. 2023). “¶ 22 The two-step process for the routine admission and then substantive challenge to the validity of a will is provided for in the Probate Act (755 ILCS 5/6-21, 8-1 (West 2020)) and settled law.”
In re Est. of Libby, 2019 IL App (2d) 180782-U (Ill. App. Ct. 2019). “¶5 On April 30, 2018, Jackson filed a petition for formal proof of the will pursuant to section 6-21 of the Probate Act of 1975 (Act) (755 ILCS 5/6-21 (West 2016). Hearing on this petition was held on July 24.”
In re Est. of McMullan, 2021 IL App (1st) 210088-U (Ill. App. Ct. 2021). “However, to the extent that argument is improperly conflated with Cooper’s statement of facts, we cannot find compliance with Rule 341(h)(7), because Cooper’s arguments are, with the exception of a single reference to a section of the Probate Act of 1975 (755 ILCS 5/6-21 (West…”
In re Est. of Stegall, 2024 IL App (4th) 230159-U (Ill. App. Ct. 2024). “” 755 ILCS 5/6-21 (West 2022). ¶ 35 Section 6-10 provides, in relevant part, “[w]hen the petition names a trustee of a trust, it is not necessary to publish for or mail copies of the petition and order to any beneficiary of the trust who is not an heir or legatee.”
In re Est. of Edwin, 2026 IL App (5th) 250501 (Ill. App. Ct. 2026). “See 755 ILCS 5/6-21 (West 2022). Within that transcript was the testimony of Nathan Links, an attorney, and Barbara Reaka, a paralegal working for the same office as Mr.”
In re Est. of Mohr Opinion corrected 6/24/05 (Ill. App. Ct. 2005). “Concurrent with the admission of the will to probate, Mohr's sister Wilma Thinschmidt filed a petition for proof of will pursuant to section 6-21 of the Probate Act (755 ILCS 5/6-21 (West 2002)). The hearing on the formal proof of will was set for May 2, 2003.”
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