Illinois Compiled Statutes
755 ILCS 5/6-4 (2026)
Admission of will to probate - testimony or affidavit of witnesses
✓ current as of May 2026
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(755 ILCS 5/6-4)
(from Ch. 110 1/2, par. 6-4)
Sec. 6-4.
Admission of will to probate - testimony or affidavit of
witnesses.) (a) When each of 2 attesting witnesses to a will states
that (1) he was present and saw the testator or some person in his
presence and by his direction sign the will in the presence of the
witness or the testator acknowledged it to the witness as his act, (2)
the will was attested by the witness in the presence of the testator and
(3) he believed the testator to be of sound mind and memory at the time
of signing or acknowledging the will, the execution of the will is
sufficiently proved to admit it to probate, unless there is proof of
fraud, forgery, compulsion or other improper conduct which in the
opinion of the court is deemed sufficient to invalidate or destroy the
will. The proponent may also introduce any other evidence competent to
establish a will. If the proponent establishes the will by
sufficient competent evidence, it shall be admitted to probate, unless
there is proof of fraud, forgery, compulsion or other improper conduct
which in the opinion of the court is deemed sufficient to invalidate or
destroy the will.
(b) The statements of a witness to prove the will under subsection 6-4(a)
may be made by (1) testimony before the court, (2) an attestation clause
signed by the witness and forming a part of or attached to the will or (3)
an affidavit which is signed by the witness at or after the time of attestation
and which forms part of the will or is attached to the will or to an accurate
facsimile of the will.
(Source: P.A. 81-213.)
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1996–2024 · leading case: In Re Est. of Alfaro, 703 N.E.2d 620 (Ill. App. Ct. 1998).
In Re Est. of Alfaro, 703 N.E.2d 620 (Ill. App. Ct. 1998). “(b) The statements of a witness to prove the will under subsection 6-4(a) may be made by (1) testimony before the court, (2) an attestation clause signed by the witness and forming a part of or attached to the will or (3) an affidavit which is signed by the witness at or after…”
In re Est. of Frakes, 2020 IL App (3d) 180649 (Ill. App. Ct. 2020). “54, 57 (1953) (unavailable will may be admitted to probate if shown to be destroyed accidentally or fraudulently without consent of testator); 755 ILCS 5/6-4 (West 2016). ¶ 28 In light of the cross-motions for summary judgment, we find no genuine issue of material fact that…”
In re: the Est. of Koester, 2012 IL App (4th) 110879 (Ill. App. Ct. 2012). “Under sections 6-4 and 8-1(c) of the Probate Act (755 ILCS 5/6-4, 8-1(c) (West 2010)), respondents had the burden of proving it was not in Maurice’s possession when he died.”
In Re Est. of Smith, 668 N.E.2d 102 (Ill. App. Ct. 1996). “" 755 ILCS 5/6-4(a), (b) (West 1994). If an heir demands formal proof of a will, the will must be established by testimony of the witnesses as provided in subsection 6-4(b)(1) or by deposition as provided in section 6-5.”
In Re Est. of Koziol, 851 N.E.2d 198 (Ill. App. Ct. 2006). “…time of attestation which forms part of the will or is attached to the will or to an accurate facsimile of the will.” 755 ILCS 5/6-4 (West 2002).”
Wells Fargo Bank, N.A. v. Simpson, 2015 IL App (1st) 142925 (Ill. App. Ct. 2015). “755 ILCS 5/6-4, 6-8 (West 2012). Nothing in the record shows that anyone ever opened a probate estate for Dillard, and the on-line docket of the clerk of the circuit court of Cook County shows that no estate was ever opened for her.”
In re Est. of Libby, 2019 IL App (2d) 180782-U (Ill. App. Ct. 2019). “ANALYSIS ¶ 16 Jackson now contends that the trial court erred in admitting the will to probate and later confirming the admission, as neither the attestation clause of the will nor the in-court testimony of the witnesses was sufficient.”
In re Est. of Stegall, 2024 IL App (4th) 230159-U (Ill. App. Ct. 2024). “¶ 33 Section 6-4(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/6-4(a) (West 2022)) provides a will is sufficiently proved to admit it to probate when two attesting witnesses state: (1) they were present when the testator signed the will or acknowledged his signature…”
In re Est. of Lum (Ill. App. Ct. 1998). “755 ILCS 5/6-4 (West 1992). Section 6-4 provides: "(a) When each of 2 attesting witnesses to a will states that (1) he was present and saw the testator or some person in his presence and by his direction sign the will in the presence of the witness or the testator acknowledged…”
Wells Fargo Bank, N.A. v. Simpson, 2015 IL App (1st) 142925 (Ill. App. Ct. 2015). “755 ILCS 5/6-4, 6-8 (West 2012). Nothing in the record shows that anyone ever opened a probate estate for Dillard, and the on-line docket of the clerk of the circuit court of Cook County shows that no estate was ever opened for her.”
Wells Fargo Bank, N.A. v. Simpson, 2015 IL App (1st) 142925 (Ill. App. Ct. 2015). “755 ILCS 5/6-4, 6-8 (West 2012). Nothing in the record shows that anyone ever opened a probate estate for Dillard, and the on-line docket of the clerk of the circuit court of Cook County shows that no estate was ever opened for her.”
In re: Est. of Koziol (Ill. App. Ct. 2006). “" 755 ILCS 5/6-4 (West 2002). -3- 1-05-1455 probate or to contest the validity of this Will, that person shall take nothing hereunder.”
— 755 ILCS 5/6-4(a) — 5 cases
In Re Est. of Smith, 668 N.E.2d 102 (Ill. App. Ct. 1996). “" 755 ILCS 5/6-4(a), (b) (West 1994). If an heir demands formal proof of a will, the will must be established by testimony of the witnesses as provided in subsection 6-4(b)(1) or by deposition as provided in section 6-5.”
In re: the Est. of Koester, 2012 IL App (4th) 110879 (Ill. App. Ct. 2012). “Under sections 6-4 and 8-1(c) of the Probate Act (755 ILCS 5/6-4, 8-1(c) (West 2010)), respondents had the burden of proving it was not in Maurice’s possession when he died.”
In re Est. of Libby, 2019 IL App (2d) 180782-U (Ill. App. Ct. 2019). “ANALYSIS ¶ 16 Jackson now contends that the trial court erred in admitting the will to probate and later confirming the admission, as neither the attestation clause of the will nor the in-court testimony of the witnesses was sufficient.”
In re Est. of Stegall, 2024 IL App (4th) 230159-U (Ill. App. Ct. 2024). “¶ 33 Section 6-4(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/6-4(a) (West 2022)) provides a will is sufficiently proved to admit it to probate when two attesting witnesses state: (1) they were present when the testator signed the will or acknowledged his signature…”
In re Est. of Lum (Ill. App. Ct. 1998). “755 ILCS 5/6-4 (West 1992). Section 6-4 provides: "(a) When each of 2 attesting witnesses to a will states that (1) he was present and saw the testator or some person in his presence and by his direction sign the will in the presence of the witness or the testator acknowledged…”
— 755 ILCS 5/6-4(b) — 1 case
In re Est. of Libby, 2019 IL App (2d) 180782-U (Ill. App. Ct. 2019). “ANALYSIS ¶ 16 Jackson now contends that the trial court erred in admitting the will to probate and later confirming the admission, as neither the attestation clause of the will nor the in-court testimony of the witnesses was sufficient.”
— 755 ILCS 5/6-4(b)(2) — 1 case
In re: the Est. of Koester, 2012 IL App (4th) 110879 (Ill. App. Ct. 2012). “Under sections 6-4 and 8-1(c) of the Probate Act (755 ILCS 5/6-4, 8-1(c) (West 2010)), respondents had the burden of proving it was not in Maurice’s possession when he died.”
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