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Illinois Compiled Statutes

755 ILCS 5/8-1 (2026)

Contest of admission of will to probate; notice

✓ current as of May 2026
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(755 ILCS 5/8-1) (from Ch. 110 1/2, par. 8-1)
    Sec. 8-1. Contest of admission of will to probate; notice.
    (a) Within 6 months after the admission to probate of a domestic will in accordance with the provisions of Section 6-4 or Section 20-20 or 20-25 of the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act, or of a foreign will in accordance with the provisions of Article VII of this Act, any interested person may file a petition in the proceeding for the administration of the testator's estate or, if no proceeding is pending, in the court in which the will was admitted to probate, to contest the validity of the will.
    (b) The petitioner shall cause a copy of the petition to be mailed or delivered to the representative, to his or her attorney of record, and to each heir and legatee whose name is listed in the petition to admit the will to probate and in any amended petition filed in accordance with Section 6-11, at the address stated in the petition or amended petition. Filing a pleading constitutes a waiver of the mailing or delivery of the notice to the person filing the pleading. Failure to mail or deliver a copy of the petition to an heir or a legatee does not extend the time within which a petition to contest the will may be filed under subsection (a) of this Section or affect the validity of the judgment entered in the proceeding.
    (c) Any contestant or proponent may demand a trial by jury. An issue shall be made whether or not the instrument produced is the will of the testator. The contestant shall in the first instance proceed with proof to establish the invalidity of the will. At the close of the contestant's case, the proponent may present evidence to sustain the will. An authenticated transcript of the testimony of any witness or other party taken at the time of the hearing on the admission of the will to probate, or an affidavit of any witness or other party received as evidence under subsection 6-4(b), paragraphs (c) and (e) of Section 20-20 of the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act, or Section 20-25 of the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act, is admissible in evidence.
    (d) The right to institute or continue a proceeding to contest the validity of a will survives and descends to the heir, legatee, representative, grantee or assignee of the person entitled to institute the proceeding.
    (e) It is the duty of the representative to defend a proceeding to contest the validity of the will. The court may order the representative to defend the proceeding or prosecute an appeal from the judgment. If the representative fails or refuses to do so when ordered by the court, or if there is no representative then acting, the court, upon its motion or on application of any interested person, may appoint a special administrator to defend or appeal in his stead.
    (f) An action to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust to which a legacy is provided by the settlor's will which is admitted to probate shall be commenced within and not after the time to contest the validity of a will as provided in subsection (a) of this Section and Section 13-223 of the Code of Civil Procedure.
    (g) This amendatory Act of 1995 applies to pending cases as well as cases commenced on or after its effective date.
(Source: P.A. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)

    
Notes of Decisions
Cited in 45 cases (12 in the last 5 years), 1995–2026 · leading case: In re Est. of Luccio, 2012 IL App (1st) 121153 (Ill. App. Ct. 2012).
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In re Est. of Luccio, 2012 IL App (1st) 121153 (Ill. App. Ct. 2012). · cites it 7× “19 The language of subsection (f) reads as follows: “An action to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust to which a legacy is provided by the settlor’s will which is admitted to probate shall be commenced within and…”
Bjork v. O'Meara, 2013 IL 114044 (Ill. 2013). · cites it 2× “See 755 ILCS 5/8-1 (West 2008). Alternatively, the section 2-615 portion of the motion alleged that Bjork’s complaint failed to state a cause of action.”
In re Est. of Young, 2020 IL App (2d) 190392 (Ill. App. Ct. 2020). · cites it 2× “15-P-110, filed a will contest (on August 24, 2015) under section 8-1 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/8-1(a) (West 2018) (prescribing six- month limit to file a will contest, after admission of a will to probate)).”
Thinschmidt v. Cartalino, 830 N.E.2d 810 (Ill. App. Ct. 2005). · cites it 4× “Justice QUINN delivered the opinion of the court: Wilma Thinschmidt filed a petition in the circuit court of Cook County pursuant *811 to section 8-1 of the Illinois Probate Act of 1975 (755 ILCS 5/8-1 (West 2002)) to contest the validity of her brother's will.”
In Re Est. of Alfaro, 703 N.E.2d 620 (Ill. App. Ct. 1998). · cites it 3× “On April 11, 1997, the contestants filed a petition to contest the validity of the will (755 ILCS 5/8-1 (West 1996)). The contestants were children and heirs of the deceased who, under the will, would receive little by comparison to the proponents.”
In Re Est. of Mueller, 655 N.E.2d 1040 (Ill. App. Ct. 1995). · cites it 2× “) As such, appellants, Mueller's natural children, are Mueller's heirs at law.”
Morrow v. Pappas, 2017 IL App (3d) 160393 (Ill. App. Ct. 2017). · cites it 2× “755 ILCS 5/8-1 (West 2012). This rule also operates to prohibit the filing of a tort claim like the one filed by the plaintiffs, unless the plaintiffs can demonstrate that the probate proceedings were not available to them due to the tortious conduct of the defendants and that…”
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “¶ 48 Section 8-1(e) of the Act (755 ILCS 5/8-1(e) (West 2010)) authorizes appointment of a special administrator to defend a proceeding to contest the validity of a will or prosecute an appeal from a judgment in a will contest case if the decedent’s representative fails or…”
In re Est. of John Schumann, 2016 IL App (4th) 150844 (Ill. App. Ct. 2016). · cites it 2× “The Probate Act defines an “interested person” as the following: “one who has or represents a financial interest, property right or fi- duciary status at the time of reference which may be affected by the action, power or proceeding involved, including without limita- tion an…”
In re Est. of John Schumann, 2016 IL App (4th) 150844 (Ill. App. Ct. 2017). · cites it 2× “The Probate Act defines an “interested person” as the following: “one who has or represents a financial interest, property right or fiduciary status at the time of reference which may be affected by the action, power or proceeding involved, including without limitation an heir,…”
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “¶ 48 Section 8-1(e) of the Act (755 ILCS 5/8-1(e) (West 2010)) authorizes appointment of a special administrator to defend a proceeding to contest the validity of a will or prosecute an appeal from a judgment in a will contest case if the decedent’s representative fails or…”
Ralph v. Pryor (In Re Est. of Pryor), 2017 IL App (3d) 170023 (Ill. App. Ct. 2017). · cites it 3× “755 ILCS 5/8-1(e) (West 2014). In paragraph *774 *10 13 of her motion, petitioner stated as follows: "In this case, the actual Will is not being contested; rather, the Petitioner/Plaintiff seeks to have the court validate the Trust document that will become the instrument used…”
Show all 45 citing cases →
— 755 ILCS 5/8-1(a) — 23 cases
In re Est. of Young, 2020 IL App (2d) 190392 (Ill. App. Ct. 2020). “15-P-110, filed a will contest (on August 24, 2015) under section 8-1 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/8-1(a) (West 2018) (prescribing six- month limit to file a will contest, after admission of a will to probate)).”
In re Est. of Luccio, 2012 IL App (1st) 121153 (Ill. App. Ct. 2012). “19 The language of subsection (f) reads as follows: “An action to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust to which a legacy is provided by the settlor’s will which is admitted to probate shall be commenced within and…”
Thinschmidt v. Cartalino, 830 N.E.2d 810 (Ill. App. Ct. 2005). “Justice QUINN delivered the opinion of the court: Wilma Thinschmidt filed a petition in the circuit court of Cook County pursuant *811 to section 8-1 of the Illinois Probate Act of 1975 (755 ILCS 5/8-1 (West 2002)) to contest the validity of her brother's will.”
In Re Est. of Alfaro, 703 N.E.2d 620 (Ill. App. Ct. 1998). “On April 11, 1997, the contestants filed a petition to contest the validity of the will (755 ILCS 5/8-1 (West 1996)). The contestants were children and heirs of the deceased who, under the will, would receive little by comparison to the proponents.”
In re Est. of John Schumann, 2016 IL App (4th) 150844 (Ill. App. Ct. 2016). “The Probate Act defines an “interested person” as the following: “one who has or represents a financial interest, property right or fi- duciary status at the time of reference which may be affected by the action, power or proceeding involved, including without limita- tion an…”
— 755 ILCS 5/8-1(b) — 2 cases
In re Est. of John Schumann, 2016 IL App (4th) 150844 (Ill. App. Ct. 2016). “The Probate Act defines an “interested person” as the following: “one who has or represents a financial interest, property right or fi- duciary status at the time of reference which may be affected by the action, power or proceeding involved, including without limita- tion an…”
In re Est. of John Schumann, 2016 IL App (4th) 150844 (Ill. App. Ct. 2017). “The Probate Act defines an “interested person” as the following: “one who has or represents a financial interest, property right or fiduciary status at the time of reference which may be affected by the action, power or proceeding involved, including without limitation an heir,…”
— 755 ILCS 5/8-1(c) — 2 cases
In Re Est. of Alfaro, 703 N.E.2d 620 (Ill. App. Ct. 1998). “On April 11, 1997, the contestants filed a petition to contest the validity of the will (755 ILCS 5/8-1 (West 1996)). The contestants were children and heirs of the deceased who, under the will, would receive little by comparison to the proponents.”
In re: the Est. of Koester, 2012 IL App (4th) 110879 (Ill. App. Ct. 2012).
— 755 ILCS 5/8-1(d) — 1 case
In Re Est. of Mueller, 655 N.E.2d 1040 (Ill. App. Ct. 1995). “) As such, appellants, Mueller's natural children, are Mueller's heirs at law.”
— 755 ILCS 5/8-1(e) — 3 cases
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “¶ 48 Section 8-1(e) of the Act (755 ILCS 5/8-1(e) (West 2010)) authorizes appointment of a special administrator to defend a proceeding to contest the validity of a will or prosecute an appeal from a judgment in a will contest case if the decedent’s representative fails or…”
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “¶ 48 Section 8-1(e) of the Act (755 ILCS 5/8-1(e) (West 2010)) authorizes appointment of a special administrator to defend a proceeding to contest the validity of a will or prosecute an appeal from a judgment in a will contest case if the decedent’s representative fails or…”
Ralph v. Pryor (In Re Est. of Pryor), 2017 IL App (3d) 170023 (Ill. App. Ct. 2017). “755 ILCS 5/8-1(e) (West 2014). In paragraph *774 *10 13 of her motion, petitioner stated as follows: "In this case, the actual Will is not being contested; rather, the Petitioner/Plaintiff seeks to have the court validate the Trust document that will become the instrument used…”
— 755 ILCS 5/8-1(f) — 3 cases
In re Est. of Luccio, 2012 IL App (1st) 121153 (Ill. App. Ct. 2012). “19 The language of subsection (f) reads as follows: “An action to set aside or contest the validity of a revocable inter vivos trust agreement or declaration of trust to which a legacy is provided by the settlor’s will which is admitted to probate shall be commenced within and…”
In re Est. of Feinberg, 2014 IL App (1st) 112219 (Ill. App. Ct. 2014).
Peterson v. Wallach (Ill. App. Ct. 2000).
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