Illinois Probate Act 755 ILCS 5/6-12: Appointment of Guardian ad Litem

In Chicago, when someone passes away after having executed a will, the executor named in the will must petition the Probate Court to admit the will to probate. Probate is the process during which a will is proved. In other words, the proponent of the will must prove that the will is authentic. If the will is proven and there is no evidence of wrongdoing with respect to the will, then the Probate Court judge will admit it to probate. There are procedural requirements related to probate that must be followed, otherwise there is good chance that probate will be delayed. To learn more about the requirements of probate, including the rules outlined in Illinois Probate Act 755 ILCS 5/6-12, Appointment of guardian ad litem, contact an experienced Chicago probate lawyer at the Law Offices of Stephen Bilkis & Associates.

Under Illinois estate law in order for the Probate Court to enter an order admitting a will to probate, the will must be proven by the 2 attesting witnesses stating that they were present at the time that the testator signed the will and observed the signing, that the will was attested by the witnesses in the presence of the testator, and that the witnesses believed that the testator was of sound mind at the time that he signed the will. The witness statements may be made either in a self-proving will, by affidavit signed by the witnesses at the time of attestation, or by the witnesses testifying in court.

The court will then admit the will to probate unless there is evidence of forgery, undue influence, fraud, or some other improper conduct sufficient enough for the court to conclude that the will is invalid. Interested parties have the right to object to probate. If you are concerned about the validity of a will of a loved one, discuss your concerns with an experienced Chicago probate lawyer.

Once an order is issued admitting the will to probate, or denying probate, the petitioner must send interested parties such as beneficiaries and heirs notice of the order.

A guardian a litem is an attorney appointed by the court to represent the best interests of a child. There are special rules related to minors or people with disabilities who are entitled to receive notice related to a petition to admit or deny a will to probate. The Probate Court may appoint a guardian ad item to protect the interests of the minor or person with a disability, a guardian is necessary to protect such interests. To ensure that the interests of a minor or a person with a disability are properly protected, discuss your concerns with an experienced probate attorney in Chicago.

1. Petition to admit will or to issue letters : Illinois Probate Act, 755 ILCS 5/6-2
2. Who may act as executor: Illinois Probate Act, 755 ILCS 5/6-13
3. Who may act as administrator: Illinois Probate Act, 755 ILCS 5/9-1

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.

If you have questions or concerns related to a minor or disabled person who has an interest in an estate, it is important to contact an attorney with experience. The probate attorneys serving Chicago at the Law Offices of Stephen Bilkis & Associates have extensive experience working closely with executors, estate administrators, guardians, beneficiaries, and heirs in estate matters. If you have concerns related to petitioning the court to admit a will to probate, including the requirements of Illinois Probate Act section 6-12- Appointment of guardian ad litem, contact us at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve clients throughout Chicago.