Illinois Probate Act 755 ILCS 5/6-11: Omitted or Unnotified Heir or Legatee

Probate is a legal process that is required when someone passes away testate. Testate means that the decedent left a will. The decedent’s will is submitted to the appropriate Illinois Probate Court—typically by the executor named in the will. Evidence must be submitted showing that the will is authentic. In some cases the will is self-proving, while in other cases it is necessary to submit affidavits from the witnesses or for the witnesses to testify in court. After the court issues an order admitting the will to probate, or refusing to admit the will to probate, section 6-10 of the Illinois Probate Act, Notice – waiver, requires that notices be sent to certain interested parties. To learn more about the notice requirements and other procedure requirements related to probate and administration, contact an experienced Chicago probate lawyer at the Law Offices of Stephen Bilkis & Associates.

After an order admitting a will to probate or denying probate has been issued by a Chicago area Probate Court, the petitioner must send a copy of the order to each of the testator’s heirs and legatees whose names and addresses are listed in the petition. If the name or post office address of any heir or legatee is not stated in the petition, the petitioner must publish a notice once a week for 3 successive weeks. The petitioner must mail the order not more than 14 days after the entry of the order. If publication is necessary, the first publication must be not more than 14 days after entry of the order. If you are a petitioner required to send a notice, it is important that you follow the procedures described in the Probate Act. For more information, contact an experienced probate attorney in Chicago.

There are exceptions to this general rule. A copy does not need to mailed or a published for anyone who attended the hearing, anyone who is not designated in the petition as a minor or person with a disability, or anyone how filed a waiver of notice.

For a variety of reasons, a petitioner may fail to notify an heir or beneficiary as required. The petitioner may have failed to include the person required to be notified in the petition, or the petitioner may have failed to send the person the required notice. If this happens, the petitioner must file an amended petition and include the omitted or unnotified individuals. When filing to amended petition, to ensure that all procedural requirements are followed, contact an experienced Chicago probate attorney. Failure to follow the requirements of the Probate Act may cause delays the administration of the estate and may result in estate litigation.

1. Will to remain with clerk: : Illinois Probate Act, 755 ILCS 5/6-7
2. Failure or refusal to qualify - death, resignation or revocation of letters - non-designation: Illinois Probate Act, 755 ILCS 5/6-9
3. Notice - waiver: Illinois Probate Act, 755 ILCS 5/6-10

(a) If it appears after entry of an order admitting or denying admission of a will to probate that an heir or legatee was omitted from the petition to admit the will to probate or, if included in the petition, that notice to him was not mailed or published as provided in Section 6-10 or 6-20, whichever is applicable, and that no waiver of notice was filed by the omitted or unnotified heir or legatee, an amended petition shall be filed under Section 6-2 or 6-20 which shall include the omitted or unnotified heir or legatee.

(b) If the amended petition is filed under Section 6-2, a copy of the amended petition and the order admitting or denying admission of the will to probate or notice thereof shall be mailed to or published for the omitted or unnotified person as provided in Section 6-10, in the same manner as if the order were entered at the time the amended petition was filed. The original order admitting or denying admission of the will to probate is effective as to the omitted or unnotified person as of the date the amended petition is filed and it is effective as to all other persons, including creditors, as of the date of its entry.

(c) If the amended petition is filed under Section 6-20, notice of the hearing on the amended petition shall be mailed or published, as provided in Section 6-20, to or for the omitted or unnotified person and to all persons included in any prior petition. In the absence of objections by the omitted or unnotified person, evidence received at the hearing on the original petition to admit the will to probate constitutes prima facie proof of the execution of the will at the hearing on the amended petition. An order admitting the will to probate on an amended petition filed under Section 6-20 is effective as to the omitted or unnotified person as of the date of its entry, but the original order admitting the will to probate is effective as to all other persons, including creditors, as of the date of its entry.

The process of admitting a will to probate and the process of administering an estate involves compliance with the procedural requirements of the Illinois Probate Act. Failure to do so can lead to delays in the process and other unwanted complications. The probate lawyers serving Chicago at the Law Offices of Stephen Bilkis & Associates have extensive representing clients before the Illinois Probate Court and understand the procedural requirements. If you have concerns related to the administration of an estate including the requirements of Illinois Probate Act section 6-11- Omitted or unnotified heir or legatee, contact one of our attorneys at 855-454-5529 to schedule a free, no obligation consultation regarding your case. We serve clients throughout Chicago.