Form Ccp 0303 A - Waiver Of Notice - Court Of Cook County, Illinois Page 2
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2(Rev. 09/06/13) CCP 0303 B
RIGHT OF HEIRS OR LEGATEES (APPLICABLE WHERE DECEDENT LEFT A WILL)
Within 42 days after the effective date of the original order of admission, any heir or legatee may file a petition
with the court to require proof of the will by testimony of the witnesses to the will in open court or other evidence, as
provided in section 6-21 of the Probate Act of 1975. (755 ILCS 5/6-21)
Each heir or legatee also has the right under section 8-1 or 8-2 of the Illinois Probate Act of 1975 (755 ILCS
5/8-1, 8-2) to contest the validity of the will or the denial of admission by filing a petition with the court within six months
after entry of the order admitting or denying the will.
RIGHTS OF INTERESTED PERSONS DURING INDEPENDENT ADMINISTRATION
(APPLICABLE WHERE AN INDEPENDENT REPRESENTATIVE IS APPOINTED)
Independent administration means that the executor or administrator will not have to obtain court orders or file
estate papers in court during probate. The estate will be administered without court supervision unless an interested
person asks the court to become involved.
Under section 28-4 of the Probate Act of 1975 (755 ILCS 5/28-4), any interested person may terminate
independent administration at any time by mailing or delivering a petition to terminate to the clerk of the court.
However, if there is a will which directs independent administration, independent administration will be terminated only
if the court finds there is good cause to require supervised administration; and if the petitioner is a creditor or
nonresiduary legatee, independent administration will be terminated only if the court finds that termination is
necessary to protect the petitioner's interest.
In addition to the right to terminate independent administration, any interested person may petition the court
to hold a hearing and resolve any particular question that may arise during independent administration, even though
supervised administration has not been requested (755 ILCS 5/28-5). The independent representative must mail or
deliver a copy of the estate inventory and accounting to each interested person, and must send notice to or obtain
the approval of each interested person before the estate can be closed (755 ILCS 5/28-6, 28-11). Any interested person
has the right to question or object to any item included in or omitted from any inventory or account or to insist on a full
court accounting of all receipts and disbursements with prior notice, as required in supervised administration
(755 ILCS 5/28-11).
Atty. No. __________________
Atty. Name: __________________________________________________
Firm Name: __________________________________________________
Atty. for: ____________________________________________________
Address: _____________________________________________________
City/State/Zip: ________________________________________________
Telephone: ___________________________________________________
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
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