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Understanding Contested Wills in Illinois

Tinley Park contested estate attorneyWhen someone dies and leaves a will, that will is probably going to end up going through probate, the legal process of proving, settling, and finalizing the will. The vast majority of wills go through probate without incident, but every once in a while, a will is contested for its validity. Typically, the person who is contesting the will is unhappy with the will in some way and attempts to have the will thrown out. 

Who Can Contest a Will?

In Illinois, a person must have “standing” to contest a will, meaning that they must be affected in some way by the will. The person must have a direct, financial, and existing interest that would be negatively affected if the will were to be accepted by the court.

According to the Illinois Probate Act, those wishing to contest a will must file a petition with the court within six months of the will being admitted to probate in order to have their petition heard. Any petitions filed after the six-month period will not be considered.

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