Bill Amendment: IL SB0730 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ELECTRONIC WILL/REMOTE WITNESS

Status: 2021-07-26 - Public Act . . . . . . . . . 102-0167 [SB0730 Detail]

Download: Illinois-2021-SB0730-Senate_Amendment_001.html

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Sen. Rachelle Crowe

Filed: 3/25/2021

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AMENDMENT TO SENATE BILL 730
AMENDMENT NO. ______. Amend Senate Bill 730 by replacing
everything after the enacting clause with the following:
"Article 1. General Provisions
Section 1-1. Short title. This Act may be cited as the
Electronic Wills and Remote Witnesses Act.
Section 1-5. Purpose. The purpose of this Act is to
provide for: (1) the valid execution, attestation,
self-proving, and probate of electronic wills, paper copies of
electronic wills, and wills attested to by witnesses through
audio-video communication; and (2) the valid execution,
attestation, and witnessing of documents, other than wills,
through audio-video communication.
Section 1-10. Applicability. Any document executed under

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this Act is executed in this State; however, executing a
document under this Act does not automatically confer
jurisdiction in the courts of this State.
Section 1-15. Relation to Probate Act of 1975 and common
law. All electronic wills, paper copies of electronic wills,
and wills attested to under this Act are subject to all
requirements of the Probate Act of 1975 and the common law, but
to the extent the common law or any provision of the Probate
Act of 1975 conflicts with or is modified by this Act, the
requirements of this Act control.
Section 1-20. Definitions. As used in this Act:
"Audio-video communication" means communication by which a
person can hear, see, and communicate with another person in
real time using electronic means. A person's visual or hearing
impairment does not prohibit or limit that person's use of
audio-visual communication under this Act.
"Electronic record" means a record generated,
communicated, received, or stored by electronic means for use
in an information system or for transmission from one
information system to another.
"Electronic signature" means a signature in electronic
form that uses a security procedure under the Electronic
Commerce Security Act and attached to or logically associated
with an electronic record.

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"Electronic will" is a will that is created and maintained
as a tamper-evident electronic record.
"Identity proofing" means a process or service through
which a third person affirms the identity of an individual
through a review of personal information from public and
proprietary data sources, including: (1) by means of dynamic
knowledge-based authentication, including a review of personal
information from public or proprietary data sources; or (2) by
means of an analysis of biometric data, including, but not
limited to, facial recognition, voiceprint analysis, or
fingerprint analysis.
"Paper copy" means a tamper-evident electronic record that
is printed and contains the following: (1) the text of the
document; (2) the electronic signature of the signer; (3) a
readable copy of the evidence of any changes displayed in the
electronic record; and (4) any exhibits, attestation clauses,
affidavits, or other items forming a part of the document or
contained in the electronic record.
"Paper document" means a document that is written or
printed on paper.
"Physical presence" means being in the same physical
location as another person and close enough to see and know the
other person is signing a document.
"Presence" includes: (1) physical presence; or (2) being
in a different physical location from another person, but
able, using audio-video communication, to know the person is

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signing a document in real time.
"Remote witness" means a person attesting to a document
who is in the presence of the signer or testator through
audio-video communication.
"Rule of law" means any statute, ordinance, common law
rule, court decision, or other rule of law enacted,
established, or promulgated by this State or any agency,
commission, department, court, other authority, or political
subdivision of this State.
"Signature" includes an electronic signature and an ink
signature.
"Tamper-evident" means a feature of an electronic record
by which any change to the electronic record is displayed.
Article 5. Electronic Wills
Section 5-5. Signing electronic wills.
(a) To be valid under this Act, an electronic will shall be
executed by the testator or by some person in the testator's
presence and at the testator's direction, and attested to in
the testator's presence by 2 or more credible witnesses.
(b) The testator may sign the electronic will with the
testator's electronic signature or may direct another person
in the presence of the testator to sign the electronic will. A
person signing at the testator's direction shall not be an
attesting witness, a person receiving a beneficial legacy or

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interest under the will, or the spouse or child of a person
receiving a beneficial legacy or interest under the will.
(c) Each witness shall sign the electronic will with an
electronic signature in the presence of the testator after
seeing the testator sign, seeing the testator direct another
person in the testator's presence to sign, or seeing the
testator acknowledge the signature as the testator's act.
(d) If the will is attested to by a remote witness, the
requirements for an attestation by a remote witness under
Section 15-10 also apply.
Section 5-10. Revocation.
(a) An electronic will may be revoked in the following
ways:
(1) execution of a later will declaring the
revocation;
(2) execution of a later will to the extent that it is
inconsistent with the prior will; or
(3) execution of a written instrument by the testator
declaring the revocation.
(b) If there is evidence that a testator signed an
electronic will and neither an electronic will nor a certified
paper copy of the electronic will can be located after a
testator's death, there is a presumption that the testator
revoked the electronic will even if no instrument or later
will revoking the electronic will can be located.

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Section 5-15. Digital assets and electronic commerce.
(a) At any time during the administration of the estate
without further notice or, if there is no grant of
administration, upon such notice and in such a manner as the
court directs, the court may issue an order under the Revised
Uniform Fiduciary Access to Digital Assets Act (2015) for a
custodian of an account held under a terms-of-service
agreement to disclose digital assets for the purposes of
obtaining an electronic will from a deceased user's account.
If there is no grant of administration at the time the court
issues the order, the court's order shall grant disclosure to
the petitioner who is deemed a personal representative under
the Revised Uniform Fiduciary Access to Digital Assets Act
(2015).
(b) Except as specified in this Act, the Electronic
Commerce Security Act does not apply to the execution or
revocation of an electronic will.
Article 10. Certified Paper Copies
Section 10-5. Certified paper copy. Where a rule of law
requires information to be presented or retained in its
original form, or provides consequences for the information
not being presented or retained in its original form, that
rule of law is satisfied by a certified paper copy of the

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electronic record.
Section 10-10. Creation of a certified paper copy.
(a) A certified paper copy is a paper copy of an electronic
record that has been certified by the person who converts the
electronic record to a paper copy.
(b) The person certifying a paper copy shall state the
following:
(1) the date that the person prepared the paper copy;
(2) the name of the person who prepared the paper
copy;
(3) the date that the person who prepared the paper
copy came into possession of the electronic record;
(4) a description of how the person who prepared the
paper copy came into possession of the electronic record;
(5) confirmation that the paper copy is a complete and
correct copy of the electronic record; and
(6) confirmation that the electronic record is a
tamper-evident electronic record.
(c) The statements by a person who prepares a certified
paper copy shall be made by:
(1) testimony before the court;
(2) a written statement certified under Section 1-109
of the Code of Civil Procedure attached to the paper copy;
or
(3) an affidavit attached to the paper copy.

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(d) A certified paper copy of a tamper-evident electronic
record, other than an electronic will, may be created any time
after the signer signs the electronic record under the
Electronic Commerce Security Act.
(e) A certified paper copy of an electronic will may be
created any time after the testator signs the electronic will
or directs another person in the testator's presence to sign
the electronic will.
Section 10-15. Witnessing a certified paper copy.
(a) A certified paper copy of an electronic record may be
witnessed after it is prepared. The witness shall be in the
signer's presence when the signer acknowledges the electronic
signature as the signer's act.
(b) If an electronic will is not attested to by 2 or more
credible witnesses, a certified paper copy of the electronic
will may be attested to by witnesses in the testator's
presence after the testator acknowledges the electronic
signature as the testator's act.
Article 15. Remote Witnesses
Section 15-5. Remote witness for document other than a
will.
(a) A person may witness any document, other than a will,
using audio-video communication between the individual signing

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the document and the witness. The signatures may be contained
in a single document or the document may be signed in
counterparts. The counterparts of a document may be electronic
records, paper copies, or any combination thereof.
(b) During the audio-video communication:
(1) the witness shall determine the identity of the
signer;
(2) the signer of the document shall sign the
document; if the document is an electronic record, it
shall be a tamper-evident electronic record; and
(3) the witness shall sign the document previously
signed or acknowledged by the signer, or if signed in
counterparts, a separate witness's signature page of the
document.
(c) If the witness is signing a document in counterparts,
then the witness's signed signature page or a copy of the same
shall be attached to the document within 10 business days of
the signing and before the signer's death or incapacity. The
document becomes effective when the witness's signed signature
page or a copy of the same is attached to the document.
Section 15-10. Remote attestation for will.
(a) To be valid under this Act, a will attested to through
audio-video communication shall designate this State as its
place of execution, be signed by the testator or by some person
at the testator's direction and in the testator's presence,

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and be attested to in the presence of the testator by 2 or more
credible witnesses who are located in the United States at the
time of the attestation.
(b) The will being attested to by audio-video
communication may be an electronic will, a paper copy of an
electronic will, or a paper document. An electronic will being
attested to shall be a single document containing all the
signature pages, attestation clauses, and affidavits forming a
part of the will. A will that is a paper copy of an electronic
will or a paper document may have separate signature pages,
attestation clauses, or affidavits that are electronic records
or paper documents. Separate signature pages, attestation
clauses, or affidavits may be distributed to the witness
before the audio-video communication.
(c) The testator shall sign the will or direct a person in
the testator's presence to sign. A person signing at the
testator's direction shall not be an attesting witness, a
person receiving a beneficial legacy or interest under the
will, or the spouse or child of a person receiving a beneficial
legacy or interest under the will.
(d) During an audio-video communication:
(1) the witness shall determine the testator's
identity;
(2) the testator shall sign the will, direct another
person in the testator's presence to sign the will, or
acknowledge the signature as the testator's act; and

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(3) the witness shall attest to the will in the
testator's presence.
(e) If the will consists of separate signature pages,
attestation clauses, or affidavits forming a part of the will,
the testator or a person appointed by the testator shall
attach the witness's signed signature page, attestation
clause, or affidavit forming a part of the will or a copy of
the same to the paper document containing the testator's
signature or a paper copy of the electronic will within 10
business days of the attestation.
Section 15-15. Determining a signer's or testator's
identity. A witness shall determine a signer's or testator's
identity by one or more of the following methods:
(1) personal knowledge;
(2) a government-issued identification;
(3) another form of identification that includes a
photograph of the holder; or
(4) identity proofing.
Article 20. Admission of Wills to Probate
Section 20-5. Electronic will. In addition to the
requirements of Section 6-2 of the Probate Act of 1975, the
petitioner shall state in the petition to have an electronic
will admitted to probate that the electronic will is a

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tamper-evident electronic record and it has not been altered
apart from the electronic signatures and other information
that arises in the normal course of communication, storage,
and display.
Section 20-10. Admission of paper copy of electronic will.
Before being admitted to probate, a paper copy of an
electronic will shall be:
(1) certified under Section 10-10; or
(2) supported by sufficient evidence to overcome the
presumption under subsection (b) of Section 5-10 that the
testator revoked the electronic will.
Section 20-15. Admission of wills attested to by witnesses
who are physically present. An electronic will or paper copy
of an electronic will attested to by witnesses who are all in
the testator's physical presence at the time of attestation
shall be sufficiently proved under Section 6-4 of the Probate
Act of 1975 to be admitted to probate.
Section 20-20. Admission of wills attested to by a remote
witness.
(a) A will, other than a will signed under Section 95-20 of
the Electronic Commerce Security Act, attested to by one or
more remote witnesses is sufficiently proved to be admitted to
probate when each of at least 2 of the attesting witnesses make

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the statements described in subsection (b), and if the
testator appointed a person to attach any separate signature
pages, attestation clauses, or affidavits forming a part of a
paper copy of an electronic will or paper document, each
appointed person, other than the testator, makes the
statements described in subsection (d).
(b) Each attesting witness shall state that:
(1) the attesting witness was present and saw the
testator or some person in the testator's presence and by
the testator's direction sign the will in the presence of
the witness or the testator acknowledged it to the witness
as the testator's act;
(2) the will was attested to by the witness in the
presence of the testator;
(3) the witness believed the testator to be of sound
mind and memory at the time of signing or acknowledging
the will; and
(4) if the attesting witness is a remote witness, the
method used to determine the testator's identity.
(c) The statements of an attesting witness under
subsection (b) may be made by:
(1) testimony before the court;
(2) an attestation clause signed by the witness and
attached to the will within 10 business days of the
execution;
(3) an affidavit that is signed by the witness at the

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time of attestation and is attached to the will within 10
business days; or
(4) an affidavit that is signed after the time of
attestation and is attached to an accurate copy of the
will.
(d) Any person appointed by the testator to attach to the
will the witnesses' signed signature pages, attestation
clauses, or affidavits forming a part of the will or copies of
the same shall state:
(1) that the signed signature pages, attestation
clauses, or affidavits forming a part of the will or
copies of the same were attached within 10 business days
of each witness's attestation;
(2) that the person attached the signed signature
pages, attestation clauses, or affidavits forming a part
of the will or copies of the same to the testator's
complete and correct will; and
(3) if the signed signature pages, attestation
clauses, or affidavits forming a part of the will were
signed as electronic records, the statements required to
certify the paper copies of the electronic records under
Section 10-10.
(e) The statements under subsection (d) by any person,
other than the testator, attaching the attesting witnesses
signature pages, attestation clauses, affidavits, or copies of
the same may be made by:

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(1) testimony before the court;
(2) a written statement certified under Section 1-109
of the Code of Civil Procedure that is signed and attached
to the will when attaching the signature pages,
attestation clauses, affidavits of the witnesses, or
copies of the same; or
(3) an affidavit signed at or after the time of
attaching the signature pages, attestation clauses,
affidavits of the witnesses, or copies of the same and
attached to the will or an accurate copy of the will.
Section 20-25. Admission of a will signed under the
Electronic Commerce Security Act. A will attested to by a
remote witness under Section 95-20 of the Electronic Commerce
Security Act is sufficiently proved to be admitted to probate
when each of at least 2 attesting witnesses:
(1) sign an attestation clause or affidavit substantially
complying with the statements required under subsection (a) of
Section 6-4 of the Probate Act of 1975 within 48 hours of the
act of witnessing, and the attestation clause, affidavit, or a
copy of the same is attached to the will signed by the testator
or an accurate copy of the will;
(2) sign an attestation clause or affidavit at or after
the act of witnessing that is attached to the will or an
accurate copy of the will stating the testator and remote
witness to the will substantially complied with Section 95-20

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of the Electronic Commerce Security Act and the remote witness
believed the testator to be of sound mind and memory at the
time of the signing; or
(3) testify in court that the testator and remote witness
substantially complied with Section 95-20 of the Electronic
Commerce Security Act and that the remote witness believed the
testator to be of sound mind and memory at the time of the
signing.
Section 20-30. Evidence of fraud, forgery, compulsion, or
other improper conduct. Nothing in this Article prohibits any
party from introducing evidence of fraud, forgery, compulsion,
or other improper conduct that in the opinion of the court is
deemed sufficient to invalidate the will when being admitted.
The proponent may also introduce any other evidence competent
to establish the validity of a will. If the proponent
establishes the validity of the will by sufficient competent
evidence, it shall be admitted to probate unless there is
proof of fraud, forgery, compulsion, or other improper conduct
that in the opinion of the court is deemed sufficient to
invalidate the will.
Section 20-35. Formal proof of will with remote witness
under Section 20-20. If a will has been admitted to probate
under Section 20-20 before notice, any person entitled to
notice under Section 6-10 of the Probate Act of 1975 may file a

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petition within 42 days after the effective date of the
original order admitting the will to probate to require proof
of the will, pursuant to this Section. The court shall set the
matter for hearing upon such notice to interested persons as
the court directs. At the hearing, the proponent shall
establish the will by testimony of the relevant parties as
provided in paragraph (1) of subsection (c) of Section 10-10,
paragraph (1) of subsection (c) of Section 20-20, or paragraph
(1) of subsection (e) of Section 20-20 or deposition of the
relevant parties following the procedures in Section 6-5 of
the Probate Act of 1975 or other evidence as provided in the
Probate Act of 1975, but not as provided by paragraph (2) or
(3) of subsection (c) of Section 10-10, paragraph (2) or (3) of
subsection (c) of Section 20-20, or paragraph (2) or (3) of
subsection (e) of Section 20-20, as if the will had not
originally been admitted to probate. If the proponent
establishes the will by sufficient competent evidence, the
original order admitting it to probate and the original order
appointing the representative shall be confirmed and effective
as to all persons, including creditors, as of the dates of
their entries, unless there is proof of fraud, forgery,
compulsion, or other improper conduct that in the opinion of
the court is sufficient to invalidate or destroy the will. The
time for filing a petition to contest a will under Section 8-1
of the Probate Act of 1975 is not extended by the filing of the
petition under this Section if the order admitting the will to

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probate is confirmed, but if that order is vacated, the time
for filing the petition under Section 8-2 of the Probate Act of
1975 runs from the date of vacation of the order admitting the
will to probate.
Section 20-40. Formal proof of an electronic will. If a
petition is filed for proof of an electronic will under
Section 6-21 of the Probate Act of 1975 or Section 20-35 of
this Act, the Court shall determine whether the electronic
will is a tamper-evident electronic record and has not been
altered apart from the electronic signatures and other
information that arises in the normal course of communication,
storage, and display.
Section 20-45. Formal proof of will witnessed under the
Electronic Commerce Security Act. Testimony or other evidence
at a hearing for formal proof of a will under Section 6-21 of
the Probate of 1975 by a remote witness who witnessed the will
under Section 95-20 of the Electronic Commerce Security Act
shall establish the testator and remote witness substantially
complied with the requirements of Section 95-20 of the
Electronic Commerce Security Act and the remote witness
believed the testator to be of sound mind and memory at the
time of the signing. Formal proof of a will signed under
Section 95-20 of the Electronic Commerce Security Act does not
require testimony or other evidence that the remote witness

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attested to the will in the presence of the testator.
Testimony by the remote witness that conflicts with a
statement in the attestation clause or affidavit that the
remote witness attested to the will in the presence of the
testator does not affect proof of the will or the credibility
of the remote witness.
Article 95. Amendatory Provisions
Section 95-5. The Electronic Commerce Security Act is
amended by changing Sections 5-115, 5-120, 5-125, and 10-130
as follows:
(5 ILCS 175/5-115)
Sec. 5-115. Electronic records.
(a) Where a rule of law requires information to be
"written" or "in writing", or provides for certain
consequences if it is not, an electronic record satisfies that
rule of law.
(b) The provisions of this Section shall not apply:
(1) when its application would involve a construction
of a rule of law that is clearly inconsistent with the
manifest intent of the lawmaking body or repugnant to the
context of the same rule of law, provided that the mere
requirement that information be "in writing", "written",
or "printed" shall not by itself be sufficient to

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establish such intent;
(2) to any rule of law governing the creation or
execution of a will or trust; and
(3) to any record that serves as a unique and
transferable instrument of rights and obligations under
the Uniform Commercial Code including, without limitation,
negotiable instruments and other instruments of title
wherein possession of the instrument is deemed to confer
title, unless an electronic version of such record is
created, stored, and transferred in a manner that allows
for the existence of only one unique, identifiable, and
unalterable original with the functional attributes of an
equivalent physical instrument, that can be possessed by
only one person, and which cannot be copied except in a
form that is readily identifiable as a copy.
(Source: P.A. 101-163, eff. 1-1-20.)
(5 ILCS 175/5-120)
Sec. 5-120. Electronic signatures.
(a) Where a rule of law requires a signature, or provides
for certain consequences if a document is not signed, an
electronic signature satisfies that rule of law.
(a-5) In the course of exercising any permitting,
licensing, or other regulatory function, a municipality may
accept, but shall not require, documents with an electronic
signature, including, but not limited to, the technical

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submissions of a design professional with an electronic
signature.
(b) An electronic signature may be proved in any manner,
including by showing that a procedure existed by which a party
must of necessity have executed a symbol or security procedure
for the purpose of verifying that an electronic record is that
of such party in order to proceed further with a transaction.
(c) The provisions of this Section shall not apply:
(1) when its application would involve a construction
of a rule of law that is clearly inconsistent with the
manifest intent of the lawmaking body or repugnant to the
context of the same rule of law, provided that the mere
requirement of a "signature" or that a record be "signed"
shall not by itself be sufficient to establish such
intent;
(2) to any rule of law governing the creation or
execution of a will or trust; and
(3) to any record that serves as a unique and
transferable instrument of rights and obligations under
the Uniform Commercial Code including, without limitation,
negotiable instruments and other instruments of title
wherein possession of the instrument is deemed to confer
title, unless an electronic version of such record is
created, stored, and transferred in a manner that allows
for the existence of only one unique, identifiable, and
unalterable original with the functional attributes of an

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equivalent physical instrument, that can be possessed by
only one person, and which cannot be copied except in a
form that is readily identifiable as a copy.
(Source: P.A. 101-163, eff. 1-1-20.)
(5 ILCS 175/5-125)
Sec. 5-125. Original.
(a) Where a rule of law requires information to be
presented or retained in its original form, or provides
consequences for the information not being presented or
retained in its original form, that rule of law is satisfied by
an electronic record if there exists reliable assurance as to
the integrity of the information from the time when it was
first generated in its final form, as an electronic record or
otherwise.
(b) The criteria for assessing integrity shall be whether
the information has remained complete and unaltered, apart
from the addition of any endorsement or other information that
arises in the normal course of communication, storage and
display. The standard of reliability required to ensure that
information has remained complete and unaltered shall be
assessed in the light of the purpose for which the information
was generated and in the light of all the relevant
circumstances.
(c) The provisions of this Section do not apply to any
record that serves as a unique and transferable instrument of

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rights and obligations under the Uniform Commercial Code
including, without limitation, negotiable instruments and
other instruments of title wherein possession of the
instrument is deemed to confer title, unless an electronic
version of such record is created, stored, and transferred in
a manner that allows for the existence of only one unique,
identifiable, and unalterable original with the functional
attributes of an equivalent physical instrument, that can be
possessed by only one person, and which cannot be copied
except in a form that is readily identifiable as a copy.
(Source: P.A. 90-759, eff. 7-1-99.)
(5 ILCS 175/10-130)
Sec. 10-130. Attribution of signature.
(a) Except as provided by another applicable rule of law,
a secure electronic signature is attributable to the person to
whom it correlates, whether or not authorized, if:
(1) the electronic signature resulted from acts of a
person that obtained the signature device or other
information necessary to create the signature from a
source under the control of the alleged signer, creating
the appearance that it came from that party;
(2) the access or use occurred under circumstances
constituting a failure to exercise reasonable care by the
alleged signer; and
(3) the relying party relied reasonably and in good

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faith to its detriment on the apparent source of the
electronic record.
(b) The provisions of this Section shall not apply to
transactions and documents intended primarily for personal,
family, or household use, or otherwise defined as consumer
transactions by applicable law including, but not limited to,
credit card and automated teller machine transactions except
to the extent allowed by applicable consumer law, trust
agreements, powers of attorney for property or health care,
beneficiary designation forms, and deeds transferring
residential real property.
(Source: P.A. 90-759, eff. 7-1-99.)
Section 95-10. The Probate Act of 1975 is amended by
changing Sections 1-2.18, 6-5, 6-6, 8-1, and 8-2 and by adding
Sections 1-2.25 and 1-2.26 as follows:
(755 ILCS 5/1-2.18) (from Ch. 110 1/2, par. 1-2.18)
Sec. 1-2.18. "Will" includes electronic will, certified
paper copy of an electronic will, testament and codicil.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.25 new)
Sec. 1-2.25. Where this Act requires information to be
"written" or "in writing", or provides for certain
consequences if it is not, an electronic record under the

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Electronic Wills and Remote Witnesses Act satisfies the
provisions of this Act.
(755 ILCS 5/1-2.26 new)
Sec. 1-2.26. "In the presence of" and any variation
thereof includes:
(1) being in the same physical location as another person
and close enough to see and know the other person is signing a
document; or
(2) being in a different physical location from another
person, but able, using electronic means, to see, hear,
communicate, and know that the person is signing a document in
real time.
(755 ILCS 5/6-5) (from Ch. 110 1/2, par. 6-5)
Sec. 6-5. Deposition of witness.) When a witness to a will
or other party who shall testify to have a will admitted to
probate resides outside the county in which the will is
offered for probate or is unable to attend court and can be
found and is mentally and physically capable of testifying,
the court, upon the petition of any person seeking probate of
the will and upon such notice of the petition to persons
interested as the court directs, may issue a commission with
the will or a photographic copy thereof attached. The
commission shall be directed to any judge, notary public,
mayor or other chief magistrate of a city or United States

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consul, vice-consul, consular agent, secretary of legation or
commissioned officer in active service of the armed forces of
the United States and shall authorize and require the
authorized person him to cause that witness or other party to
come before the authorized person him at such time and place as
the authorized person he designates and to take the deposition
of the witness or other party on oath or affirmation and upon
all such written interrogatories and cross-interrogatories as
may be enclosed with the commission. With the least possible
delay the person taking the deposition shall certify it, the
commission, and the interrogatories to the court from which
the commission issued. When the deposition of a witness or
other party is so taken and returned to the court, the his
testimony of the witness or other party has the same effect as
if the witness or other party he testified in the court from
which the commission issued. When the commission is issued to
the officer by his official title only and not by name, the
seal of the his office attached to the officer's his
certificate is sufficient evidence of the officer's his
identity and official character.
(Source: P.A. 95-331, eff. 8-21-07.)
(755 ILCS 5/6-6) (from Ch. 110 1/2, par. 6-6)
Sec. 6-6. Proof of handwriting of a deceased or
inaccessible witness or a witness with a disability.)
(a) If a witness to a will or other party who shall testify

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to have a will admitted (1) is dead, (2) is blind, (3) is
mentally or physically incapable of testifying, (4) cannot be
found, (5) is in active service of the armed forces of the
United States or (6) is outside this State, the court may admit
proof of the handwriting of the witness or other party and such
other secondary evidence as is admissible in any court of
record to establish electronic records or written contracts
and may admit the will to probate as though it had been proved
by the testimony of the witness or other party. On motion of
any interested person or on its own motion, the court may
require that the deposition of any such witness or other
party, who can be found, is mentally and physically capable of
testifying and is not in the active service of the armed forces
of the United States outside of the continental United States,
be taken as the best evidence thereof.
(b) As used in this Section, "continental United States"
means the States of the United States and the District of
Columbia.
(Source: P.A. 99-143, eff. 7-27-15.)
(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 and Remote
Witnesses Act, or of a foreign will in accordance with the

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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 judgement 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

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party received as evidence under subsection 6-4(b), paragraphs
(c) and (e) of Section 20-20 of the Electronic Wills and Remote
Witnesses Act, or Section 20-25 of the Electronic Wills 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. 89-364, eff. 8-18-95.)

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(755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2)
Sec. 8-2. Contest of denial of admission of will to
probate.
(a) Within 6 months after the entry of an order denying
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 and Remote Witnesses Act, or of a foreign
will in accordance with the provisions of Article VII of this
Act, any interested person desiring to contest the denial of
admission may file a petition to admit the will to probate in
the proceeding for the administration of the decedent's estate
or, if no proceeding is pending, in the court which denied
admission of the will to probate. The petition must state the
facts required to be stated in Section 6-2 or 6-20, whichever
is applicable.
(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 legatee does
not extend the time within which a petition to admit the will

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to probate may be filed under subsection (a) of Section 8-1 or
affect the validity of the judgment entered in the proceeding.
(c) Any proponent or contestant may demand a trial by
jury. An issue shall be made whether or not the instrument
produced is the will of the testator. The proponent shall in
the first instance proceed with proof to establish the
validity of the will and may introduce any evidence competent
to establish a will. Any interested person may oppose the
petition and may introduce any evidence admissible in a will
contest under Section 8-1. At the close of the contestant's
case, the proponent may present further evidence to sustain
the will.
(d) The right to institute or continue a proceeding to
contest the denial of admission of a will to probate survives
and descends to the heir, legatee, representative, grantee or
assignee of the person entitled to institute the proceeding.
(e) The court may order the representative to defend a
proceeding to probate the will 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 do
so in his stead.
(f) A person named as executor in a will that has been
denied admission to probate has no duty to file or support a
petition under Section 8-2.

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(g) This amendatory Act of 1995 applies to pending cases
as well as cases commenced on or after its effective date.
(Source: P.A. 89-364, eff. 8-18-95.)
Article 99. Effective Date
Section 99-99. Effective date. This Act takes effect upon
becoming law.".