IL
Illinois House Bill HB3409

Illinois 2023-2024 Regular Session

Illinois House Bill HB3409 Compare Versions

OldNewDifferences
1-HB3409 EngrossedLRB103 30975 LNS 57566 b HB3409 Engrossed LRB103 30975 LNS 57566 b
2- HB3409 Engrossed LRB103 30975 LNS 57566 b
1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3409 Introduced , by Rep. Randy E. Frese SYNOPSIS AS INTRODUCED: 755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2 Amends the Will Contests Article of the Probate Act of 1975. Provides that persons who stood to inherit under a previous will, including stepchildren, have standing and are entitled to institute a proceeding for the administration of the testator's estate or to contest the denial of admission of a will. Provides that the amendatory Act may be referred to as Karen's Law. LRB103 30975 LNS 57566 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3409 Introduced , by Rep. Randy E. Frese SYNOPSIS AS INTRODUCED: 755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2 755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2 Amends the Will Contests Article of the Probate Act of 1975. Provides that persons who stood to inherit under a previous will, including stepchildren, have standing and are entitled to institute a proceeding for the administration of the testator's estate or to contest the denial of admission of a will. Provides that the amendatory Act may be referred to as Karen's Law. LRB103 30975 LNS 57566 b LRB103 30975 LNS 57566 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3409 Introduced , by Rep. Randy E. Frese SYNOPSIS AS INTRODUCED:
3+755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2 755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2
4+755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1
5+755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2
6+Amends the Will Contests Article of the Probate Act of 1975. Provides that persons who stood to inherit under a previous will, including stepchildren, have standing and are entitled to institute a proceeding for the administration of the testator's estate or to contest the denial of admission of a will. Provides that the amendatory Act may be referred to as Karen's Law.
7+LRB103 30975 LNS 57566 b LRB103 30975 LNS 57566 b
8+ LRB103 30975 LNS 57566 b
9+A BILL FOR
10+HB3409LRB103 30975 LNS 57566 b HB3409 LRB103 30975 LNS 57566 b
11+ HB3409 LRB103 30975 LNS 57566 b
312 1 AN ACT concerning civil law.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 1. This Act may be referred to as Karen's Law.
7-5 Section 5. The Probate Act of 1975 is amended by adding
8-6 Section 8-0.1 as follows:
9-7 (755 ILCS 5/8-0.1 new)
10-8 Sec. 8-0.1. Definition. As used in this Article VIII only,
11-9 "interested person" includes any person who is an interested
12-10 person under Section 1-2.11 or any person or organization
13-11 named as a legatee in a prior will of the decedent whose share
14-12 in the prior will is more than the share the person or
15-13 organization receives under the will being admitted.
16+5 Section 5. The Probate Act of 1975 is amended by changing
17+6 Sections 8-1 and 8-2 as follows:
18+7 (755 ILCS 5/8-1) (from Ch. 110 1/2, par. 8-1)
19+8 Sec. 8-1. Contest of admission of will to probate; notice.
20+9 (a) Within 6 months after the admission to probate of a
21+10 domestic will in accordance with the provisions of Section 6-4
22+11 or Section 20-20 or 20-25 of the Electronic Wills and Remote
23+12 Witnesses Act, or of a foreign will in accordance with the
24+13 provisions of Article VII of this Act, any interested person
25+14 may file a petition in the proceeding for the administration
26+15 of the testator's estate or, if no proceeding is pending, in
27+16 the court in which the will was admitted to probate, to contest
28+17 the validity of the will.
29+18 (b) The petitioner shall cause a copy of the petition to be
30+19 mailed or delivered to the representative, to his or her
31+20 attorney of record, and to each heir and legatee whose name is
32+21 listed in the petition to admit the will to probate and in any
33+22 amended petition filed in accordance with Section 6-11, at the
1634
1735
1836
19- HB3409 Engrossed LRB103 30975 LNS 57566 b
37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3409 Introduced , by Rep. Randy E. Frese SYNOPSIS AS INTRODUCED:
38+755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2 755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1 755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2
39+755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1
40+755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2
41+Amends the Will Contests Article of the Probate Act of 1975. Provides that persons who stood to inherit under a previous will, including stepchildren, have standing and are entitled to institute a proceeding for the administration of the testator's estate or to contest the denial of admission of a will. Provides that the amendatory Act may be referred to as Karen's Law.
42+LRB103 30975 LNS 57566 b LRB103 30975 LNS 57566 b
43+ LRB103 30975 LNS 57566 b
44+A BILL FOR
45+
46+
47+
48+
49+
50+755 ILCS 5/8-1 from Ch. 110 1/2, par. 8-1
51+755 ILCS 5/8-2 from Ch. 110 1/2, par. 8-2
52+
53+
54+
55+ LRB103 30975 LNS 57566 b
56+
57+
58+
59+
60+
61+
62+
63+
64+
65+ HB3409 LRB103 30975 LNS 57566 b
66+
67+
68+HB3409- 2 -LRB103 30975 LNS 57566 b HB3409 - 2 - LRB103 30975 LNS 57566 b
69+ HB3409 - 2 - LRB103 30975 LNS 57566 b
70+1 address stated in the petition or amended petition. Filing a
71+2 pleading constitutes a waiver of the mailing or delivery of
72+3 the notice to the person filing the pleading. Failure to mail
73+4 or deliver a copy of the petition to an heir or a legatee does
74+5 not extend the time within which a petition to contest the will
75+6 may be filed under subsection (a) of this Section or affect the
76+7 validity of the judgement entered in the proceeding.
77+8 (c) Any contestant or proponent may demand a trial by
78+9 jury. An issue shall be made whether or not the instrument
79+10 produced is the will of the testator. The contestant shall in
80+11 the first instance proceed with proof to establish the
81+12 invalidity of the will. At the close of the contestant's case,
82+13 the proponent may present evidence to sustain the will. An
83+14 authenticated transcript of the testimony of any witness or
84+15 other party taken at the time of the hearing on the admission
85+16 of the will to probate, or an affidavit of any witness or other
86+17 party received as evidence under subsection 6-4(b), paragraphs
87+18 (c) and (e) of Section 20-20 of the Electronic Wills and Remote
88+19 Witnesses Act, or Section 20-25 of the Electronic Wills and
89+20 Remote Witnesses Act, is admissible in evidence.
90+21 (d) The right to institute or continue a proceeding to
91+22 contest the validity of a will survives and descends to the
92+23 heir, legatee, representative, grantee or assignee of the
93+24 person entitled to institute the proceeding. Persons who stood
94+25 to inherit under a previous will, including stepchildren, have
95+26 standing and are entitled to institute a proceeding.
96+
97+
98+
99+
100+
101+ HB3409 - 2 - LRB103 30975 LNS 57566 b
102+
103+
104+HB3409- 3 -LRB103 30975 LNS 57566 b HB3409 - 3 - LRB103 30975 LNS 57566 b
105+ HB3409 - 3 - LRB103 30975 LNS 57566 b
106+1 (e) It is the duty of the representative to defend a
107+2 proceeding to contest the validity of the will. The court may
108+3 order the representative to defend the proceeding or prosecute
109+4 an appeal from the judgment. If the representative fails or
110+5 refuses to do so when ordered by the court, or if there is no
111+6 representative then acting, the court, upon its motion or on
112+7 application of any interested person, may appoint a special
113+8 administrator to defend or appeal in his stead.
114+9 (f) An action to set aside or contest the validity of a
115+10 revocable inter vivos trust agreement or declaration of trust
116+11 to which a legacy is provided by the settlor's will which is
117+12 admitted to probate shall be commenced within and not after
118+13 the time to contest the validity of a will as provided in
119+14 subsection (a) of this Section and Section 13-223 of the Code
120+15 of Civil Procedure.
121+16 (g) This amendatory Act of 1995 applies to pending cases
122+17 as well as cases commenced on or after its effective date.
123+18 (Source: P.A. 102-167, eff. 7-26-21.)
124+19 (755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2)
125+20 Sec. 8-2. Contest of denial of admission of will to
126+21 probate.
127+22 (a) Within 6 months after the entry of an order denying
128+23 admission to probate of a domestic will in accordance with the
129+24 provisions of Section 6-4 or Section 20-20 or 20-25 of the
130+25 Electronic Wills and Remote Witnesses Act, or of a foreign
131+
132+
133+
134+
135+
136+ HB3409 - 3 - LRB103 30975 LNS 57566 b
137+
138+
139+HB3409- 4 -LRB103 30975 LNS 57566 b HB3409 - 4 - LRB103 30975 LNS 57566 b
140+ HB3409 - 4 - LRB103 30975 LNS 57566 b
141+1 will in accordance with the provisions of Article VII of this
142+2 Act, any interested person desiring to contest the denial of
143+3 admission may file a petition to admit the will to probate in
144+4 the proceeding for the administration of the decedent's estate
145+5 or, if no proceeding is pending, in the court which denied
146+6 admission of the will to probate. The petition must state the
147+7 facts required to be stated in Section 6-2 or 6-20, whichever
148+8 is applicable.
149+9 (b) The petitioner shall cause a copy of the petition to be
150+10 mailed or delivered to the representative, to his or her
151+11 attorney of record, and to each heir and legatee whose name is
152+12 listed in the petition to admit the will to probate and in any
153+13 amended petition filed in accordance with Section 6-11, at the
154+14 address stated in the petition or amended petition. Filing a
155+15 pleading constitutes a waiver of the mailing or delivery of
156+16 the notice to the person filing the pleading. Failure to mail
157+17 or deliver a copy of the petition to an heir or legatee does
158+18 not extend the time within which a petition to admit the will
159+19 to probate may be filed under subsection (a) of Section 8-1 or
160+20 affect the validity of the judgment entered in the proceeding.
161+21 (c) Any proponent or contestant may demand a trial by
162+22 jury. An issue shall be made whether or not the instrument
163+23 produced is the will of the testator. The proponent shall in
164+24 the first instance proceed with proof to establish the
165+25 validity of the will and may introduce any evidence competent
166+26 to establish a will. Any interested person may oppose the
167+
168+
169+
170+
171+
172+ HB3409 - 4 - LRB103 30975 LNS 57566 b
173+
174+
175+HB3409- 5 -LRB103 30975 LNS 57566 b HB3409 - 5 - LRB103 30975 LNS 57566 b
176+ HB3409 - 5 - LRB103 30975 LNS 57566 b
177+1 petition and may introduce any evidence admissible in a will
178+2 contest under Section 8-1. At the close of the contestant's
179+3 case, the proponent may present further evidence to sustain
180+4 the will.
181+5 (d) The right to institute or continue a proceeding to
182+6 contest the denial of admission of a will to probate survives
183+7 and descends to the heir, legatee, representative, grantee or
184+8 assignee of the person entitled to institute the proceeding.
185+9 Persons who stood to inherit under a previous will, including
186+10 stepchildren, have standing and are entitled to institute a
187+11 proceeding.
188+12 (e) The court may order the representative to defend a
189+13 proceeding to probate the will or prosecute an appeal from the
190+14 judgment. If the representative fails or refuses to do so when
191+15 ordered by the court, or if there is no representative then
192+16 acting, the court, upon its motion or on application of any
193+17 interested person, may appoint a special administrator to do
194+18 so in his stead.
195+19 (f) A person named as executor in a will that has been
196+20 denied admission to probate has no duty to file or support a
197+21 petition under Section 8-2.
198+22 (g) This amendatory Act of 1995 applies to pending cases
199+23 as well as cases commenced on or after its effective date.
200+24 (Source: P.A. 102-167, eff. 7-26-21.)
201+
202+
203+
204+
205+
206+ HB3409 - 5 - LRB103 30975 LNS 57566 b