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Rule 108.Explanation of Rights of Heirs and Legatees When Will Admitted or Denied Probate

Article II. Rules on Civil Proceedings in the Trial Court · Part A. Process and Notice · Last amended 2018 · Last verified July 20, 2026

In one sentenceRule 108 requires heirs and legatees to receive a plain explanation of their rights whenever a will is admitted to or denied probate.

Full Text of Ill. S. Ct. R. 108

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(a) Wills Originally Proved. When a will is admitted or denied admission to probate under section 6-4 or section 7-4 of the Probate Act of 1975, as amended, the information mailed to each heir and legatee under section 6-10 shall include an explanation of the rights of interested persons prepared by utilizing, or substantially adopting the appearance and content of, Form 1 or Form 2 provided in the Article II Forms Appendix. (Form 1 should be used when the will is admitted to probate and Form 2 when probate is denied.)
When a will is admitted or denied admission to probate under section 6-4 or section 7-4 of the Probate Act of 1975, as amended, and where notice under section 6-10 is given by publication, such notice shall be prepared by utilizing, or substantially adopting the appearance and content of, Form 3 or Form 4 provided in the Article II Forms Appendix. (Form 3 should be used when the will is admitted to probate and Form 4 when probate is denied.)
(b) Foreign Wills Proved by Copy. When a will is admitted or denied admission to probate under section 7-3 of the Probate Act of 1975, as amended (“Proof of foreign will by copy”), the information mailed to each heir and legatee under section 6-10 of the Probate Act of 1975, as amended, shall include an explanation of the rights of interested persons prepared by utilizing, or substantially adopting the appearance and content of, Form 1 or Form 2 provided in the Article II Forms Appendix. (Form 1 should be used when the will is admitted to probate and Form 2 when probate is denied.)
When a will is admitted or denied admission to probate under section 7-3 of the Probate Act of 1975, as amended (“Proof of foreign will by copy”), and where notice under section 6-10 is given by publication, such notice shall be prepared by utilizing, or substantially adopting the appearance and content of, Form 3 or Form 4 provided in the Article II Forms Appendix. (Form 3 should be used when the will is admitted to probate and Form 4 when probate is denied.)
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Plain-English Summary

When a probate court admits a will or refuses to admit it, Rule 108 requires that the notice mailed to heirs and legatees include a clear explanation of what rights they have as interested persons, using standard forms from the Article II Forms Appendix. Which form applies depends on whether the will was admitted or denied, and the same distinction carries through to notices sent by publication when mailing is not used.

The rule also covers foreign wills proved by copy, cases where a will executed outside Illinois is admitted here based on a copy rather than the original. Heirs and legatees in those cases get the same kind of rights explanation, whether the notice goes out by mail or publication.

Frequently Asked Questions

What does Rule 108 require when a court decides whether to admit a will to probate?
It requires that the notice sent to heirs and legatees include a standard explanation of their rights as interested persons in the case, using a form from the Article II Forms Appendix.
Does the required explanation differ depending on whether the will is admitted or denied?
Yes, Illinois uses separate forms for each outcome, one when the will is admitted and another when probate is denied.
What is a foreign will proved by copy?
It is a will executed outside Illinois that a court admits to probate here based on a copy of the document rather than the original, under section 7-3 of the Probate Act.
Does this rule apply when notice is given by publication instead of mail?
Yes. Rule 108 requires a rights explanation whether the notice goes out by mail or by publication, though the specific forms differ.
Who receives this rights explanation?
Heirs and legatees who are entitled to notice under section 6-10 of the Probate Act when a will is admitted to or denied probate.

Committee Comments

(February 1980)
This rule was adopted pursuant to amended section 6-10(a) of the Probate Act of 1975, effective January 1, 1980. The first blank in forms 3 and 4 is for the names of heirs and legatees whose addresses are unknown and for insertion of “unknown heirs” if unknown heirs are referred to in the petition.

Amendment History

Adopted February 1, 1980, effective March 1, 1980; amended August 9, 1983, effective October 1, 1983; amended April 1, 1992, effective August 1, 1992; amended May 30, 2008, effective immediately; amended Dec. 29, 2017, eff. Jan. 1, 2018.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source
Also known as: heirs rights probate illinoiswill admitted to probate noticelegatee notice requirementsforeign will proved by copyprobate notice explanation of rights