When a loved one passes away, emotions are already running high. Unfortunately, probate disputes can add more stress during an already difficult time. If a will is challenged or family members disagree about the terms of an estate, the situation can quickly become legally complex.
As estate attorneys, we’ve worked with many families facing contested probate matters, and we understand how important it is to protect your rights while respecting the legacy of the person who passed. If you’re involved in a contested probate case in Illinois, it’s essential to understand what’s at stake—and how the law applies.
Probate is the legal process of settling a deceased person’s estate, including distributing assets, paying debts, and ensuring the wishes in the will are honored. However, if someone believes the will is invalid or was created under questionable circumstances, they may contest it. In Illinois, contested probate is governed by strict legal standards under the Illinois Probate Act (755 ILCS 5/). Whether you are defending a will or challenging one, the court will look closely at the facts and how they align with state law.
A contested probate case occurs when someone formally challenges the validity of a will or raises legal objections about how the estate is being administered. These cases often involve claims of undue influence, lack of testamentary capacity, or improper execution of the will.
Under 755 ILCS 5/8-1, a person may contest a will within six months after the will is admitted to probate. Common grounds for a will contest include:
Not just anyone can challenge a will. Under Illinois law, only those who would benefit financially if the will were declared invalid—known as “interested persons”—have legal standing. This typically includes heirs-at-law, beneficiaries under previous wills, or those who would inherit under Illinois intestacy laws (755 ILCS 5/2-1).
Contesting a will is not just a family disagreement—it is a formal legal proceeding that can delay the administration of the estate and impact asset distribution. The court may appoint a guardian ad litem for minors or others with a legal interest. If the will is found invalid, the estate may be distributed according to a prior valid will or Illinois intestacy statutes. This process can also create personal and financial strain on the parties involved.
Because these cases involve court filings, evidence, and procedural deadlines, working with attorneys who handle contested probate cases is essential.
We represent clients on both sides of probate disputes. If you’re seeking to defend a will, we review its validity, gather supporting evidence, and represent your interests in court. If you’re challenging a will, we evaluate the legal grounds for your claim and work to protect your inheritance rights. In either case, we aim to resolve disputes efficiently while honoring the wishes of the deceased and upholding Illinois probate law.
Under 755 ILCS 5/8-1, a will contest must be filed within six months after the will is admitted to probate. If you miss this deadline, you may lose the right to challenge the will.
Yes. Handwritten wills, also known as holographic wills, are not valid in Illinois unless they meet all statutory requirements, including witness signatures. If a handwritten will lacks proper execution, it may be challenged.
If the court declares a will invalid, the estate is distributed according to a prior valid will. If none exists, distribution follows Illinois intestacy laws under 755 ILCS 5/2-1. This typically means the estate passes to the decedent’s closest living relatives.
Yes. Courts can infer undue influence from circumstantial evidence, such as isolation of the decedent, sudden changes in estate planning, or the presence of a beneficiary during the will’s execution. The burden of proof falls on the person challenging the will.
When multiple wills exist, the most recent will that complies with Illinois law is generally upheld. However, prior wills may come into play if the newest will is invalidated for legal reasons.
Yes. Probate disputes can often be resolved through mediation, especially if parties wish to avoid
a lengthy trial. Mediation allows for confidential negotiation and may preserve family relationships.
Illinois courts may enforce no-contest clauses, also known as in terrorem clauses, unless the person challenging the will had probable cause. That means you won’t necessarily lose your inheritance just for raising valid legal concerns.
It can. A contested probate case may delay the distribution of assets, especially if the court orders a temporary freeze on administration. This is often done to preserve estate property until the dispute is resolved.
If you’re facing a contested probate case, you don’t have to face it alone. At Orlowsky & Wilson, we represent clients throughout Chicago in all aspects of Illinois estate litigation, including will contests and probate disputes. Whether you are defending a loved one’s final wishes or protecting your legal rights, we are here to help.
Contact our Lincolnshire contested estates lawyers at Orlowsky & Wilson (847) 325-5559 to schedule a consultation.
