(755 ILCS 5/6-11) (from Ch. 110 1/2, par. 6-11)
Sec. 6-11.
Omitted or unnotified heir or legatee.) (a) If
it appears after entry of an order admitting or denying admission of a will
to probate that an heir or legatee was omitted from the petition to admit
the will to probate or, if included in the petition, that notice to him
was not mailed or published as provided in Section 6-10 or 6-20, whichever
is applicable, and that no waiver of notice was filed by the omitted or
unnotified heir or legatee, an amended petition shall be filed under Section
6-2 or 6-20 which shall include the omitted or unnotified heir or legatee.
(b) If the amended petition is filed under Section 6-2, a copy of the
amended petition and the order admitting or denying admission of the will
to probate or notice thereof shall be mailed to or published for the omitted
or unnotified person as provided in Section 6-10, in the same manner as
if the order were entered at the time the amended petition was filed. The
original order admitting or denying admission of the will to probate is
effective as to the omitted or unnotified person as of the date the amended
petition is filed and it is effective as to all other persons, including
creditors, as of the date of its entry.
(c) If the amended petition is filed under Section 6-20, notice of the
hearing on the amended petition shall be mailed or published, as provided
in Section 6-20, to or for the omitted or unnotified person and to all persons
included in any prior petition. In the absence of objections by the omitted
or unnotified person, evidence received at the hearing on the original petition
to admit the will to probate constitutes prima facie proof of the execution
of the will at the hearing on the amended petition. An order admitting
the will to probate on an amended petition filed under Section 6-20 is effective
as to the omitted or unnotified person as of the date of its entry, but
the original order admitting the will to probate is effective as to all
other persons, including creditors, as of the date of its entry.
(Source: P.A. 81-213.)
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