Illinois General Assembly - Illinois Compiled Statutes

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755 ILCS 5/6-3

(755 ILCS 5/6-3) (from Ch. 110 1/2, par. 6-3)

Sec. 6-3.

Duty of executor to present will for probate.) (a) Within 30 days after
a person acquires knowledge that he is named as executor of the will of
a deceased person,
he shall either institute a proceeding to have the will admitted to probate in the
court of the proper county or declare his refusal to act as executor.  If
he fails to do so, except
for good cause shown, the court on its motion or on the petition of any
interested person may deny
him the right to act as executor and letters of office may be issued by
the court as if the
person so named were disqualified to act as executor.

(b) When 30 days have elapsed since the death of the testator and no petition
has been filed to
admit his will to probate, the court may proceed to probate the will without
the filing of
a petition therefor, unless it appears to the court that probate thereof
is unnecessary and failure to
probate it will not prejudice the rights of any interested person.  Such
notice of the hearing
on the admission of the will to probate shall be given to the persons in
interest as the court directs.

(Source: P.A. 79-328.)