Missing Persons and the Illinois Probate Act
One of the most essential elements of a probate -- the death of the person whose estate you are trying to open -- requires no outside proof under Illinois law. Instead, the petition for probate includes a statement by the petitioner that the person died, along with the particulars (where, when).
But what if you aren't sure whether the person died? In some cases, facts and circumstances can create a presumption of death. Illinois law has specific procedures for handling these cases. Section 6-20 of the Illinois Probate Act addresses a petition to admit will to probate on presumption of death of testator; ยง9-6 deals with the same issue in the case of a person who died without a Will (i.e. intestate).
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