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Interested PersonAnyone who has an interest in an estate must be given notice and accounted to for the income and expenses of the estate. The Probate Act calls such a person an "interested person". This is anyone who has or represents a financial interest, property right or fiduciary status which may be affected by the probate proceeding or any action in it. The determination of a person's status as an interested person must be for each action requested of the court at the time the action is to be taken. For instance, anyone who is an heir must be given notice of a petition to admit a will to probate. Once the will is admitted the heirs are no longer interested parties as heirs. If an heir is named a beneficiary of the will then that person is an interested person for all further proceedings in probate, but as a legatee, not as an heir. If, after admission of the will, an heir files a will contest, then that heir is an interested person again, but as a party to a pending proceeding, not as an heir. If the will is later determined to be invalid, the heir once again is the person entitled to the estate assets (assuming there is no other will) and is an interested person again as an heir. || Back
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Donald M.
Thompson * 55 W. Monroe #3950; Chicago, IL 60603 - Illinois
Probate Lawyers |
