The Uniform Probate Code and Illinois Probate Practice

test is heard and disposed of.40 In Illinois, separate hearings may be required for proof of heirship and proof of the will, 4 ' and a separate hearing is always required whenever there is a contest.4 2 The process of proving the will itself is also considerably simpler under the Code than it is under the Illinois Probate Act.43 31.U.P.C. § 3-101, -102, -108.32.I.P.A. § 60. 33.I.P.A. H8 95-102.The procedure involves a formal petition and requires notice to all persons who may have preference in obtaining the letters under section 96.34.I.P.A. § 62, 63. 35.I.P.A. § 64, 65. 36.I.P.A. 88 57, 58.37. This may involve the appointment of a guardian ad litem for any minor or incompetent heirs, I.P.A. § 67, and the testimony of at least two witnesses to the execution of the will, I.P.A. § 69. 38.Unless the estate meets the requirements of the small estate exception of LP.A. § 324. U.P.C. § 3-301.The Code provides for a series of options at each stage of the probate process."Interested" parties, defined in section 1-201 to include "heirs, devisees, children, spouses, creditors, beneficiaries and any others having a property right in or claim against . . . the estate," may choose whether and to what extent a court will become involved in the probate process.If no interested person requests a formal proceeding and if there is only one known testamentary instrument, then the will may be informally probated under section 3-304.In order to informally probate a will an interested person must file an application for informal probate stating, among other things, his interest in the estate, the names and addresses of all heirs and devisees, the name and address of any other appointed personal representative and that the iinstrument presented is, to the best of his knowledge, the decedent's last will.U.P.C. § 3-301(1), (2).If at least 120 hours have elapsed since the decedent's death and if the Registrar is satisfied that the will is entitled to be informally probated, he will enter an order of informal probate that is conclusive as to the validity of the will unless superceded in a formal testacy proceeding.U.P.C. § 3-303.No notice of an informal probate proceeding need be given unless it has been demanded by an interested person under section 3-204 or unless there is another personal representative whose appointment has not been revoked.U.P.C. § 3-306.40.U.P.C. 88 3-401, -404.41.I.P.A. § 64.This, however, is only infrequently the case.42.See, e.g., Practice Rule 14.2 of the Circuit Court of Cook County.43.Compare U.P.C. § 2-504, -505, -506 with I.P.A. § 69.