How long do I have to contest a will in Illinois?

You have 6 months from the date the will is admitted to probate to file a will contest under 755 ILCS 5/8-1. This is a strict statute of limitations — missing the deadline is almost always fatal to the claim, regardless of the merits. If you suspect a will is invalid, you should consult an attorney immediately after the will is admitted. In some cases, you may be able to challenge admittance of the will before it is admitted, which avoids the limitations period issue entirely.

Who pays for a will contest in Illinois?

Will contest litigation is expensive and can drag on for years. Costs depend on the complexity of the case and the grounds being asserted. Many will contest attorneys work on a contingency fee for contestants (taking a percentage of any recovery), while the estate's executor typically pays attorneys' fees from estate assets to defend the will. If you lose a will contest as the contestant, you generally bear your own legal fees — there is no fee-shifting rule that makes you pay the estate's fees, unless you pursued a frivolous claim.

Can an executor contest a will?

An executor named in a will generally has a duty to defend the will and does not have standing to contest it in most circumstances. However, if an executor is also an heir at law who would receive more under intestacy than under the will, they may have standing as an interested party — though they would typically need to resign as executor first to avoid a conflict of interest.

What is a "no-contest clause" in an Illinois will? Does it apply to me?

A no-contest clause (also called an "in terrorem" clause) is a provision in a will stating that any beneficiary who contests the will forfeits their inheritance. Illinois courts generally enforce no-contest clauses, but there is an important exception: if you had probable cause to contest the will — meaning a reasonable basis for your challenge — the clause may not be enforced against you even if you lose the contest. If you are a beneficiary with a no-contest clause in the will, discuss this risk carefully with your attorney before filing.

Does contesting a will stop the probate process?

Not automatically, but a will contest does create complications. The probate estate can continue to be administered during the pendency of a will contest — expenses can be paid, assets managed — but final distribution to beneficiaries is typically stayed until the contest is resolved. Courts may require the executor to hold assets pending the outcome, particularly if there is a risk that distribution could not be clawed back.

What is the difference between contesting a will and contesting the probate of a will?

Technically, a "will contest" under 755 ILCS 5/8-1 is a separate civil action filed after the will has been admitted to probate. A challenge to admission — filed before the will is admitted — is a different procedural vehicle. Either way, the underlying legal grounds (capacity, undue influence, execution defects, etc.) are similar. Your attorney will advise which procedural approach is appropriate given the timing of your situation.

Can I contest a will if I was not a beneficiary?

You must have "standing" — meaning you are an interested person who would receive a share of the estate if the will were declared invalid. This typically means you are: (a) an heir at law who would inherit under intestate succession if there were no valid will, or (b) a beneficiary under a prior will that would take effect if the current will is voided. If you would receive nothing under either scenario, you likely lack standing to contest, regardless of your relationship to the deceased.

Is it worth contesting a will?

That depends on the strength of your grounds, the size of the estate, and the cost of litigation. Will contests are expensive, emotionally draining, and time-consuming — and the majority do not succeed at trial. However, even weak contestants often achieve negotiated settlements that provide some recovery. Before deciding, have an experienced probate attorney evaluate your evidence honestly and give you a realistic assessment of your prospects and the likely cost.

Estate Planning Blog | Illinois Estate Law Insights & Guides

Table of contents

Article Summary

A will contest is a formal lawsuit filed in Illinois probate court to invalidate a will or specific provisions of a will. Winning requires more than believing the will is unfair — you need recognized legal grounds, proper standing, and you must act within the strict 6-month deadline.

This guide explains who can contest a will in Illinois, the six recognized grounds for a challenge (including lack of testamentary capacity, undue influence, fraud, improper execution, revocation, and insane delusion), the step-by-step court process under 755 ILCS 5/8-1, and what happens to the estate if the contest succeeds or fails.

You will also find an interactive grounds checker, a process timeline, and answers to the most frequently asked questions about Illinois will contests.

What Is a Will Contest in Illinois?

A will contest — formally called an “action to contest will” under 755 ILCS 5/8-1 — is a civil lawsuit filed in Illinois probate court seeking a judgment that a will (or a specific provision of it) is invalid and should not control the distribution of the decedent's estate. If the contest succeeds, the court either reverts to a prior valid will or distributes the estate under Illinois intestate succession laws.

Will contests are distinct from other probate disputes, such as challenges to a specific asset's ownership, creditor claims against the estate, or disputes about executor conduct. Those matters are handled separately. A will contest specifically attacks the validity of the will document itself.

Critical Distinction: Unfair ≠ Invalid

Illinois courts will not void a will simply because it seems unfair, disproportionate, or contrary to what family members expected. A testator has broad freedom to leave their estate to whomever they choose — even excluding close relatives entirely — as long as the will was validly executed. A successful will contest requires proving one of the specific legal grounds discussed below, not just that the outcome is unjust.

Who Has Standing to Contest a Will in Illinois?

You can only contest a will if you are an “interested person” — someone who would receive a financial benefit if the will were declared invalid. Illinois courts have defined this to include two categories:

Heirs at Law

Persons who would inherit under Illinois intestate succession if there were no valid will — typically the spouse, children, parents, or siblings of the deceased. If the contested will is voided, these people would benefit from the estate reverting to intestacy.

Prior Will Beneficiaries

Persons named in an earlier will who would benefit if that prior will were reinstated. If a 2015 will named you as a beneficiary but a 2022 will removed you, you may have standing to contest the 2022 will on the theory that the earlier will should control.

A person who would receive nothing under intestacy and was not named in any prior will generally lacks standing — even if they were close to the decedent or believe the will is wrong. The financial interest requirement is strictly enforced.

Note on No-Contest Clauses

If you are a current beneficiary under the will you want to contest, check whether it contains a “no-contest clause” (in terrorem clause). Contesting the will may forfeit your existing bequest. Illinois courts generally enforce these clauses, though there is a probable-cause exception. Review this issue carefully with an attorney before filing.

The 6 Legal Grounds for Contesting a Will in Illinois

Illinois recognizes six categories of grounds for a will contest. You must establish at least one of these grounds — feeling that the will is unfair or surprising is not enough. Each ground has different evidentiary requirements and different likelihoods of success.

The 6-Month Deadline You Cannot Miss

6 Months From Admission — No Exceptions

Under 755 ILCS 5/8-1(a), a will contest must be filed within 6 months after the will has been admitted to probate. This is a strict statute of limitations. Courts have almost uniformly refused to extend this deadline regardless of the contestant's circumstances — illness, lack of knowledge, or attorney error.

The clock starts from the date the probate court issues an order admitting the will, not from the date of death. Monitor probate filings in the relevant county if you suspect a will was submitted.

In Cook County, probate filings are available through the Circuit Court of Cook County's online case search. You can monitor whether an estate has been opened and whether a will has been admitted. If you are concerned about a possible contest, set a calendar reminder and consult an attorney immediately after admission.

Timeline: When the Clock Starts

Death of the testator

Will contest clock has NOT started yet

Executor files the will with the probate court

Will contest clock has NOT started yet

Court holds a hearing and admits the will to probate

Clock STARTS — you now have 6 months

6 months after admission

Deadline to file — after this, the right to contest is permanently extinguished

The Will Contest Process: Step by Step

A will contest in Illinois is a civil lawsuit filed within the existing probate case. Here is what the process looks like from initial evaluation through resolution.

Evaluate Your Standing and Grounds

Confirm you are an "interested person" under Illinois law — typically an heir at law or beneficiary under a prior will. Assess whether you have one or more legally recognized grounds. An estate planning attorney can evaluate your situation in a consultation.

Gather Evidence Before the Will Is Admitted

Collect medical records, witness statements, prior wills, and any communications that support your claim. Evidence is easier to obtain before the estate is fully administered. Act quickly — the 6-month clock starts when the will is admitted, not when you decide to contest.

File the Complaint in Circuit Court

A will contest is initiated by filing a civil complaint in the Circuit Court of the county where the probate estate is pending (typically Cook County for Chicago-area estates). The complaint must name all interested parties and set forth the specific grounds for the contest.

Serve All Interested Parties

All persons named in the will and all heirs at law must be served with the complaint and given the opportunity to participate in the litigation. Service must comply with Illinois civil procedure requirements.

Discovery Phase

Both sides exchange evidence. This typically includes depositions of the drafting attorney, witnesses to the will, medical providers, and other interested parties. Document production, interrogatories, and expert witnesses (physicians, forensic document examiners) are common.

Trial or Settlement

Most Illinois will contests settle before trial. If the case does not settle, it proceeds to a bench or jury trial. The contestant bears the burden of proving their grounds by a preponderance of the evidence. Trials in will contests can last from days to weeks depending on complexity.

How Long Does a Will Contest Take?

In Cook County, uncontested probate typically takes 9–18 months. A will contest adds significant time. Contested cases that go to trial routinely take 2–4 years from filing to resolution. Cases that settle — as most do — can resolve faster, but rarely in less than 12–18 months. Plan for a long process and budget accordingly.

Interactive: Do You Have Grounds?

Check every situation that applies to your case. This tool helps you identify which legal grounds may be available to you — it is not legal advice, but it can help you prepare for a conversation with an attorney.

Check All That Apply to Your Situation

The testator had dementia, was heavily medicated, or was confused about basic facts near the time they signed the will

A caregiver, new partner, or person with control over the testator is the primary beneficiary, and the testator was isolated from family

The signature on the will looks different from known signatures, or the will was drafted by a beneficiary

The will appears to have only one witness, or the witnesses signed at a different time than the testator

You have seen or heard about a more recent will, or the testator said they changed their will

The testator expressed a clearly false, fixed belief about a family member that directly caused a disinheritance

What Happens If You Win — or Lose?

If You Win the Contest

The contested will (or the specific provision challenged) is declared void by the court.

If a prior valid will exists, it is admitted to probate and controls the estate distribution.

If no prior will exists, or if the entire will is voided, the estate is distributed under Illinois intestate succession law — as if the decedent never had a will.

The executor may be removed and replaced with an administrator.

Your attorney's fees (if taken on contingency) come out of your recovery. If you paid hourly, you bear those costs regardless of outcome.

If You Lose the Contest

The will is upheld and administered as written.

You bear your own attorney's fees — there is generally no fee-shifting in Illinois will contests.

If the will contained a no-contest clause and you lacked probable cause to file, you may forfeit any bequest you had under the will.

Family relationships may be permanently damaged by the litigation.

Estate administration delays caused by the contest may reduce the overall estate value available to all beneficiaries.

Think You Have a Will Contest Case?

Illinois will contest litigation is complex, expensive, and time-sensitive. If you believe a will was the product of undue influence, fraud, or incapacity, the most important step is consulting an experienced Illinois probate attorney as quickly as possible — the 6-month deadline waits for no one.

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Frequently Asked Questions

Next Steps

If you believe a will is invalid — whether due to the testator's incapacity, undue influence, fraud, or a defect in execution — the most important thing you can do is act quickly. The 6-month deadline under Illinois law is absolute, and building a strong case takes time.

For context on how Illinois wills should be properly executed (and where the defects you may have spotted actually arise), see our companion guide on what makes a will valid in Illinois. If you are dealing with the broader probate process, our guides on when probate is required in Illinois and how much probate costs in Illinois provide essential background.

Speak With an Illinois Probate Attorney

Illinois Estate Law helps clients navigate complex probate disputes, including will contest evaluations. If you have concerns about the validity of a will, schedule a consultation to discuss your evidence, your standing, and your options — before the deadline runs.

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Call (312) 373-0731 to speak directly with our team.

Related Illinois Probate & Estate Planning Guides

What Makes a Will Valid in Illinois?When Is Probate Required in Illinois?How Much Does Probate Cost in Illinois?How to Open an Estate Bank Account for Probate What Is a Surety Bond in Illinois Probate?So You've Been Named Executor: A Comprehensive Guide

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Mary Liberty is a Chicago-based estate planning and probate attorney dedicated to making legal planning accessible, affordable, and stress-free. Through her modern virtual law practice, she helps families and individuals across Illinois create clear, effective plans that protect their assets and their loved ones.

Mary focuses on estate planning, uncontested probate, and her signature partial probate service. Known for her precision, empathy, and plain-language guidance, she operates on a 100% flat-fee model so clients always know exactly what to expect.

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Apr 1, 2026

How to Contest a Will in Illinois: Grounds, Deadlines, and the Legal Process