¶ 33 Section 6-4(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/6-4(a) (West 2022)) provides a will is sufficiently proved to admit it to probate when two attesting witnesses state: (1) they were present when the testator signed the will or acknowledged his signature upon the will; (2) they signed as witnesses in the presence of the testator; and (3) they believed the testator to be of sound mind and memory at the time of the execution. In re Estate of Nicola, 275 Ill.App.3d 497, 499 (1995). "If these elements are proved, then the will must be admitted to probate." Id.

When presented with multiple wills, it is the duty of the court to determine which will was the last will that had been executed according to statute. In re Estate of Nicola, 275 Ill. App. 3d 497, 499 (1995). If the instrument shows all of the formalities required by law have been met, and the signatures on the instrument are admittedly genuine, a prima facie case has been made in favor of the due execution of the will. In re Koziol, 236 Ill. App. 3d 478, 484 (1992).

Furthermore, case law has restated the substance of section 6-4(a) in a manner that further confirms that the term "attest" encompasses the act of "subscribing" in Illinois. In re Estate of Nicola, 275 Ill. App.3d 497, 499 (1995). In Nicola the court asserted:

This section places an affirmative duty on the court to probate the last known will of the decedent. Matter of Estate of Nicola, 275 Ill.App.3d 497, 499 (1995) (citing In re Estate of Maule, 36 Ill.App.2d 155 (1962)).

They were free to depose Boos and Rollet when faced with petitioner's cross-motion for summary judgment; they requested neither discovery nor an evidentiary hearing. Petitioner provided the evidence necessary for the will to be admitted to probate. See In re Estate of Nicola , 275 Ill. App. 3d 497, 499, 212 Ill.Dec. 108, 656 N.E.2d 431 (1995) (acknowledging if two attesting witnesses state that they were present when testator signed will or acknowledged his signature upon will, that they signed as witnesses in presence of testator, and that they believed testator to be of sound mind at time of execution, will must be admitted to probate); In re Estate of Moos , 414 Ill. 54, 57, 110 N.E.2d 194 (1953) (unavailable will may be admitted to probate if shown to be destroyed accidentally or fraudulently without consent of testator); 755 ILCS 5/6-4 (West 2016).

¶ 70 As a matter of correct procedure, the trial court should have admitted Maurice's will to probate, given the court's finding that petitioners had made out a prima facie case under section 6–4 (755 ILCS 5/6–4 (West 2010)). See In re Estate of Nicola, 275 Ill.App.3d 497, 499, 212 Ill.Dec. 108, 656 N.E.2d 431 (1995) (“If the elements of [section 6–4(a) ] are proved, then the will must be admitted to probate. [Citation.] The proponent of a will need not prove that the will is valid in all respects in order to have the will admitted to probate. [Citation.]”). Then, within six months after the admission of the will to probate, any interested person could have filed a petition contesting the validity of the will.

¶ 70 As a matter of correct procedure, the trial court should have admitted Maurice's will to probate, given the court 's finding that petitioners had made out a prima facie case under section 6-4 (755 ILCS 5/6-4 (West 2010)). See In re Estate of Nicola, 275 Ill. App. 3d 497, 499 (1995) ("If the elements of [section 6-4(a)] are proved, then the will must be admitted to probate. [Citation.] The proponent of a will need not prove that the will is valid in all respects in order to have the will admitted to probate. [Citation.]"). Then, within six months after the admission of the will to probate, any interested person could have filed a petition contesting the validity of the will.