Chapter 755 — ESTATES

(755 ILCS 5/1-1) (from Ch. 110 1/2, par. 1-1) Sec. 1-1. Title.) This Act may be cited as the Probate Act of 1975. (Source: P.A. 79-328.)

(755 ILCS 5/1-10) (from Ch. 110 1/2, par. 1-10) Sec. 1-10. Partial invalidity.) The invalidity of any provision of this Act does not affect the remainder of this Act. (Source: P.A. 79-328.)

(755 ILCS 5/1-11) (from Ch. 110 1/2, par. 1-11) Sec. 1-11. Nonresident representative. If a representative is or becomes a nonresident of this State, the representative shall file in the court in which the estate is pending a designation of a resident agent to accept service of p…

(755 ILCS 5/1-2) (from Ch. 110 1/2, par. 1-2) Sec. 1-2. Definitions. As used in this Act, unless the context requires otherwise, the terms defined and the words construed in the following Sections have the meanings ascribed to them in those Sections. (Source: P.A. 88-202; 88-529.…

(755 ILCS 5/1-2.01) (from Ch. 110 1/2, par. 1-2.01) Sec. 1-2.01. "Administrator" includes administrator de bonis non and administrator with the will annexed. (Source: P.A. 79-328.)

(755 ILCS 5/1-2.02) (from Ch. 110 1/2, par. 1-2.02) Sec. 1-2.02. "Administrator with the will annexed" includes administrator de bonis non with the will annexed. (Source: P.A. 79-328.)

(755 ILCS 5/1-2.03) (from Ch. 110 1/2, par. 1-2.03) Sec. 1-2.03. "Authenticated copy" means (1) a certified copy if the office in which the record of the original is kept is in this State or (2) a copy exemplified in pursuance of the law of Congress in relation to records in fore…

(755 ILCS 5/1-2.04) (from Ch. 110 1/2, par. 1-2.04) Sec. 1-2.04. "Bequeath" means to dispose of real or personal property by will and includes devise. (Source: P.A. 79-328.)

(755 ILCS 5/1-2.05) (from Ch. 110 1/2, par. 1-2.05) Sec. 1-2.05. "Claim" includes any cause of action. (Source: P.A. 79-328.)

(755 ILCS 5/1-2.06) (from Ch. 110 1/2, par. 1-2.06) Sec. 1-2.06. "Dependent" means a person who is unable to maintain himself and is likely to become a public charge. (Source: P.A. 79-328.)

(755 ILCS 5/1-2.07) (from Ch. 110 1/2, par. 1-2.07) Sec. 1-2.07. "Encumbrance" includes mortgage, real estate tax or special assessment, deed of trust, vendor's lien, security agreement and other lien. (Source: P.A. 79-328.)

(755 ILCS 5/1-2.08) (from Ch. 110 1/2, par. 1-2.08) Sec. 1-2.08. "Guardian" includes a representative of a minor and a representative of a person under legal disability. (Source: P.A. 83-706.)

(755 ILCS 5/1-2.09) (from Ch. 110 1/2, par. 1-2.09) Sec. 1-2.09. "Independent administration" means administration of a decedent's estate pursuant to Article XXVIII. (Source: P.A. 81-213.)

(755 ILCS 5/1-2.10) (from Ch. 110 1/2, par. 1-2.10) Sec. 1-2.10. "Independent representative" means an executor or administrator acting pursuant to Article XXVIII. (Source: P.A. 81-213.)

(755 ILCS 5/1-2.11) (from Ch. 110 1/2, par. 1-2.11) Sec. 1-2.11. "Interested person" in relation to any particular action, power or proceeding under this Act means one who has or represents a financial interest, property right or fiduciary status at the time of reference which ma…

(755 ILCS 5/1-2.12) (from Ch. 110 1/2, par. 1-2.12) Sec. 1-2.12. "Legacy" means a testamentary disposition of real or personal property and includes devise and bequest. "Legatee" includes devisee. (Source: P.A. 81-213.)

(755 ILCS 5/1-2.13) (from Ch. 110 1/2, par. 1-2.13) Sec. 1-2.13. "Mortgage" includes trust deed in the nature of a mortgage. (Source: P.A. 81-213.)

(755 ILCS 5/1-2.14) (from Ch. 110 1/2, par. 1-2.14) Sec. 1-2.14. "Personal fiduciary" means one acting on behalf of a ward pursuant to Section 28-3 during independent administration. (Source: P.A. 81-213.)

(755 ILCS 5/1-2.15) (from Ch. 110 1/2, par. 1-2.15) Sec. 1-2.15. "Representative" includes executor, administrator, administrator to collect, standby guardian, guardian and temporary guardian. (Source: P.A. 88-529.)

(755 ILCS 5/1-2.16) (from Ch. 110 1/2, par. 1-2.16) Sec. 1-2.16. "Supervised administration" means administration of a decedent's estate pursuant to the provisions of this Act other than Article XXVIII. (Source: P.A. 81-213.)

(755 ILCS 5/1-2.17) (from Ch. 110 1/2, par. 1-2.17) Sec. 1-2.17. "Ward" includes a minor or a person with a disability. (Source: P.A. 99-143, eff. 7-27-15.)

(755 ILCS 5/1-2.18) (from Ch. 110 1/2, par. 1-2.18) Sec. 1-2.18. "Will" includes electronic will, certified paper copy of an electronic will, testament and codicil. (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 5/1-2.19) (from Ch. 110 1/2, par. 1-2.19) Sec. 1-2.19. Words importing the masculine, feminine or neuter gender include each of the other genders where applicable. (Source: P.A. 81-213.)

(755 ILCS 5/1-2.20) (from Ch. 110 1/2, par. 1-2.20) Sec. 1-2.20. Words importing the singular number include the plural and words importing the plural number include the singular. (Source: P.A. 81-213.)

(755 ILCS 5/1-2.21) (from Ch. 110 1/2, par. 1-2.21) Sec. 1-2.21. Words referring to the property or estate of a person under the age of 18 years exclude "custodial property" as defined in the Illinois Uniform Transfers to Minors Act. (Source: P.A. 84-915.)

(755 ILCS 5/1-2.22) (from Ch. 110 1/2, par. 1-2.22) Sec. 1-2.22. In any proceeding under this Act the words "executor", "administrator", "guardian" and "testator" may be used without regard to the sex of the person. (Source: P.A. 81-795.)

(755 ILCS 5/1-2.23) Sec. 1-2.23. "Standby guardian" means: (i) a guardian of the person or estate, or both, of a minor, as appointed by the court under Section 11-5.3, to become effective at a later date under Section 11-13.1 or (ii) a guardian of the person or estate, or both, o…

(755 ILCS 5/1-2.24) Sec. 1-2.24. "Short-term guardian" means a guardian of the person of a minor as appointed by a parent of the minor under Section 11-5.4 or a guardian of the person of a person with a disability as appointed by the guardian of the person with a disability under…

(755 ILCS 5/1-2.25) Sec. 1-2.25. Where this Act requires information to be "written" or "in writing", or provides for certain consequences if it is not, an electronic record under the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act satisfies the p…

(755 ILCS 5/1-2.26) Sec. 1-2.26. "In the presence of" and any variation thereof includes: (1) being in the same physical location as another person and close enough to see and know the other person is signing a document; or (2) being in a different physical location from another …

(755 ILCS 5/1-3) (from Ch. 110 1/2, par. 1-3) Sec. 1-3. Corporation as representative.) Any corporation qualified to accept and execute trusts in this State is qualified to act as representative of the estate of a decedent or ward. (Source: P.A. 79-328.)

(755 ILCS 5/1-4) (from Ch. 110 1/2, par. 1-4) Sec. 1-4. Pleadings.) On the court's own motion or on motion of any interested person, before or during any hearing, any person who desires to oppose the entry of an order or judgment shall file, as directed by the court, a pleading d…

(755 ILCS 5/1-5) (from Ch. 110 1/2, par. 1-5) Sec. 1-5. Petition under oath.) Every petition under this Act, except a petition under Section 8-1 or Section 8-2, shall be under oath or affirmation. If a statement is known to petitioner only upon information and belief, or is unkno…

(755 ILCS 5/1-6) (from Ch. 110 1/2, par. 1-6) Sec. 1-6. Civil Practice Law applies.) The Civil Practice Law and all existing and future amendments and modifications thereof and the Supreme Court Rules now or hereafter adopted in relation to that Law shall apply to all proceedings…

(755 ILCS 5/1-7) (from Ch. 110 1/2, par. 1-7) Sec. 1-7. Mispleading - representative not liable beyond assets.) No representative or his surety is chargeable beyond the assets of the estate administered by reason of any omission or mistake in pleading or any false pleading of the…

(755 ILCS 5/1-8) (from Ch. 110 1/2, par. 1-8) Sec. 1-8. Penalty for false affidavit.) A person who makes a false affidavit under this Act is guilty of perjury and upon conviction shall be punished as provided by the statutes of this State in relation to the crime of perjury. (Sou…

(755 ILCS 5/1-9) (from Ch. 110 1/2, par. 1-9) Sec. 1-9. Act to be liberally construed.) This Act and the rules now or hereafter applicable thereto shall be liberally construed to the end that controversies and the rights of the parties may be speedily and finally determined and t…

(755 ILCS 5/10-1) (from Ch. 110 1/2, par. 10-1) Sec. 10-1. Letters of administration to collect.) (a) Upon the filing of a petition of any interested person or upon its own motion, the court may issue letters of administration to collect: (1) when any contingency happens which is…

(755 ILCS 5/10-2) (from Ch. 110 1/2, par. 10-2) Sec. 10-2. Petition for letters of administration to collect.) A person desiring to have letters of administration to collect issued on the estate of a deceased or missing person must file a petition therefor in the court of the pro…

(755 ILCS 5/10-3) (from Ch. 110 1/2, par. 10-3) Sec. 10-3. Administrator to collect for missing person - notice.) When letters of administration to collect are sought for the estate of a missing person, the petitioner must publish a notice of the hearing on the petition once a we…

(755 ILCS 5/10-4) (from Ch. 110 1/2, par. 10-4) Sec. 10-4. Powers and duties of administrator to collect.) An administrator to collect has power to sue for and collect the personal estate and debts due the decedent or missing person and by leave of court to exercise the powers ve…

(755 ILCS 5/10-5) (from Ch. 110 1/2, par. 10-5) Sec. 10-5. Termination of powers.) On the issuance of letters testamentary or of administration or the satisfactory establishment of the survival and location of the missing person, the powers of an administrator to collect cease an…

(755 ILCS 5/11-1) (from Ch. 110 1/2, par. 11-1) Sec. 11-1. Definitions. As used in this Article: "Administrative separation" means a parent's, legal guardian's, legal custodian's, or primary caretaker's: (1) arrest, detention, incarceration, removal, or deportation in connection …

(755 ILCS 5/11-10.1) (from Ch. 110 1/2, par. 11-10.1) Sec. 11-10.1. Procedure for appointment of a standby guardian or a guardian of a minor. (a) Unless excused by the court for good cause shown, it is the duty of the petitioner to give notice of the time and place of the hearing…

(755 ILCS 5/11-11) (from Ch. 110 1/2, par. 11-11) Sec. 11-11. Costs in certain cases.) No costs may be taxed or charged by any public officer in any proceeding for the appointment of a guardian or for any subsequent proceeding or report made in pursuance of the appointment when t…

(755 ILCS 5/11-13) (from Ch. 110 1/2, par. 11-13) Sec. 11-13. Duties of guardian of a minor. Before a guardian of a minor may act, the guardian shall be appointed by the court of the proper county and, in the case of a guardian of the minor's estate, the guardian shall give the b…

(755 ILCS 5/11-13.1) Sec. 11-13.1. Duties of standby guardian of a minor. (a) Before a standby guardian of a minor may act, the standby guardian must be appointed by the court of the proper county and, in the case of a standby guardian of the minor's estate, the standby guardian …

(755 ILCS 5/11-13.2) Sec. 11-13.2. Duties of short-term guardian of a minor. (a) Immediately upon the effective date of the appointment of a short-term guardian, the short-term guardian shall assume all duties as short-term guardian of the minor as provided in this Section. The s…

(755 ILCS 5/11-13.3) Sec. 11-13.3. Reliance on authority of guardian, standby guardian, short-term guardian. (a) Every health care provider and other person (reliant) has the right to rely on any decision or direction made by the guardian, standby guardian, or short-term guardian…

(755 ILCS 5/11-14.1) (from Ch. 110 1/2, par. 11-14.1) Sec. 11-14.1. Revocation of letters. (a) Upon the minor reaching the age of majority, the letters of office shall be revoked only as to that minor and the guardianship over that minor shall be terminated. The letters of office…