Chapter 755 — ESTATES

(755 ILCS 5/11a-8.1) Sec. 11a-8.1. Petition for standby guardian of the person with a disability. The petition for appointment of a standby guardian of the person or the estate, or both, of a person with a disability must state, if known: (a) the name, date of birth, and residenc…

(755 ILCS 5/11a-9) (from Ch. 110 1/2, par. 11a-9) Sec. 11a-9. Report. (a) The petition for adjudication of disability and for appointment of a guardian should be accompanied by a report which contains (1) a description of the nature and type of the respondent's disability and an …

(755 ILCS 5/12-1) (from Ch. 110 1/2, par. 12-1) Sec. 12-1. Corporate representative - acceptance of office.) The bonds provided for in this Act, except appeal bonds, are not required of corporations qualified to administer trusts in this State. Before entering upon the performanc…

(755 ILCS 5/12-10) (from Ch. 110 1/2, par. 12-10) Sec. 12-10. Further bond or security.) (a) If letters are issued to a representative without his giving sufficient bond or security or if his bond or the security therefor becomes excessive or insufficient in the judgment of the c…

(755 ILCS 5/12-11) (from Ch. 110 1/2, par. 12-11) Sec. 12-11. Counter security - release of surety.) (a) If the court believes a representative to be insolvent or in doubtful circumstances, upon petition of the surety on his bond, the court may require the representative to give …

(755 ILCS 5/12-12) (from Ch. 110 1/2, par. 12-12) Sec. 12-12. Notice to representative of action on bond - answer.) Unless the representative is before the court in person or by his attorney, he is entitled to such reasonable notice of any contemplated action of the court to requ…

(755 ILCS 5/12-13) (from Ch. 110 1/2, par. 12-13) Sec. 12-13. New or additional bond.) A new or additional bond, other than an additional bond for the sale or mortgage of real estate, must be signed, approved and filed in the same manner as other bonds of representatives and rela…

(755 ILCS 5/12-14) (from Ch. 110 1/2, par. 12-14) Sec. 12-14. Bond on appeal.) A bond of a representative on appeal from the order or judgment of any court must be in the form prescribed by law in other civil cases, except that the bond of a representative of a decedent's estate …

(755 ILCS 5/12-15) (from Ch. 110 1/2, par. 12-15) Sec. 12-15. Suit on bond. Suit on a bond executed under this Act may be prosecuted against one or more of the obligors named in the bond in the name of the people of the State of Illinois for the use of any person who may have bee…

(755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2) Sec. 12-2. Individual representative; oath and bond. (a) Except as provided in subsection (b), before undertaking the representative's duties, every individual representative shall take and file an oath or affirmation that the indiv…

(755 ILCS 5/12-3) (from Ch. 110 1/2, par. 12-3) Sec. 12-3. Surety.) Every bond provided for in this Article must have as security thereon not less than 2 sureties acceptable to the court or one surety company qualified to do business in this State and acceptable to the court. (So…

(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4) Sec. 12-4. When security excused or specified.) (a) Except as provided in paragraph (c) of Section 6-13 with respect to a nonresident executor, no security is required of a person who is excused by the will from giving bond or secur…

(755 ILCS 5/12-5) (from Ch. 110 1/2, par. 12-5) Sec. 12-5. Amount of bond.) (a) The bond of a representative shall be for an amount not less than double the value of the personal estate if individuals act as sureties or if bond or security is excused, and not less than 1 1/2 time…

(755 ILCS 5/12-6) (from Ch. 110 1/2, par. 12-6) Sec. 12-6. Waiver or reduction of bond of representative of ward in certain cases.) (a) If the primary purpose for the appointment of a representative of a ward is the sale of the ward's interest in real estate pursuant to Section 2…

(755 ILCS 5/12-7) (from Ch. 110 1/2, par. 12-7) Sec. 12-7. Deposit in lieu or reduction of bond.) Upon petition of a representative and upon such notice as the court directs, the court may order the representative to deposit for safe-keeping with a corporation qualified to accept…

(755 ILCS 5/12-8) (from Ch. 110 1/2, par. 12-8) Sec. 12-8. Joint or several bonds.) (a) The court may permit a representative of the estates or persons of more than one ward to include his obligations to some or all in one bond. (b) When 2 or more persons are appointed representa…

(755 ILCS 5/12-9) (from Ch. 110 1/2, par. 12-9) Sec. 12-9. Additional bond for proceeds of sale or mortgage.) (a) Except as provided in subsection (d), at or before the entry of an order authorizing a representative to sell or mortgage real estate or any interest therein or to se…

(755 ILCS 5/13-1) (from Ch. 110 1/2, par. 13-1) Sec. 13-1. Appointment and term of public administrator and public guardian. (a) Except as provided in Section 13-1.1, before the first Monday of December, 1977 and every 4 years thereafter, and as often as vacancies occur, the Gove…

(755 ILCS 5/13-1.1) (from Ch. 110 1/2, par. 13-1.1) Sec. 13-1.1. Appointment and term of public guardian in counties having a population in excess of 1,000,000.) As soon as practicable after the effective date of this amendatory Act, the chief judge of the Circuit Court in each c…

(755 ILCS 5/13-1.2) Sec. 13-1.2. Certification requirement. Each person appointed as a public guardian by the Governor shall be certified as a National Certified Guardian by the Center for Guardianship Certification within 6 months after his or her appointment. The Guardianship a…

(755 ILCS 5/13-2) (from Ch. 110 1/2, par. 13-2) Sec. 13-2. Bond and oath.) Before entering upon the performance of his duties, every public administrator and every public guardian shall take and file in the court an oath or affirmation that he will support the Constitution of the…

(755 ILCS 5/13-3) (from Ch. 110 1/2, par. 13-3) Sec. 13-3. Compensation of public administrator. (a) In counties having a population in excess of 1,000,000 the public administrator shall pay all the fees collected by the office into the county treasury. Each year, the county boar…

(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1) Sec. 13-3.1. Compensation of public guardian. (a) In counties having a population in excess of 1,000,000 the public guardian shall be paid an annual salary, to be set by the County Board at a figure not to exceed the salary of t…

(755 ILCS 5/13-4) (from Ch. 110 1/2, par. 13-4) Sec. 13-4. Powers and duties of public administrator.) (a) When a person dies owning any real or personal estate in this State and there is no person in this State having a prior right to administer his estate, the public administra…

(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5) Sec. 13-5. Powers and duties of public guardian.) The court may appoint the public guardian as the guardian of any adult with a disability who is in need of a public guardian and whose estate exceeds $25,000. When an adult with a di…

(755 ILCS 5/14-1) (from Ch. 110 1/2, par. 14-1) Sec. 14-1. Inventory.) (a) Within 60 days after the issuance of his letters the representative of the estate of a decedent or ward shall file in the court a verified inventory of the real and personal estate which has come to his kn…

(755 ILCS 5/14-2) (from Ch. 110 1/2, par. 14-2) Sec. 14-2. Appraisal.) If the representative believes that it is necessary for the proper administration of the estate to determine the value of any goods and chattels, the representative may appraise them or may employ one or more …

(755 ILCS 5/14-3) (from Ch. 110 1/2, par. 14-3) Sec. 14-3. Inventories and appraisals as evidence.) Inventories and appraisals and authenticated copies thereof may be given in evidence in any suit by or against the representative but are not conclusive for or against him if other…

(755 ILCS 5/15-1) (from Ch. 110 1/2, par. 15-1) Sec. 15-1. Spouse's award. (a) The surviving spouse of a deceased resident of this State whose estate, whether testate or intestate, is administered in this State, shall be allowed as the surviving spouse's own property, exempt from…

(755 ILCS 5/15-2) (from Ch. 110 1/2, par. 15-2) Sec. 15-2. Child's award. (a) If a minor child of the decedent does not reside with the surviving spouse of the decedent at the time of the decedent's death, there shall be allowed to that child, exempt from the enforcement of a jud…

(755 ILCS 5/15-3) (from Ch. 110 1/2, par. 15-3) Sec. 15-3. Allowance, notice and review of award.) (a) The representative shall apply to the court to make the award when an award is allowable and is not waived or barred, and when an award is allowed, shall mail or deliver a copy …

(755 ILCS 5/15-4) (from Ch. 110 1/2, par. 15-4) Sec. 15-4. Selection.) (a) The surviving spouse is entitled to receive the amount of the award in money or, at the election of the surviving spouse, to accept payment thereof in whole or in part in goods and chattels of the decedent…

(755 ILCS 5/16-1) (from Ch. 110 1/2, par. 16-1) Sec. 16-1. Citation on behalf of estate. (a) Upon the filing of a petition therefor by the representative or by any other person interested in the estate or, in the case of an estate of a ward by any other person, the court shall or…

(755 ILCS 5/16-2) (from Ch. 110 1/2, par. 16-2) Sec. 16-2. Personal property claimed by third party.) Upon the filing of a petition therefor by any person and upon such notice as the court may direct, the court may order a representative having in his possession or control any pe…

(755 ILCS 5/16-3) (from Ch. 110 1/2, par. 16-3) Sec. 16-3. Trial by jury. Upon the demand of a party to a proceeding under Section 16-1 or 16-2, questions of title, claims of adverse title and the right of property shall be determined by a jury. (Source: P.A. 91-357, eff. 7-29-99…

(755 ILCS 5/18-1) (from Ch. 110 1/2, par. 18-1) Sec. 18-1. Filing of claims - mailing or delivery of copies). (a) A claim against the estate of a decedent or ward, whether based on contract, tort, statutory custodial claim or otherwise, may be filed with the representative or the…

(755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1) Sec. 18-1.1. Statutory custodial claim. Any spouse, parent, brother, sister, or child of a person with a disability who dedicates himself or herself to the care of the person with a disability by living with and personally carin…

(755 ILCS 5/18-10) (from Ch. 110 1/2, par. 18-10) Sec. 18-10. Classification of claims against decedent's estate. All claims against the estate of a decedent are divided into classes in the manner following: 1st: Funeral and burial expenses, expenses of administration, statutory …

(755 ILCS 5/18-11) (from Ch. 110 1/2, par. 18-11) Sec. 18-11. Allowance and disallowance of claims by representative. (a) The representative may at any time pay or consent in writing to all or any part of any claim that is not barred under Section 18-12, if and to the extent the …

(755 ILCS 5/18-12) (from Ch. 110 1/2, par. 18-12) Sec. 18-12. Limitations on payment of claims. (a) Every claim against the estate of a decedent, except expenses of administration and surviving spouse's or child's award, is barred as to all of the decedent's estate if: (1) Notice…

(755 ILCS 5/18-13) (from Ch. 110 1/2, par. 18-13) Sec. 18-13. Priority of payment.) Except as provided in Section 19-6, the representative of a decedent's estate shall pay from the estate all claims entitled to be paid therefrom, in the order of their classification, and when the…

(755 ILCS 5/18-14) (from Ch. 110 1/2, par. 18-14) Sec. 18-14. Estate chargeable with legacies, expenses and claims.) All the real and personal estate of the decedent and the income therefrom during the period of administration are chargeable with the claims against the estate, ex…

(755 ILCS 5/18-15) (from Ch. 110 1/2, par. 18-15) Sec. 18-15. Payment of claims against wards' estates.) Claims allowed against the estate of a ward shall be paid by the representative as he has funds therefor. (Source: P.A. 79-328.)

(755 ILCS 5/18-2) (from Ch. 110 1/2, par. 18-2) Sec. 18-2. Claim form.) Every claim filed must be in writing and state sufficient information to notify the representative of the nature of the claim or other relief sought. (Source: P.A. 81-213.)

(755 ILCS 5/18-3) (from Ch. 110 1/2, par. 18-3) Sec. 18-3. Notice - Publication. (a) It is the duty of the representative to publish once each week for 3 successive weeks, and to mail or deliver to each creditor of the decedent whose name and post office address are known to or a…

(755 ILCS 5/18-4) (from Ch. 110 1/2, par. 18-4) Sec. 18-4. Claims not due.) A claim against a decedent's estate that is not due may be filed and allowed and paid out of the estate as other claims but interest which has been included as a part of the principal obligation, computed…

(755 ILCS 5/18-5) (from Ch. 110 1/2, par. 18-5) Sec. 18-5. Pleadings.) (a) The representative or any other person whose rights may be affected by the allowance of a claim or counterclaim may file pleadings with the clerk of the court within 30 days after mailing or delivery of th…

(755 ILCS 5/18-6) (from Ch. 110 1/2, par. 18-6) Sec. 18-6. Jury trial.) Any interested person may demand a jury to try the issue in accordance with the following, otherwise he waives a jury: (a) A claimant or counterclaimant must file the jury demand at the time of filing the cla…

(755 ILCS 5/18-7) (from Ch. 110 1/2, par. 18-7) Sec. 18-7. Procedure on hearing of claims.) (a) On the call of a claim it may be allowed, set for trial, continued or dismissed. A claim which is consented to by the representative or his attorney or to which no pleading has been fi…

(755 ILCS 5/18-8) (from Ch. 110 1/2, par. 18-8) Sec. 18-8. Claim of representative or his attorney.) If a representative or the representative's attorney has a claim against the estate, that person must file a claim as other persons and the court may appoint a special administrat…