Chapter 755 — ESTATES

(755 ILCS 5/18-9) (from Ch. 110 1/2, par. 18-9) Sec. 18-9. Costs.) If a claim for which a filing fee is required to be paid is filed, the clerk of the court shall collect the filing fee from the claimant. All other costs of proceedings with respect to claims and counterclaims sha…

(755 ILCS 5/19-1) (from Ch. 110 1/2, par. 19-1) Sec. 19-1. Lease, sale, mortgage or pledge of personal estate of decedent.) (a) By leave of court, a representative may lease, sell, mortgage or pledge the personal estate of the decedent when it is necessary for the proper administ…

(755 ILCS 5/19-10) (from Ch. 110 1/2, par. 19-10) Sec. 19-10. Contracts of decedent.) By order of court a contract made by a decedent may be performed by his representative. (Source: P.A. 79-328.)

(755 ILCS 5/19-11) (from Ch. 110 1/2, par. 19-11) Sec. 19-11. Desperate personal estate of decedent.) (a) Upon suggestion made in the final account or report or on petition of a representative stating that any personal estate of the decedent other than goods and chattels is of de…

(755 ILCS 5/19-12) (from Ch. 110 1/2, par. 19-12) Sec. 19-12. Nominee registration.) Unless otherwise provided by the will, a representative or his agent, custodian or depositary may cause stocks, bonds and other personal property of the estate to be registered and held in the na…

(755 ILCS 5/19-13) (from Ch. 110 1/2, par. 19-13) Sec. 19-13. Decedent's account books.) The books of account of a decedent are subject to the inspection of all persons interested therein. (Source: P.A. 79-328.)

(755 ILCS 5/19-14) Sec. 19-14. Administrator or executor; legal proceeding; participation. If there is more than one administrator or executor of a decedent's estate and one of the administrators or executors is a corporation qualified to act as a representative of the estate of …

(755 ILCS 5/19-2) (from Ch. 110 1/2, par. 19-2) Sec. 19-2. Lease, sale, mortgage or pledge of personal estate of ward. By leave of court a representative may lease, sell, mortgage or pledge any personal estate of the ward, when in the opinion of the court it is for the best inter…

(755 ILCS 5/19-3) (from Ch. 110 1/2, par. 19-3) Sec. 19-3. Mortgage of agricultural commodities.) By leave of court, a representative of an estate eligible therefor may obtain a loan and mortgage or pledge for a term of not to exceed one year agricultural commodities as security …

(755 ILCS 5/19-4) (from Ch. 110 1/2, par. 19-4) Sec. 19-4. Petition to lease, sell, mortgage or pledge personal estate-notice.) Before leasing, selling, mortgaging or pledging any personal estate the representative shall file a petition in the court which issued his letters stati…

(755 ILCS 5/19-5) (from Ch. 110 1/2, par. 19-5) Sec. 19-5. Order of sale.) (a) The court shall provide in its order of sale whether the sale shall be public or private. (b) A public sale shall be for cash or wholly or partly upon credit of not more than 12 months by taking a note…

(755 ILCS 5/19-6) (from Ch. 110 1/2, par. 19-6) Sec. 19-6. Operating business of decedent.) (a) Except as otherwise directed by the decedent in his will or except as otherwise provided by law, a representative has authority, for the preservation and settlement of the estate of a …

(755 ILCS 5/19-7) (from Ch. 110 1/2, par. 19-7) Sec. 19-7. Operating business of ward.) Upon receiving the approval of the court, a representative may operate any unincorporated business belonging to the ward or in which he may have any interest and the court may direct the repre…

(755 ILCS 5/19-8) (from Ch. 110 1/2, par. 19-8) Sec. 19-8. Compounding, compromising or exchanging personal estate.) By leave of court without notice or upon such notice as the court directs, a representative may compound or compromise any claim or any interest of the ward or the…

(755 ILCS 5/19-9) (from Ch. 110 1/2, par. 19-9) Sec. 19-9. Removal of property.) The representative may not remove any personal estate of his decedent or ward beyond the limits of this State, without the order of the court. If the representative removes the estate from this State…

(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1) Sec. 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid,…

(755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2) Sec. 2-2. Children born out of wedlock. The intestate real and personal estate of a resident decedent who was a child born out of wedlock at the time of death and the intestate real estate in this State of a nonresident decedent who w…

(755 ILCS 5/2-3) (from Ch. 110 1/2, par. 2-3) Sec. 2-3. Posthumous child. (a) For purposes of the descent and distribution of property passing by intestate succession under this Act, a posthumous child of a decedent shall receive the same share of an estate as if the child had be…

(755 ILCS 5/2-4) (from Ch. 110 1/2, par. 2-4) Sec. 2-4. Adopted child. (a) An adopted child is a descendant of the adopting parent for purposes of inheritance from the adopting parent and from the lineal and collateral kindred of the adopting parent and for the purpose of determi…

(755 ILCS 5/2-5) (from Ch. 110 1/2, par. 2-5) Sec. 2-5. Advancements.) (a) In the division and distribution of the estate of an intestate decedent, real or personal estate given by him in his lifetime as an advancement to a descendant is considered as part of the decedent's estat…

(755 ILCS 5/2-6) (from Ch. 110 1/2, par. 2-6) Sec. 2-6. Person causing death. A person who intentionally and unjustifiably causes the death of another shall not receive any property, benefit, or other interest by reason of the death, whether as heir, legatee, beneficiary, joint t…

(755 ILCS 5/2-6.2) Sec. 2-6.2. Financial exploitation, abuse, or neglect of an elderly person or a person with a disability. (a) In this Section: "Abuse" means any offense described in Section 12-1, 12-2, 12-3, 12-3.05, or 12-21 or subsection (b) of Section 12-4.4a of the Crimina…

(755 ILCS 5/2-6.5) Sec. 2-6.5. Parent neglecting child. A parent who, for a period of one year or more immediately before the death of the parent's minor or dependent child, has willfully neglected or failed to perform any duty of support owed to the minor or dependent child or w…

(755 ILCS 5/2-6.6) Sec. 2-6.6. Person convicted of or found civilly liable for certain offenses against the elderly or a person with a disability. (a) A person who is convicted of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, …

(755 ILCS 5/2-7) (from Ch. 110 1/2, par. 2-7) Sec. 2-7. Disclaimer. (a) Right to Disclaim Interest in Property. A person to whom any property or interest therein passes, by whatever means, may disclaim the property or interest in whole or in part by delivering or filing a written…

(755 ILCS 5/2-8) (from Ch. 110 1/2, par. 2-8) Sec. 2-8. Renunciation of will by spouse.) (a) If a will is renounced by the testator's surviving spouse, whether or not the will contains any provision for the benefit of the surviving spouse, the surviving spouse is entitled to the …

(755 ILCS 5/2-9) (from Ch. 110 1/2, par. 2-9) Sec. 2-9. Dower and Curtesy.) There is no estate of dower or curtesy. All inchoate rights to elect to take dower existing on January 1, 1972, are extinguished. (Source: P.A. 80-808.)

(755 ILCS 5/20-1) (from Ch. 110 1/2, par. 20-1) Sec. 20-1. Administration and possession of decedent's real estate.) (a) Except as otherwise provided by subsection (b) of this Section or by decedent's will, every representative shall take possession, subject to the exempt estate …

(755 ILCS 5/20-10) (from Ch. 110 1/2, par. 20-10) Sec. 20-10. Deed or conveyance.) (a) Within 30 days after the court approves report of sale, it is the duty of the representative to execute and deliver to the purchaser a deed or other conveyance conveying the interest of the war…

(755 ILCS 5/20-11) (from Ch. 110 1/2, par. 20-11) Sec. 20-11. Terms of mortgage.) An order authorizing that a mortgage be made must designate the time of the maturity thereof, the amount of the indebtedness and the rate of interest to be paid thereon. (Source: P.A. 79-328.)

(755 ILCS 5/20-12) (from Ch. 110 1/2, par. 20-12) Sec. 20-12. Accounting for proceeds of sale or mortgage.) It is the duty of the representative to account for the proceeds of every sale or mortgage under this Article in his next current or final account filed in the court where …

(755 ILCS 5/20-13) (from Ch. 110 1/2, par. 20-13) Sec. 20-13. Compelling lease, sale or mortgage of real estate.) The court may make all necessary orders to compel the representative to perform such acts as may be necessary to lease, sell or mortgage the real estate or interest t…

(755 ILCS 5/20-14) (from Ch. 110 1/2, par. 20-14) Sec. 20-14. No strict foreclosure.) No order of strict foreclosure may be made upon any mortgage executed or joined in under this Article, but redemption shall be allowed as is provided by law in cases of sale for the enforcement …

(755 ILCS 5/20-15) (from Ch. 110 1/2, par. 20-15) Sec. 20-15. Lease, sale or mortgage of real estate under power in will or under subsection (i) of Section 28-8.) The provisions of this Article for the lease, sale or mortgage of real estate or interest therein do not apply to lea…

(755 ILCS 5/20-16) (from Ch. 110 1/2, par. 20-16) Sec. 20-16. Completion of decedent's contract to purchase real estate.) (a) When a decedent has contracted to purchase real estate and the payment therefor has not been completed, the representative may file a petition in the cour…

(755 ILCS 5/20-17) (from Ch. 110 1/2, par. 20-17) Sec. 20-17. Completion of contract to convey or lease real estate.) Upon petition of a representative of a decedent's or ward's estate or other interested person, the court, without notice or upon such notice as it orders, may dir…

(755 ILCS 5/20-18) (from Ch. 110 1/2, par. 20-18) Sec. 20-18. Effect of proceedings.) All deeds or conveyances executed by a representative to the purchaser under this Act convey to and vest in the purchaser all the estate, right, title and interest, legal or equitable, of the de…

(755 ILCS 5/20-19) (from Ch. 110 1/2, par. 20-19) Sec. 20-19. No exoneration of encumbered interests in real estate.) Except as otherwise expressly provided by decedent's will: (a) When any real estate or leasehold estate in real estate subject to an encumbrance, or any beneficia…

(755 ILCS 5/20-2) (from Ch. 110 1/2, par. 20-2) Sec. 20-2. Leasing real estate. (a) A representative may lease the real estate of a decedent or ward upon such terms and for such length of time not inconsistent with the provisions of the decedent's will, if any, as the court may a…

(755 ILCS 5/20-20) (from Ch. 110 1/2, par. 20-20) Sec. 20-20. Leasing for oil, gas, coal and other mineral developments.) (a) A representative may lease for oil, gas, coal or other mineral development, the real estate or any interest in real estate of the decedent or the ward upo…

(755 ILCS 5/20-21) (from Ch. 110 1/2, par. 20-21) Sec. 20-21. Joining with spouse of ward in sale or mortgage.) By leave of the court and upon such terms as the court directs, a representative of a ward may join in the execution and delivery of a deed or mortgage in the name of t…

(755 ILCS 5/20-22) (from Ch. 110 1/2, par. 20-22) Sec. 20-22. Assent to sale free of ward's interest.) When any court in this State is about to order the sale of real estate in which a ward has an estate of homestead or any other interest, the representative may assent in writing…

(755 ILCS 5/20-23) (from Ch. 110 1/2, par. 20-23) Sec. 20-23. Representative may be authorized to pay taxes.) When it appears to the court that it is for the interest of any estate being administered in that court that the taxes on real estate forming a part of the estate not in …

(755 ILCS 5/20-24) (from Ch. 110 1/2, par. 20-24) Sec. 20-24. Notice of probate - Recorder's filing. (a) If a decedent's estate in supervised or independent administration includes an interest in real estate that is not sold or conveyed by the representative during administration…

(755 ILCS 5/20-3) (from Ch. 110 1/2, par. 20-3) Sec. 20-3. Sale or mortgage of ward's real estate.) By leave of court and upon such terms as the court directs, a representative of a ward may sell or mortgage the ward's real estate or any interest in real estate including the oil,…

(755 ILCS 5/20-4) (from Ch. 110 1/2, par. 20-4) Sec. 20-4. Sale or mortgage of decedent's real estate.) (a) By leave of court and upon such terms as the court directs, a representative of a decedent's estate may sell or mortgage any real estate or interest therein to which the de…

(755 ILCS 5/20-5) (from Ch. 110 1/2, par. 20-5) Sec. 20-5. Procedure for sale or mortgage of real estate.) (a) Before selling or mortgaging real estate, the representative shall file a petition in the court which issued his letters setting forth the facts and circumstances upon w…

(755 ILCS 5/20-6) (from Ch. 110 1/2, par. 20-6) Sec. 20-6. Power of court.) In any proceeding to sell or mortgage real estate the court may: (a) investigate and determine all questions of conflicting and controverted titles arising between any of the parties, remove clouds from a…

(755 ILCS 5/20-7) (from Ch. 110 1/2, par. 20-7) Sec. 20-7. Place and terms of sale. (a) The court may designate the place and manner of holding the sale, whether private or public, and whether for cash or on reasonable credit. The sale may be conducted by means of the Internet or…

(755 ILCS 5/20-8) (from Ch. 110 1/2, par. 20-8) Sec. 20-8. Appointment of appraisers.) The court may appoint 1, 2 or 3 disinterested appraisers, who, after taking an oath fairly to appraise the property, shall go upon the premises, make an appraisal, and report to the court in wr…