Chapter 755 — ESTATES

(755 ILCS 5/24-18) (from Ch. 110 1/2, par. 24-18) Sec. 24-18. Liability for mismanagement.) A representative and the surety on his bond are liable to a successor representative, to a co-representative or to any person aggrieved thereby for any mismanagement of the estate committe…

(755 ILCS 5/24-19) (from Ch. 110 1/2, par. 24-19) Sec. 24-19. Administration of deceased ward's estate.) (a) Without order of appointment and until the issuance of letters testamentary or of administration or until sooner discharged by the court, a representative of the estate of…

(755 ILCS 5/24-2) (from Ch. 110 1/2, par. 24-2) Sec. 24-2. Notice of accounting - effect.) Notice of the hearing on any account of a representative of a decedent's estate shall be given as the court directs to unpaid creditors and to all other interested persons. If the account i…

(755 ILCS 5/24-20) (from Ch. 110 1/2, par. 24-20) Sec. 24-20. Deposit of unclaimed money. Before July 1, 2024, when the receipt of a ward, a distributee of an estate, or a claimant cannot be obtained for money or any other asset of the estate, the representative by leave of court…

(755 ILCS 5/24-21) (from Ch. 110 1/2, par. 24-21) Sec. 24-21. Deposit or investment of money of a ward, subject to court order. (a) If the estate of a ward consists only of money, on the petition of the representative of the estate or of the representative of an estate of which t…

(755 ILCS 5/24-22) (from Ch. 110 1/2, par. 24-22) Sec. 24-22. Interest of administrator of veterans affairs.) The interest of the Administrator of Veterans Affairs in the estate of a ward shall be limited to that part of the estate, invested or uninvested, which is derived from p…

(755 ILCS 5/24-3) (from Ch. 110 1/2, par. 24-3) Sec. 24-3. Order of distribution, abatement and contribution on settlement of estate.) (a) The court may enforce the settlement of estates. On every settlement the court may order the representative of a decedent's estate to pay the…

(755 ILCS 5/24-4) (from Ch. 110 1/2, par. 24-4) Sec. 24-4. Distribution before the expiration of the period when claims are barred.) (a) If it appears that there are sufficient assets to pay all claims against the estate of a decedent, the court may order the representative to pa…

(755 ILCS 5/24-5) (from Ch. 110 1/2, par. 24-5) Sec. 24-5. Distribution on presumption of death - deposit in court or in depositaries.) (a) Before distribution is made to a distributee of the estate of a person presumed to be dead, the distributee or someone for and on behalf of …

(755 ILCS 5/24-6) (from Ch. 110 1/2, par. 24-6) Sec. 24-6. Filing of bond.) After approval by the court, the bonds provided for in Section 24-4 or 24-5 of this Act must be filed with the clerk of the court. (Source: P.A. 79-328.)

(755 ILCS 5/24-7) (from Ch. 110 1/2, par. 24-7) Sec. 24-7. When estate does not exceed surviving spouse's award.) If it appears to the court that the value of the real and personal estate of a decedent after payment of 1st class claims does not exceed the amount of the surviving …

(755 ILCS 5/24-8) (from Ch. 110 1/2, par. 24-8) Sec. 24-8. Accounting to distributee.) If a representative has taken possession of all or a part of the estate of the decedent and refuses or fails to pay the claims, to account or to pay the distributive share to any distributee in…

(755 ILCS 5/24-9) (from Ch. 110 1/2, par. 24-9) Sec. 24-9. Reopening estate.) If a decedent's estate has been closed and the representative discharged, it may be reopened to permit the administration of a newly discovered asset or of an unsettled portion of the estate on the peti…

(755 ILCS 5/25-1) (from Ch. 110 1/2, par. 25-1) Sec. 25-1. Payment or delivery of small estate of decedent upon affidavit. (a) When any person, corporation, or financial institution (1) indebted to or holding personal estate of a decedent, (2) controlling the right of access to d…

(755 ILCS 5/25-2) (from Ch. 110 1/2, par. 25-2) Sec. 25-2. When appointment of representative of ward unnecessary.) Upon receiving an affidavit that the personal estate of a ward does not exceed $10,000 in value, that no representative has been appointed for his estate and that t…

(755 ILCS 5/25-3) (from Ch. 110 1/2, par. 25-3) Sec. 25-3. Recovery upon refusal to pay or deliver.) If a person or corporation to whom an affidavit under Section 25-1 or Section 25-2 is delivered refuses to pay, deliver, transfer or issue the personal estate as provided by this …

(755 ILCS 5/25-4) (from Ch. 110 1/2, par. 25-4) Sec. 25-4. Sale of small real estate interest of ward. If the interest of a ward in any parcel of real estate does not exceed $2,500 in value and a private sale thereof can be made for cash, the interest may be sold as provided in t…

(755 ILCS 5/26-1) (from Ch. 110 1/2, par. 26-1) Sec. 26-1. Appeals.) Appeals may be taken as in other civil cases. (Source: P.A. 80-808.)

(755 ILCS 5/26-2) (from Ch. 110 1/2, par. 26-2) Sec. 26-2. Effect of appeal from order.) An appeal from an order (a) appointing an administrator to collect or a temporary guardian, (b) removing a representative for any cause listed in Section 23-2 or (c) appointing a successor to…

(755 ILCS 5/26-3) Sec. 26-3. Effect of post-judgment motions. Unless stayed by the court, an order adjudicating a person as a person with a disability and appointing a plenary, limited, or successor guardian pursuant to Section 11a-3, 11a-12, 11a-14, or 11a-15 of this Act shall n…

(755 ILCS 5/27-1) (from Ch. 110 1/2, par. 27-1) Sec. 27-1. Fees of representative. A representative is entitled to reasonable compensation for his services, but no fees, charges or other compensation may be allowed a public administrator for services performed in administering th…

(755 ILCS 5/27-2) (from Ch. 110 1/2, par. 27-2) Sec. 27-2. Attorney's fees.) (a) The attorney for a representative is entitled to reasonable compensation for his services. (b) An attorney who withdraws from representing a representative must file a petition for fees and costs wit…

(755 ILCS 5/27-3) (from Ch. 110 1/2, par. 27-3) Sec. 27-3. Duties of a guardian ad litem.) A guardian ad litem appointed under this Act shall file an answer, appear and defend on behalf of the ward or person not in being whom he represents. (Source: P.A. 79-328.)

(755 ILCS 5/27-4) (from Ch. 110 1/2, par. 27-4) Sec. 27-4. Compensation of a guardian ad litem or special administrator.) A guardian ad litem or special administrator is entitled to such reasonable compensation as may be fixed by the court to be taxed as costs in the proceedings …

(755 ILCS 5/27-5) (from Ch. 110 1/2, par. 27-5) Sec. 27-5. Selection of guardian ad litem or special administrator.) The person appointed as guardian ad litem or special administrator under this Act may not be selected upon the recommendation of any person having an interest adve…

(755 ILCS 5/27-6) (from Ch. 110 1/2, par. 27-6) Sec. 27-6. Actions which survive. In addition to the actions which survive by the common law, the following also survive: actions of replevin, actions to recover damages, including punitive damages when applicable, for an injury to …

(755 ILCS 5/27-7) (from Ch. 110 1/2, par. 27-7) Sec. 27-7. Joint tax returns.) Unless otherwise directed by the decedent in his will, a representative may join with the spouse of the decedent or of the ward in the making of a joint federal or state income tax return for the deced…

(755 ILCS 5/27-8) (from Ch. 110 1/2, par. 27-8) Sec. 27-8. Publication of notice in county in which no newspaper is published.) When a notice is required by this Act to be published in a newspaper in a particular county and there is no newspaper published in that county, the noti…

(755 ILCS 5/27-9) (from Ch. 110 1/2, par. 27-9) Sec. 27-9. Publication of notice by clerk.) When the clerk of the court is required by this Act to publish a notice in a newspaper, the representative or his attorney has the right to direct in what newspaper the notice shall be pub…

(755 ILCS 5/28-1) (from Ch. 110 1/2, par. 28-1) Sec. 28-1. Purpose and scope of Article.) This Article permits an executor or administrator to administer the estate without court order or filings, except to the extent that court order or filing is required by this Article or is r…

(755 ILCS 5/28-10) (from Ch. 110 1/2, par. 28-10) Sec. 28-10. Distribution.) (a) If it appears to the independent representative that there are sufficient assets to pay all claims, the independent representative may at any time or times distribute the estate to the persons entitl…

(755 ILCS 5/28-11) (from Ch. 110 1/2, par. 28-11) Sec. 28-11. Closing the estate. (a) An independent representative is accountable to all interested persons for his administration and distribution of the estate but need not present an account to the court unless an interested per…

(755 ILCS 5/28-12) (from Ch. 110 1/2, par. 28-12) Sec. 28-12. Notice.) Notice or other information mailed to an interested person at his last address known to the sender shall be deemed given to the person for all purposes of this Article at the time of mailing. (Source: P.A. 81-…

(755 ILCS 5/28-2) (from Ch. 110 1/2, par. 28-2) Sec. 28-2. Order for independent administration - notice of appointment of independent administrator.) (a) Unless the will, if any, expressly forbids independent administration or supervised administration is required under subsecti…

(755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3) Sec. 28-3. Protection of persons under disability during independent administration.) (a) A personal fiduciary acting pursuant to this Article has full power and the responsibility to protect the interests of his ward during indepen…

(755 ILCS 5/28-4) (from Ch. 110 1/2, par. 28-4) Sec. 28-4. Termination of independent administration status.) (a) Upon petition by any interested person, mailed or delivered to the clerk of the court, the court shall enter an order terminating the independent administration statu…

(755 ILCS 5/28-5) (from Ch. 110 1/2, par. 28-5) Sec. 28-5. Court proceedings during independent administration.) At any time or times during independent administration any interested person may petition the court for a hearing and order as to any matter germane to the administrat…

(755 ILCS 5/28-6) (from Ch. 110 1/2, par. 28-6) Sec. 28-6. Service of inventory.) (a) Not less than 30 days prior to filing of the verified report required by Section 28-11, an independent representative shall mail or deliver a copy of an inventory of the estate to each intereste…

(755 ILCS 5/28-7) (from Ch. 110 1/2, par. 28-7) Sec. 28-7. Spouse and child awards.) (a) When an award under Section 15-1 or 15-2 is allowable and is not waived or barred, an independent representative may pay the award determined under Section 15-1 or 15-2 without application to…

(755 ILCS 5/28-8) (from Ch. 110 1/2, par. 28-8) Sec. 28-8. Administrative powers. An independent representative acting reasonably for the best interests of the estate has the powers granted in the will and the following powers, all exercisable without court order, except to the e…

(755 ILCS 5/28-9) (from Ch. 110 1/2, par. 28-9) Sec. 28-9. Protection of persons dealing with an independent representative.) No person dealing with an independent representative is obliged to inquire as to the independent representative's powers under any will or court order or …

(755 ILCS 5/3-1) (from Ch. 110 1/2, par. 3-1) Sec. 3-1. No sufficient evidence of survivorship.) If the title to property or its devolution depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously and there is no …

(755 ILCS 5/3-2) (from Ch. 110 1/2, par. 3-2) Sec. 3-2. Uniformity of interpretation.) This Article shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact similar statutes. (Source: P.A. 79-328.)

(755 ILCS 5/30-1) (from Ch. 110 1/2, par. 30-1) Sec. 30-1. Repeal.) The "Probate Act", approved July 24, 1939, as amended, is repealed. (Source: P.A. 79-328.)

(755 ILCS 5/30-2) (from Ch. 110 1/2, par. 30-2) Sec. 30-2. Savings clause.) The provisions for repeal contained in this Act shall not in any way: (a) affect an offense committed, an act done, a penalty, punishment or forfeiture incurred, or a claim, right, power or remedy accrued…

(755 ILCS 5/30-3) (from Ch. 110 1/2, par. 30-3) Sec. 30-3. Effective date of Act.) This Act shall take effect on January 1, 1976. (Source: P.A. 79-328.)

(755 ILCS 5/4-1) (from Ch. 110 1/2, par. 4-1) Sec. 4-1. Capacity of testator. (a) Every person who has attained the age of 18 years and is of sound mind and memory has power to bequeath by will the real and personal estate which he has at the time of his death. (b) Except as stat…

(755 ILCS 5/4-10) (from Ch. 110 1/2, par. 4-10) Sec. 4-10. Effect of child born after will.) Unless provision is made in the will for a child of the testator born after the will is executed or unless it appears by the will that it was the intention of the testator to disinherit t…

(755 ILCS 5/4-11) (from Ch. 110 1/2, par. 4-11) Sec. 4-11. Legacy to a deceased legatee.) Unless the testator expressly provides otherwise in his will, (a) if a legacy of a present or future interest is to a descendant of the testator who dies before or after the testator, the de…

(755 ILCS 5/4-13) (from Ch. 110 1/2, par. 4-13) Sec. 4-13. Effect of order admitting will to probate.) Every will when admitted to probate as provided by this Act is effective to transfer the real and personal estate of the testator bequeathed in that will. (Source: P.A. 79-328.)…