Chapter 755, ESTATES

(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 32/15) (This Section may contain text from a Public Act with a delayed effective date) Sec. 15. Charitable organization affidavit of interest in property. (a) If a charitable organization is a beneficiary of an interest in property created by beneficiary designation, th…

(755 ILCS 66/15) (Section scheduled to be repealed on December 31, 2027) Sec. 15. Donation of unclaimed cadavers in the custody of the State. (a) The director of any State facility in custody of a cadaver shall make reasonable efforts to contact a family member or other person re…

(755 ILCS 9/15) (Text of Section before amendment by P.A. 104-663) Sec. 15. Presumption of capability. (a) All adults are presumed to be capable of making decisions regarding daily living and to have capacity unless otherwise determined by a court. A diagnosis of mental illness, …

(755 ILCS 43/15) Sec. 15. Designation of attorney-in-fact. A declaration may designate a competent adult to act as attorney-in-fact to make decisions about mental health treatment. An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original d…

(755 ILCS 70/15) Sec. 15. Fiduciary duty and authority. (a) (Blank). (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) except as otherwise provided in Section 4, is subject to the applicable terms of service; (2) is subject to ot…

(755 ILCS 40/15) (from Ch. 110 1/2, par. 851-15) Sec. 15. Applicability. This Act applies to patients who lack decisional capacity or who have a qualifying condition. This Act does not apply to instances in which the patient has an operative and unrevoked living will under the Il…

(755 ILCS 65/15) Sec. 15. Requirements for written instrument under paragraph (1) of Section 5 of this Act. A written instrument is legally sufficient under paragraph (1) of Section 5 if the wording of the instrument complies substantially with Section 10, the instrument is prope…

(755 ILCS 27/15) Sec. 15. Non-exclusivity. This Act does not affect any method of transferring real property otherwise permitted under the law of this State. (Source: P.A. 102-68, eff. 1-1-22.)

(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 70/16) Sec. 16. Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under Sections 7 through 15, a custodian shall comply with a request under this Act from a fiduciary or designated recipient to disclose digital asset…

(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 70/17) Sec. 17. (Blank). (Source: P.A. 99-775, eff. 8-12-16.)

(755 ILCS 70/18) Sec. 18. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Sectio…

(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…

(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 70/19) Sec. 19. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or applicatio…

(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…