Chapter 755 — ESTATES

(755 ILCS 5/4-14) (from Ch. 110 1/2, par. 4-14) Sec. 4-14. Intestate estate of testator.) The real and personal estate of a testator that is not bequeathed by his will descends and shall be distributed as intestate estate. (Source: P.A. 79-328.)

(755 ILCS 5/4-15) (from Ch. 110 1/2, par. 4-15) Sec. 4-15. Debtor as executor.) The appointment of the debtor of the testator as executor of his will does not extinguish any debt due from the executor to the testator, unless the testator in the will expressly declares his intenti…

(755 ILCS 5/4-2) (from Ch. 110 1/2, par. 4-2) Sec. 4-2. (Repealed). (Source: P.A. 89-364, eff. 8-18-95. Repealed by P.A. 100-1044, eff. 1-1-19.)

(755 ILCS 5/4-3) (from Ch. 110 1/2, par. 4-3) Sec. 4-3. Signing and attestation. (a) Every will shall be in writing, signed by the testator or by some person in his presence and by his direction and attested in the presence of the testator by 2 or more credible witnesses. (b) A w…

(755 ILCS 5/4-4) (from Ch. 110 1/2, par. 4-4) Sec. 4-4. Testamentary additions to trusts.) By a will signed and attested as provided in this Act a testator may bequeath or appoint real and personal estate to a trustee of a trust evidenced by an instrument, including the will of a…

(755 ILCS 5/4-5) (from Ch. 110 1/2, par. 4-5) Sec. 4-5. Insurance and death benefits payable to testamentary trustee.) A person having the right to designate a beneficiary of benefits payable under any insurance, annuity or endowment contract (including any agreement issued or en…

(755 ILCS 5/4-6) (from Ch. 110 1/2, par. 4-6) Sec. 4-6. Beneficiary or creditor as witness.) (a) If any beneficial legacy or interest is given in a will to a person attesting its execution or to his spouse, the legacy or interest is void as to that beneficiary and all persons cla…

(755 ILCS 5/4-7) (from Ch. 110 1/2, par. 4-7) Sec. 4-7. Revocation - revival.) (a) A will may be revoked only (1) by burning, cancelling, tearing or obliterating it by the testator himself or by some person in his presence and by his direction and consent, (2) by the execution of…

(755 ILCS 5/4-8) (from Ch. 110 1/2, par. 4-8) Sec. 4-8. Contract for sale.) If after making his will the testator makes a contract for the sale or transfer of real or personal property specifically bequeathed therein and the whole or any part of the contract remains executory at …

(755 ILCS 5/4-9) (from Ch. 110 1/2, par. 4-9) Sec. 4-9. Effect of alteration. An addition to a will or an alteration, substitution, interlineation or deletion of any part of a will which does not constitute a revocation of a will is of no effect, unless made by the testator or by…

(755 ILCS 5/4a-10) Sec. 4a-10. Presumption of void transfer. (a) In any civil action in which a transfer instrument is being challenged, there is a rebuttable presumption, except as provided in Section 4a-15, that the transfer instrument is void if the transferee is a caregiver a…

(755 ILCS 5/4a-15) Sec. 4a-15. Exceptions. The rebuttable presumption established by Section 4a-10 can be overcome if the transferee proves to the court either: (1) by a preponderance of evidence that the transferee's share under the transfer instrument is not greater than the sh…

(755 ILCS 5/4a-20) Sec. 4a-20. Common law. The provisions of this Article do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of this Article. Notwithstanding the limited definition of "care…

(755 ILCS 5/4a-25) Sec. 4a-25. Attorney's fees and costs. If the caregiver attempts and fails to overcome the presumption under Section 4a-15, the caregiver shall bear the costs of the proceedings, including, without limitation, reasonable attorney's fees. (Source: P.A. 98-1093, …

(755 ILCS 5/4a-30) Sec. 4a-30. No independent duty. The rebuttable presumption set forth in Section 4a-10 of this Article applies only in a civil action in which a transfer instrument is being challenged, and does not create or impose an independent duty on any financial institut…

(755 ILCS 5/4a-35) Sec. 4a-35. Applicability. This Article applies only to transfer instruments executed after the effective date of this amendatory Act of the 98th General Assembly. (Source: P.A. 98-1093, eff. 1-1-15.)

(755 ILCS 5/4a-5) Sec. 4a-5. Definitions. As used in this Article: (1) "Caregiver" means a person who voluntarily, or in exchange for compensation, has assumed responsibility for all or a portion of the care of another person who needs assistance with activities of daily living. …

(755 ILCS 5/5-1) (from Ch. 110 1/2, par. 5-1) Sec. 5-1. Place of probate of will or of administration of estate.) When the will of a testator is probated or when the estate of a decedent or missing person is administered in this State, the probate or the administration shall be i…

(755 ILCS 5/5-2) (from Ch. 110 1/2, par. 5-2) Sec. 5-2. Situs of personal estate of nonresident decedent or missing person.) For the purpose of granting administration of both testate and intestate estates of nonresident decedents or estates of nonresident missing persons, the si…

(755 ILCS 5/5-3) (from Ch. 110 1/2, par. 5-3) Sec. 5-3. Power to ascertain and declare heirship - evidence.) (a) The court may ascertain and declare the heirship of any decedent to be entered of record in the court at any time during the administration of the estate without furth…

(755 ILCS 5/6-1) (from Ch. 110 1/2, par. 6-1) Sec. 6-1. Duty to file will - altering, destroying or secreting.) (a) Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county a…

(755 ILCS 5/6-10) (from Ch. 110 1/2, par. 6-10) Sec. 6-10. Notice - waiver.) (a) Not more than 14 days after entry of an order admitting or denying admission of a will to probate or appointing a representative, the representative or, if none, the petitioner must mail a copy of th…

(755 ILCS 5/6-11) (from Ch. 110 1/2, par. 6-11) Sec. 6-11. Omitted or unnotified heir or legatee.) (a) If it appears after entry of an order admitting or denying admission of a will to probate that an heir or legatee was omitted from the petition to admit the will to probate or, …

(755 ILCS 5/6-12) (from Ch. 110 1/2, par. 6-12) Sec. 6-12. Appointment of guardian ad litem.) When an heir or legatee of a testator is a minor or person with a disability who is entitled to notice under Section 6-10 at the time an order is entered admitting or denying admission o…

(755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13) Sec. 6-13. Who may act as executor. (a) A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged person with a disability as defined in this Act, is not currently …

(755 ILCS 5/6-14) (from Ch. 110 1/2, par. 6-14) Sec. 6-14. Power of executor before issuance of letters.) Before issuance of letters to an executor his power extends to the carrying out of any gift of the decedent's body or any part thereof, to the burial of the decedent, the pay…

(755 ILCS 5/6-15) (from Ch. 110 1/2, par. 6-15) Sec. 6-15. Executor to administer all estate of decedent. (a) The executor or the administrator with the will annexed shall administer all the testate and intestate estate of the decedent. (b) Any person doing business or performing…

(755 ILCS 5/6-16) (from Ch. 110 1/2, par. 6-16) Sec. 6-16. Power of administrator with the will annexed.) Unless otherwise expressly provided by the will, an administrator with the will annexed has all the powers and duties of the executor under the will, but this does not excuse…

(755 ILCS 5/6-17) (from Ch. 110 1/2, par. 6-17) Sec. 6-17. Witness to appear for probate - penalty.) It is the duty of a witness to any will executed in this State to appear before the court at the hearing on the admission of the will to probate and testify concerning the executi…

(755 ILCS 5/6-18) (from Ch. 110 1/2, par. 6-18) Sec. 6-18. Will as evidence.) An authenticated copy of a domestic or foreign will and of the order admitting it or denying it to probate are evidence in any court in this State. (Source: P.A. 79-328.)

(755 ILCS 5/6-19) (from Ch. 110 1/2, par. 6-19) Sec. 6-19. Judge as witness.) If a judge is a witness to a will which is required by law to be proved before him, another judge shall be designated to take the testimony of witnesses to the will and to decide whether or not the will…

(755 ILCS 5/6-2) (from Ch. 110 1/2, par. 6-2) Sec. 6-2. Petition to admit will or to issue letters.) Anyone desiring to have a will admitted to probate must file a petition therefor in the court of the proper county. The petition must state, if known: (a) the name and place of re…

(755 ILCS 5/6-20) (from Ch. 110 1/2, par. 6-20) Sec. 6-20. Petition to admit will to probate on presumption of death of testator - notice.) (a) Anyone desiring to have a will admitted to probate on the presumption of death of the testator must file a petition therefor in the cour…

(755 ILCS 5/6-21) (from Ch. 110 1/2, par. 6-21) Sec. 6-21. Formal proof of will.) If a will has been admitted to probate before notice in accordance with Section 6-4, any person entitled to notice under Section 6-10 may file a petition within 42 days after the effective date of t…

(755 ILCS 5/6-3) (from Ch. 110 1/2, par. 6-3) Sec. 6-3. Duty of executor to present will for probate.) (a) Within 30 days after a person acquires knowledge that he is named as executor of the will of a deceased person, he shall either institute a proceeding to have the will admit…

(755 ILCS 5/6-4) (from Ch. 110 1/2, par. 6-4) Sec. 6-4. Admission of will to probate - testimony or affidavit of witnesses.) (a) When each of 2 attesting witnesses to a will states that (1) he was present and saw the testator or some person in his presence and by his direction si…

(755 ILCS 5/6-5) (from Ch. 110 1/2, par. 6-5) Sec. 6-5. Deposition of witness. When a witness to a will or other party who shall testify to have a will admitted to probate resides outside the county in which the will is offered for probate or is unable to attend court and can be …

(755 ILCS 5/6-6) (from Ch. 110 1/2, par. 6-6) Sec. 6-6. Proof of handwriting of a deceased or inaccessible witness or a witness with a disability. (a) If a witness to a will or other party who shall testify to have a will admitted (1) is dead, (2) is blind, (3) is mentally or phy…

(755 ILCS 5/6-7) (from Ch. 110 1/2, par. 6-7) Sec. 6-7. Will to remain with clerk.) All original wills which are admitted to probate shall remain in the custody of the clerk, unless otherwise ordered by the court. (Source: P.A. 81-213.)

(755 ILCS 5/6-8) (from Ch. 110 1/2, par. 6-8) Sec. 6-8. Issuance of letters testamentary.) When a will is admitted to probate, letters testamentary shall be issued to the executor named in the will if he qualifies and accepts the office, unless the issuance of letters is excused.…

(755 ILCS 5/6-9) (from Ch. 110 1/2, par. 6-9) Sec. 6-9. Failure or refusal to qualify - death, resignation or revocation of letters - non-designation.) Unless otherwise provided by the will, (a) if one of several executors named in the will fails or refuses to qualify and accept …

(755 ILCS 5/7-1) (from Ch. 110 1/2, par. 7-1) Sec. 7-1. Foreign will admitted to probate.) A will signed by the testator when proved as provided in this Article may be admitted to probate in this State when (a) the will has been admitted to probate outside of this State or (b) th…

(755 ILCS 5/7-2) (from Ch. 110 1/2, par. 7-2) Sec. 7-2. Procedure for probate of foreign will.) The provisions of this Act concerning the procedure for the admission to probate of a domestic will govern the procedure for the admission to probate of a foreign will sought to be adm…

(755 ILCS 5/7-3) (from Ch. 110 1/2, par. 7-3) Sec. 7-3. Proof of foreign will by copy.) (a) A written will admitted to probate outside of this State is sufficiently proved to admit it to probate in this State by introducing in evidence an authenticated copy of the will and the pr…

(755 ILCS 5/7-4) (from Ch. 110 1/2, par. 7-4) Sec. 7-4. Original proof of foreign will in this State.) (a) A will executed outside of this State in accordance with this Act is sufficiently proved to admit it to probate in this State when proved in this State in the manner provide…

(755 ILCS 5/7-5) (from Ch. 110 1/2, par. 7-5) Sec. 7-5. Effect of probate of foreign will.) The admission to probate in this State of a will executed and proved in the manner provided by this Article has the same effect in all respects as the admission to probate of a domestic wi…

(755 ILCS 5/7-6) (from Ch. 110 1/2, par. 7-6) Sec. 7-6. Disposition of personal estate of nonresident decedent.) If a nonresident decedent who is a citizen of the United States or a citizen or subject of a foreign country, provides in his will that the testamentary disposition of…

(755 ILCS 5/8-1) (from Ch. 110 1/2, par. 8-1) Sec. 8-1. Contest of admission of will to probate; notice. (a) Within 6 months after the admission to probate of a domestic will in accordance with the provisions of Section 6-4 or Section 20-20 or 20-25 of the Electronic Wills, Elect…

(755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2) Sec. 8-2. Contest of denial of admission of will to probate. (a) Within 6 months after the entry of an order denying admission to probate of a domestic will in accordance with the provisions of Section 6-4 or Section 20-20 or 20-25 of…

(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1) Sec. 9-1. Who may act as administrator. A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged person with a disability as defined in this Act and has not been con…