Chapter 755, ESTATES

(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 20/2) (from Ch. 49, par. 2) Sec. 2. In case the estate consists of personal property, letters of office shall be granted thereon, as in other cases, and the same shall be administered in conformity with the probate laws of this State. Should there be any balance left in…

(755 ILCS 70/2) Sec. 2. Definitions. In this Act: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means…

(755 ILCS 10/2) (from Ch. 110 1/2, par. 52) Sec. 2. International will; validity. (a) A will is valid as regards form, irrespective particularly of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is m…

(755 ILCS 75/2) Sec. 2. Definitions. In this Act: (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) "Collateral" means an individual who is related to another individual under the law of int…

(755 ILCS 30/2) (from Ch. 110 1/2, par. 402) Sec. 2. This act shall apply to such designations made before or after the effective date of this act by persons who die on or after said date. This act shall not be deemed to create any implication of invalidity as to any designation,…

(755 ILCS 35/2) (from Ch. 110 1/2, par. 702) Sec. 2. Definitions. In this Act: (a) "Attending physician" means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient. (b) "Declaration" means a witnessed docu…

(755 ILCS 25/2) (from Ch. 110 1/2, par. 602) Sec. 2. This Act takes effect upon becoming a law and applies to savings account trusts established on or after its effective date, and as to all other transfers this Act is declaratory of existing law. (Source: P.A. 80-737.)

(755 ILCS 45/2-1) (from Ch. 110 1/2, par. 802-1) Sec. 2-1. Purpose. The General Assembly recognizes that each individual has the right to appoint an agent to make property, financial, personal, and health care decisions for the individual but that this right cannot be fully effec…

(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 45/2-10) (from Ch. 110 1/2, par. 802-10) Sec. 2-10. Agency-court relationship. (a) Upon petition by any interested person, notice to the agent, principal, and interested persons as the court directs and a finding by the court that the principal lacks either the capacity…

(755 ILCS 45/2-10.3) Sec. 2-10.3. Successor agents. (a) A principal may designate one or more successor agents to act if an initial or predecessor agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to anoth…

(755 ILCS 45/2-10.5) Sec. 2-10.5. Co-agents. (a) Co-agents may not be named by a principal in a statutory short form power of attorney for property under Article III or a statutory short form power of attorney for health care under Article IV. In the event that co-agents are name…

(755 ILCS 45/2-10.6) Sec. 2-10.6. Power of attorney executed in another state or country; pre-existing powers of attorney. (a) A power of attorney executed in another state or country is valid and enforceable in this State if its creation complied when executed with: (1) the law …

(755 ILCS 45/2-11) (from Ch. 110 1/2, par. 802-11) Sec. 2-11. Saving clause. This Act does not in any way invalidate any agency executed or any act of any agent done, or affect any claim, right or remedy that accrued, prior to September 22, 1987. This amendatory Act of the 96th G…

(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 45/2-2) (from Ch. 110 1/2, par. 802-2) Sec. 2-2. Short Title. This Article shall be known and may be cited as the "Durable Power of Attorney Law". (Source: P.A. 85-701.)

(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 45/2-3) (from Ch. 110 1/2, par. 802-3) Sec. 2-3. Definitions. As used in this Act: (a) "Agency" means the written power of attorney or other instrument of agency governing the relationship between the principal and agent or the relationship, itself, as appropriate to th…

(755 ILCS 45/2-4) (from Ch. 110 1/2, par. 802-4) Sec. 2-4. Applicability. (a) The principal may specify in the agency the event or time when the agency will begin and terminate, the mode of revocation or amendment and the rights, powers, duties, limitations, immunities and other …

(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 45/2-5) (from Ch. 110 1/2, par. 802-5) Sec. 2-5. Duration of agency - amendment and revocation. Unless the agency states an earlier termination date, the agency continues until the death of the principal, notwithstanding any lapse of time, the principal's disability or …

(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 45/2-6) (from Ch. 110 1/2, par. 802-6) Sec. 2-6. Effect of disability-divorce. (a) All acts of the agent within the scope of the agency during any period of disability, incapacity or incompetency of the principal have the same effect and inure to the benefit of and bind…

(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 45/2-7) (from Ch. 110 1/2, par. 802-7) (Text of Section before amendment by P.A. 104-465) Sec. 2-7. Duty - standard of care - record-keeping - exoneration. (a) The agent shall be under no duty to exercise the powers granted by the agency or to assume control of or respo…

(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 45/2-8) (from Ch. 110 1/2, par. 802-8) (Text of Section before amendment by P.A. 104-609) Sec. 2-8. Reliance on document purporting to establish an agency. (a) Any person who acts in good faith reliance on a copy of a document purporting to establish an agency will be f…

(755 ILCS 45/2-9) (from Ch. 110 1/2, par. 802-9) Sec. 2-9. Preservation of estate plan and trusts. In exercising powers granted under the agency, including powers of amendment or revocation and powers to expend or withdraw property passing by trust, contract or beneficiary design…

(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 32/20) (This Section may contain text from a Public Act with a delayed effective date) Sec. 20. Duties of the holder of the property. (a) Unless a court has ordered otherwise, the holder of the property may not do any of the following: (1) require the charitable organiz…

(755 ILCS 27/20) Sec. 20. Transfer on death instrument authorized. An owner may transfer real property by a transfer on death instrument to one or more beneficiaries in any form of ownership valid under State law, concurrent or successive, absolute or conditional, contingent or v…

(755 ILCS 43/20) Sec. 20. Signatures required. (a) A declaration is effective only if it is signed by the principal, and 2 competent adult witnesses. The witnesses must attest that the principal is known to them, signed the declaration in their presence and appears to be of sound…

(755 ILCS 9/20) Sec. 20. Supporter disqualifications. The following persons are disqualified from acting as a supporter: (1) a person who is an employer or employee of the principal, unless the person is an immediate family member of the principal; (2) a person directly providing…

(755 ILCS 40/20) (from Ch. 110 1/2, par. 851-20) Sec. 20. Private decision making process. (a) Decisions whether to forgo life-sustaining or any other form of medical treatment involving an adult patient with decisional capacity may be made by that adult patient. (b) Decisions wh…

(755 ILCS 70/20) Sec. 20. (Amendatory provisions; text omitted). (Source: P.A. 99-775, eff. 8-12-16; text omitted.)

(755 ILCS 65/20) Sec. 20. Duties of authorized agent. (a) A person listed in Section 5 has the right, duty, and liability provided by that Section only if there is no person in a priority listed before the person. (b) If any person who would otherwise have the right to control di…

(755 ILCS 66/20) (Section scheduled to be repealed on December 31, 2027) Sec. 20. Institution of medical, mortuary, or other sciences. (a) A qualified medical science institution receiving a cadaver pursuant to Section 15 of this Act shall: (1) hold the cadaver at its facility fo…

(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…