Chapter 755 — ESTATES

(755 ILCS 5/9-10) (from Ch. 110 1/2, par. 9-10) Sec. 9-10. Omitted or unnotified heir. If it appears after entry of an order directing that original letters of office issue to an administrator that a person entitled to notice under subsection (a) or (b) of Section 9-5 or under Se…

(755 ILCS 5/9-2) (from Ch. 110 1/2, par. 9-2) Sec. 9-2. Issuance of letters of administration.) When a person dies intestate, letters of administration shall be issued in accordance with the preferences in Section 9-3 upon petition therefor, unless the issuance of letters is excu…

(755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3) Sec. 9-3. Persons entitled to preference in obtaining letters. The following persons are entitled to preference in the following order in obtaining the issuance of letters of administration and of administration with the will annexed:…

(755 ILCS 5/9-4) (from Ch. 110 1/2, par. 9-4) Sec. 9-4. Petition to issue letters.) Anyone desiring to have letters of administration issued on the estate of an intestate decedent shall file a petition therefor in the court of the proper county. The petition shall state, if known…

(755 ILCS 5/9-5) (from Ch. 110 1/2, par. 9-5) Sec. 9-5. Notice-Waiver.) (a) Not less than 30 days before the hearing on the petition to issue letters, the petitioner shall mail a copy of the petition, endorsed with the time and place of the hearing, to each person named in the pe…

(755 ILCS 5/9-6) (from Ch. 110 1/2, par. 9-6) Sec. 9-6. Petition to issue letters on presumption of death of decedent - notice - waiver.) (a) Anyone desiring to have original letters of administration issued on the presumption of death of the decedent shall file a petition theref…

(755 ILCS 5/9-7) (from Ch. 110 1/2, par. 9-7) Sec. 9-7. Revocation of letters and issuance of new letters of administration - preference.) If the petitioner has not mailed, as provided in this Article, a copy of the petition for letters of administration to any person, whether or…

(755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8) Sec. 9-8. Distribution on summary administration. Upon the filing of a petition therefor in the court of the proper county by any interested person and after ascertainment of heirship of the decedent and admission of the will, if any,…

(755 ILCS 5/9-9) (from Ch. 110 1/2, par. 9-9) Sec. 9-9. Payment or delivery of personal estate on order for summary administration.) Upon receipt of an authenticated copy of the order of the court, as provided in Section 9-8, any person or corporation indebted to or holding the p…

(755 ILCS 6/1-1) Sec. 1-1. Short title. This Act may be cited as the Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act. (Source: P.A. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)

(755 ILCS 6/1-10) Sec. 1-10. Applicability. Any document executed under this Act is executed in this State; however, executing a document under this Act does not automatically confer jurisdiction in the courts of this State. (Source: P.A. 102-167, eff. 7-26-21.)

(755 ILCS 6/1-15) Sec. 1-15. Relation to Probate Act of 1975, other statutes, and common law. All electronic wills, paper copies of electronic wills, and wills attested to under this Act are subject to all requirements of the Probate Act of 1975 and the common law, but to the ext…

(755 ILCS 6/1-20) Sec. 1-20. Definitions. As used in this Act: "Audio-video communication" means communication by which a person can hear, see, and communicate with another person in real time using electronic means. A person's visual or hearing impairment does not prohibit or li…

(755 ILCS 6/1-5) Sec. 1-5. Purpose. The purpose of this Act is to provide for: (1) the valid execution, attestation, self-proving, and probate of electronic wills, paper copies of electronic wills, and wills attested to by witnesses through audio-video communication; (2) the vali…

(755 ILCS 6/10-10) Sec. 10-10. Creation of a certified paper copy. (a) A certified paper copy is a paper copy of an electronic record that has been certified by the person who converts the electronic record to a paper copy. (b) The person certifying a paper copy shall state the f…

(755 ILCS 6/10-15) Sec. 10-15. Witnessing a certified paper copy. (a) A certified paper copy of an electronic record may be witnessed after it is prepared. The witness shall be in the signer's presence when the signer acknowledges the electronic signature as the signer's act. (b)…

(755 ILCS 6/10-5) Sec. 10-5. Certified paper copy. Where a rule of law requires information to be presented or retained in its original form, or provides consequences for the information not being presented or retained in its original form, that rule of law is satisfied by a cert…

(755 ILCS 6/11-10) Sec. 11-10. Scope. (a) Except as provided in subsection (b), this Article applies to an electronic nontestamentary estate planning document and an electronic signature on a nontestamentary estate planning document. (b) This Article does not apply to a nontestam…

(755 ILCS 6/11-15) Sec. 11-15. Principles of law and equity. The law of this State and principles of equity applicable to a nontestamentary estate planning document apply to an electronic nontestamentary estate planning document except as modified by this Article. (Source: P.A. 1…

(755 ILCS 6/11-20) Sec. 11-20. Use of electronic record or signature not required. (a) This Article does not require a nontestamentary estate planning document or signature on a nontestamentary estate planning document to be created, generated, sent, communicated, received, store…

(755 ILCS 6/11-25) Sec. 11-25. Recognition of electronic nontestamentary estate planning document and electronic signature. (a) A nontestamentary estate planning document or a signature on a nontestamentary estate planning document may not be denied legal effect or enforceability…

(755 ILCS 6/11-30) Sec. 11-30. Attribution and effect of electronic record and electronic signature. (a) An electronic nontestamentary estate planning document or electronic signature on an electronic nontestamentary estate planning document is attributable to a person if it was …

(755 ILCS 6/11-35) Sec. 11-35. Notarization and acknowledgment. If other law of this State or a will or the terms of a trust require or permit a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied with respect to an electr…

(755 ILCS 6/11-40) Sec. 11-40. Witnessing and attestation. (a) If other law of this State or a will or the terms of a trust base the validity of a nontestamentary estate planning document on whether it is signed, witnessed, or attested by another individual, the signature, witnes…

(755 ILCS 6/11-45) Sec. 11-45. Retention of electronic record; original. (a) Except as provided in subsection (b), if other law of this State requires an electronic nontestamentary estate planning document to be retained, transmitted, copied, or filed, the requirement is satisfie…

(755 ILCS 6/11-5) Sec. 11-5. Construction. This Article shall be construed and applied to: (1) facilitate electronic estate planning documents and signatures consistent with other law; and (2) be consistent with reasonable practices concerning electronic documents and signatures …

(755 ILCS 6/11-50) Sec. 11-50. Certification of paper copy. An individual may create a certified paper copy of an electronic nontestamentary estate planning document by affirming under penalty of perjury that the paper copy is a complete and accurate copy of the document. (Source…

(755 ILCS 6/11-55) Sec. 11-55. Admissibility in evidence. Evidence relating to an electronic nontestamentary estate planning document or an electronic signature on the document may not be excluded in a proceeding solely because it is in electronic form. (Source: P.A. 103-301, eff…

(755 ILCS 6/11-60) Sec. 11-60. Relation to the Electronic Signatures in Global and National Commerce Act. This Article 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 sup…

(755 ILCS 6/11-65) Sec. 11-65. Application. This Article applies to an electronic nontestamentary estate planning document created, signed, generated, sent, communicated, received, or stored before, on, or after the effective date of this amendatory Act of the 103rd General Assem…

(755 ILCS 6/11-70) Sec. 11-70. Severability. If a provision of this Article or its application to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision. (Source: P.A. 103-30…

(755 ILCS 6/15-10) Sec. 15-10. Remote attestation for will. (a) To be valid under this Act, a will attested to through audio-video communication shall designate this State as its place of execution, be signed by the testator or by some person at the testator's direction and in th…

(755 ILCS 6/15-15) Sec. 15-15. Determining a signer's or testator's identity. A witness shall determine a signer's or testator's identity by one or more of the following methods: (1) personal knowledge; (2) a government-issued identification; (3) another form of identification th…

(755 ILCS 6/15-20) Sec. 15-20. Remote witnessing and notarization during the COVID-19 emergency declaration. (a) The purpose of this Section is to give statutory approval to the notary and witness guidelines provided in Executive Order 2020-14. (b) Notwithstanding any provision o…

(755 ILCS 6/15-5) Sec. 15-5. Remote witness for document other than a will. (a) A person may witness any document, other than a will, using audio-video communication between the individual signing the document and the witness. The signatures may be contained in a single document …

(755 ILCS 6/20-10) Sec. 20-10. Admission of paper copy of electronic will. Before being admitted to probate, a paper copy of an electronic will shall be: (1) certified under Section 10-10; or (2) supported by sufficient evidence to overcome the presumption under subsection (b) of…

(755 ILCS 6/20-15) Sec. 20-15. Admission of wills attested to by witnesses who are physically present. An electronic will or paper copy of an electronic will attested to by witnesses who are all in the testator's physical presence at the time of attestation shall be sufficiently …

(755 ILCS 6/20-20) Sec. 20-20. Admission of wills attested to by a remote witness. (a) A will, other than a will signed under Section 15-20, attested to by one or more remote witnesses is sufficiently proved to be admitted to probate when each of at least 2 of the attesting witne…

(755 ILCS 6/20-25) Sec. 20-25. Admission of a will signed during the COVID-19 emergency declaration. A will attested to by a remote witness under Section 15-20 is sufficiently proved to be admitted to probate when each of at least 2 attesting witnesses: (1) sign an attestation cl…

(755 ILCS 6/20-30) Sec. 20-30. Evidence of fraud, forgery, compulsion, or other improper conduct. Nothing in this Article prohibits any party from introducing evidence of fraud, forgery, compulsion, or other improper conduct that in the opinion of the court is deemed sufficient t…

(755 ILCS 6/20-35) Sec. 20-35. Formal proof of will with remote witness under Section 20-20. If a will has been admitted to probate under Section 20-20 before notice, any person entitled to notice under Section 6-10 of the Probate Act of 1975 may file a petition within 42 days af…

(755 ILCS 6/20-40) Sec. 20-40. Formal proof of an electronic will. If a petition is filed for proof of an electronic will under Section 6-21 of the Probate Act of 1975 or Section 20-35 of this Act, the Court shall determine whether the electronic will is a tamper-evident electron…

(755 ILCS 6/20-45) Sec. 20-45. Formal proof of will witnessed during the COVID-19 emergency declaration. Testimony or other evidence at a hearing for formal proof of a will under Section 6-21 of the Probate of 1975 by a remote witness who witnessed the will under Section 15-20 sh…

(755 ILCS 6/20-5) Sec. 20-5. Electronic will. In addition to the requirements of Section 6-2 of the Probate Act of 1975, the petitioner shall state in the petition to have an electronic will admitted to probate that the electronic will is a tamper-evident electronic record and it…

(755 ILCS 6/5-10) Sec. 5-10. Revocation. (a) An electronic will may be revoked in the following ways: (1) execution of a later will declaring the revocation; (2) execution of a later will to the extent that it is inconsistent with the prior will; or (3) execution of a written ins…

(755 ILCS 6/5-15) Sec. 5-15. Digital assets and electronic commerce. (a) At any time during the administration of the estate without further notice or, if there is no grant of administration, upon such notice and in such a manner as the court directs, the court may issue an order…

(755 ILCS 6/5-5) Sec. 5-5. Signing electronic wills. (a) To be valid under this Act, an electronic will shall be executed by the testator or by some person in the testator's presence and at the testator's direction, and attested to in the testator's presence by 2 or more credible…

(755 ILCS 6/95-10) Sec. 95-10. (Amendatory provisions; text omitted). (Source: P.A. 102-167, eff. 7-26-21; text omitted.)

(755 ILCS 6/95-5) Sec. 95-5. (Amendatory provisions; text omitted). (Source: P.A. 102-167, eff. 7-26-21; text omitted.)

(755 ILCS 6/99-99) Sec. 99-99. Effective date. This Act takes effect upon becoming law. (Source: P.A. 102-167, eff. 7-26-21.)