Chapter 755, ESTATES

(755 ILCS 5/23-1) (from Ch. 110 1/2, par. 23-1) Sec. 23-1. Resignation.) Upon petition of a representative, the court may permit him to resign. The petition may be heard without notice or after giving notice to such persons and in such manner as the court directs. If the petition…

(755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2) (Text of Section before amendment by P.A. 104-547) Sec. 23-2. Removal. (a) On petition of any interested person or on the court's own motion, the court may remove a representative if: (1) the representative is acting under letters s…

(755 ILCS 5/23-3) (from Ch. 110 1/2, par. 23-3) Sec. 23-3. Procedure on removal.) (a) Before removing a representative for any of the causes set forth in Section 23-2, the court shall order a citation to issue directing the respondent to show cause why he should not be removed fo…

(755 ILCS 5/23-4) (from Ch. 110 1/2, par. 23-4) Sec. 23-4. Transfer to another county in the State.) If it appears to the court in which a ward's estate is being administered that the interests of the ward are best served by the transfer of the administration of the ward's estate…

(755 ILCS 5/23-5) (from Ch. 110 1/2, par. 23-5) Sec. 23-5. Letters revoked when will is produced.) If the will of a decedent is admitted to probate after letters of administration have been issued on his estate, the letters of administration shall be revoked. (Source: P.A. 79-328…

(755 ILCS 5/23-6) (from Ch. 110 1/2, par. 23-6) Sec. 23-6. Letters revoked when will is set aside.) If a will which has been admitted to probate is set aside after letters of office are issued thereon, the letters shall be revoked. (Source: P.A. 79-328.)

(755 ILCS 5/23-8) (from Ch. 110 1/2, par. 23-8) Sec. 23-8. Acts done before revocation of letters are valid.) If the letters of a representative are revoked, all acts done by him according to law before the revocation of his letters are valid. (Source: P.A. 79-328.)

(755 ILCS 5/24-1) (from Ch. 110 1/2, par. 24-1) Sec. 24-1. Duty to account.) (a) Except as provided in subsection (b), within 60 days after the expiration of 12 months after the issuance of letters or within such further time as the court allows and thereafter whenever required b…

(755 ILCS 5/24-10) (from Ch. 110 1/2, par. 24-10) Sec. 24-10. Interest on property withheld by representative of decedent's estate.) At the expiration of a period of 2 years after the issuance of letters of office in a decedent's estate, the representative shall be charged with i…

(755 ILCS 5/24-11) (from Ch. 110 1/2, par. 24-11) Sec. 24-11. Duty to account - ward's estate.) (a) The representative of a ward's estate shall present a verified account of his administration to the court which issued his letters within 30 days after the expiration of one year a…

(755 ILCS 5/24-12) (from Ch. 110 1/2, par. 24-12) Sec. 24-12. Termination of office of a representative of a ward.) The office of a representative of a ward terminates when the ward if a minor attains his majority, when the letters of a representative are revoked, when the repres…

(755 ILCS 5/24-13) (from Ch. 110 1/2, par. 24-13) Sec. 24-13. Accounting for a deceased representative or a representative under legal disability.) If a representative dies or is adjudged to be under legal disability or is adjudged a person subject to involuntary admission or mee…

(755 ILCS 5/24-14) (from Ch. 110 1/2, par. 24-14) Sec. 24-14. Accounting by surety on bond of representative.) If the letters issued to a representative are revoked and he fails or refuses to file an account within the time fixed by the court, the surety on his bond may present a…

(755 ILCS 5/24-15) (from Ch. 110 1/2, par. 24-15) Sec. 24-15. Stating an account.) The court may state an account on behalf of a representative who dies or is adjudged to be a person under legal disability and on whose behalf an account is not presented to the court within 60 day…

(755 ILCS 5/24-16) (from Ch. 110 1/2, par. 24-16) Sec. 24-16. Citation - attachment.) (a) If the representative fails or refuses to make settlement within 30 days after the expiration of the time provided by this Act, the court may order a citation to issue directing the responde…

(755 ILCS 5/24-17) (from Ch. 110 1/2, par. 24-17) Sec. 24-17. Devastavit.) The failure or refusal of a representative to pay any money or deliver any property to the person entitled thereto in pursuance of the lawful order of the court within 30 days after demand therefor amounts…

(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 43/25) Sec. 25. Operation of declaration. A declaration becomes operative when it is delivered to the principal's attending physician and remains valid until revoked or expired. The attending physician shall act in accordance with an operative declaration when the princ…

(755 ILCS 65/25) Sec. 25. Body parts. In the case of body parts, a representative of the institution that has arranged with a funeral home, cemetery, or crematory authority to cremate or make other appropriate disposition of the body parts may serve as the authorizing agent. (Sou…

(755 ILCS 66/25) (Section scheduled to be repealed on December 31, 2027) Sec. 25. Registry of contributed cadavers and institutions of medical, mortuary, or other sciences. (a) An institution of medical, mortuary, or other sciences is eligible to receive a contributed cadaver und…

(755 ILCS 27/25) Sec. 25. Transfer on death instrument revocable. A transfer on death instrument is revocable even if the instrument or another instrument contains a contrary provision. (Source: P.A. 97-555, eff. 1-1-12.)

(755 ILCS 32/25) (This Section may contain text from a Public Act with a delayed effective date) Sec. 25. Transfer of property. If the requirements of this Act are satisfied by a charitable organization, and there are no conflicting claims to the same shares or portion of a prope…

(755 ILCS 9/25) Sec. 25. Authority of the supporter. A supporter may exercise the authority granted to the supporter in the supported decision-making agreement. (Source: P.A. 102-614, eff. 2-27-22.)

(755 ILCS 40/25) (from Ch. 110 1/2, par. 851-25) Sec. 25. Surrogate decision making. (a) When a patient lacks decisional capacity, the health care provider must make a reasonable inquiry as to the availability and authority of a health care agent under the Powers of Attorney for …

(755 ILCS 5/25-1) (from Ch. 110 1/2, par. 25-1) (Text of Section before amendment by P.A. 104-624) 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…

(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…