Chapter 755, ESTATES

(755 ILCS 5/27-8) (from Ch. 110 1/2, par. 27-8) Sec. 27-8. Publication of notice in county in which no newspaper is published.) When a notice is required by this Act to be published in a newspaper in a particular county and there is no newspaper published in that county, the noti…

(755 ILCS 5/27-9) (from Ch. 110 1/2, par. 27-9) Sec. 27-9. Publication of notice by clerk.) When the clerk of the court is required by this Act to publish a notice in a newspaper, the representative or his attorney has the right to direct in what newspaper the notice shall be pub…

(755 ILCS 5/28-1) (from Ch. 110 1/2, par. 28-1) Sec. 28-1. Purpose and scope of Article.) This Article permits an executor or administrator to administer the estate without court order or filings, except to the extent that court order or filing is required by this Article or is r…

(755 ILCS 5/28-10) (from Ch. 110 1/2, par. 28-10) Sec. 28-10. Distribution.) (a) If it appears to the independent representative that there are sufficient assets to pay all claims, the independent representative may at any time or times distribute the estate to the persons entitl…

(755 ILCS 5/28-11) (from Ch. 110 1/2, par. 28-11) Sec. 28-11. Closing the estate. (a) An independent representative is accountable to all interested persons for his administration and distribution of the estate but need not present an account to the court unless an interested per…

(755 ILCS 5/28-12) (from Ch. 110 1/2, par. 28-12) Sec. 28-12. Notice.) Notice or other information mailed to an interested person at his last address known to the sender shall be deemed given to the person for all purposes of this Article at the time of mailing. (Source: P.A. 81-…

(755 ILCS 5/28-2) (from Ch. 110 1/2, par. 28-2) Sec. 28-2. Order for independent administration - notice of appointment of independent administrator.) (a) Unless the will, if any, expressly forbids independent administration or supervised administration is required under subsecti…

(755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3) Sec. 28-3. Protection of persons under disability during independent administration.) (a) A personal fiduciary acting pursuant to this Article has full power and the responsibility to protect the interests of his ward during indepen…

(755 ILCS 5/28-4) (from Ch. 110 1/2, par. 28-4) Sec. 28-4. Termination of independent administration status.) (a) Upon petition by any interested person, mailed or delivered to the clerk of the court, the court shall enter an order terminating the independent administration statu…

(755 ILCS 5/28-5) (from Ch. 110 1/2, par. 28-5) Sec. 28-5. Court proceedings during independent administration.) At any time or times during independent administration any interested person may petition the court for a hearing and order as to any matter germane to the administrat…

(755 ILCS 5/28-6) (from Ch. 110 1/2, par. 28-6) Sec. 28-6. Service of inventory.) (a) Not less than 30 days prior to filing of the verified report required by Section 28-11, an independent representative shall mail or deliver a copy of an inventory of the estate to each intereste…

(755 ILCS 5/28-7) (from Ch. 110 1/2, par. 28-7) Sec. 28-7. Spouse and child awards.) (a) When an award under Section 15-1 or 15-2 is allowable and is not waived or barred, an independent representative may pay the award determined under Section 15-1 or 15-2 without application to…

(755 ILCS 5/28-8) (from Ch. 110 1/2, par. 28-8) Sec. 28-8. Administrative powers. An independent representative acting reasonably for the best interests of the estate has the powers granted in the will and the following powers, all exercisable without court order, except to the e…

(755 ILCS 5/28-9) (from Ch. 110 1/2, par. 28-9) Sec. 28-9. Protection of persons dealing with an independent representative.) No person dealing with an independent representative is obliged to inquire as to the independent representative's powers under any will or court order or …

(755 ILCS 75/3) Sec. 3. Applicability; relation to other law. (a) This Act applies to partition actions filed on or after the effective date of this Act. (b) In an action to partition real property under Article XVII of the Code of Civil Procedure the court shall determine whethe…

(755 ILCS 70/3) Sec. 3. Applicability. (a) This Act applies to: (1) a fiduciary acting under a will or power of attorney executed before, on, or after the effective date of this Act; (2) a personal representative acting for a decedent who died before, on, or after the effective d…

(755 ILCS 20/3) (from Ch. 49, par. 3) Sec. 3. When the State's Attorney of the county is informed or has reason to believe that any real estate within the county has escheated to the county by reason that any person owning the real estate has died without bequeathing the same, an…

(755 ILCS 35/3) (from Ch. 110 1/2, par. 703) Sec. 3. Execution of a Document. (a) An individual of sound mind and having reached the age of majority or having obtained the status of an emancipated person pursuant to the Emancipation of Minors Act, as now or hereafter amended, may…

(755 ILCS 10/3) (from Ch. 110 1/2, par. 53) Sec. 3. International will; requirements. (a) The will must be made in writing. It need not be written by the testator himself. It may be written in any language, by hand or by any other means. (b) The testator shall declare in the pres…

(755 ILCS 5/3-1) (from Ch. 110 1/2, par. 3-1) Sec. 3-1. No sufficient evidence of survivorship.) If the title to property or its devolution depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously and there is no …

(755 ILCS 45/3-1) (from Ch. 110 1/2, par. 803-1) Sec. 3-1. Purpose. The General Assembly finds that the public interest requires a standardized form of power of attorney that individuals may use to authorize an agent to act for them in dealing with their property and financial af…

(755 ILCS 5/3-2) (from Ch. 110 1/2, par. 3-2) Sec. 3-2. Uniformity of interpretation.) This Article shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact similar statutes. (Source: P.A. 79-328.)

(755 ILCS 45/3-2) (from Ch. 110 1/2, par. 803-2) Sec. 3-2. Short Title. This Article shall be known and may be cited as the "Statutory Short Form Power of Attorney for Property Law". (Source: P.A. 85-701.)

(755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3) Sec. 3-3. Statutory short form power of attorney for property. (a) The form prescribed in this Section may be known as "statutory property power" and may be used to grant an agent powers with respect to property and financial matte…

(755 ILCS 45/3-3.6) Sec. 3-3.6. Limitations on who may witness property powers. (a) Every property power shall bear the signature of a witness to the signing of the agency and shall be notarized. None of the following may serve as a witness to the signing of a property power or a…

(755 ILCS 45/3-4) (from Ch. 110 1/2, par. 803-4) Sec. 3-4. Explanation of powers granted in the statutory short form power of attorney for property. This Section defines each category of powers listed in the statutory short form power of attorney for property and the effect of gr…

(755 ILCS 45/3-5) Sec. 3-5. Savings clause. This amendatory Act of the 96th General Assembly does not in any way invalidate any property power executed or any act of any agent done, or affect any claim, right, or remedy that accrued, prior to the effective date of this amendatory…

(755 ILCS 35/3.5) Sec. 3.5. Applicability. Section 4-11 of the Illinois Power of Attorney Act governs the applicability of this Act if a patient has a health care agency. Notwithstanding Section 9.5 or any other provision in this Act, a declaration is not operative as long as an …

(755 ILCS 66/30) (Section scheduled to be repealed on December 31, 2027) Sec. 30. Rules. The Department may adopt rules as necessary to implement this Act. (Source: P.A. 100-526, eff. 6-1-18.)

(755 ILCS 40/30) (from Ch. 110 1/2, par. 851-30) Sec. 30. Reliance on authority of surrogate decision maker. (a) Every health care provider and other person (a "reliant") shall have the right to rely on any decision or direction by the surrogate decision maker (the "surrogate") t…

(755 ILCS 27/30) Sec. 30. Transfer on death instrument nontestamentary. A transfer on death instrument is a nontestamentary instrument and is subject to all other laws governing or affecting transfers by nontestamentary instruments. A transfer on death instrument may not be admit…

(755 ILCS 65/30) Sec. 30. Prohibition of cremation; written instructions. No person shall be allowed to authorize cremation when a decedent has left written instructions that he or she does not wish to be cremated. (Source: P.A. 94-561, eff. 1-1-06.)

(755 ILCS 9/30) (Text of Section from P.A. 102-614) Sec. 30. Supporter duties. (a) Except as otherwise provided by a supported decision-making agreement, a supporter may: (1) Assist the principal in understanding information, options, responsibilities, and consequences of the lif…

(755 ILCS 32/30) (This Section may contain text from a Public Act with a delayed effective date) Sec. 30. Good faith reliance on information given to the holder. The holder of the property and any person who in good faith delivers the property or information requested in reliance…

(755 ILCS 43/30) Sec. 30. Authority of attorney-in-fact. (1) The attorney-in-fact does not have authority to make mental health treatment decisions unless the principal is incapable. (2) The attorney-in-fact is not, as a result of acting in that capacity, personally liable for th…

(755 ILCS 5/30-1) (from Ch. 110 1/2, par. 30-1) Sec. 30-1. Repeal.) The "Probate Act", approved July 24, 1939, as amended, is repealed. (Source: P.A. 79-328.)

(755 ILCS 5/30-2) (from Ch. 110 1/2, par. 30-2) Sec. 30-2. Savings clause.) The provisions for repeal contained in this Act shall not in any way: (a) affect an offense committed, an act done, a penalty, punishment or forfeiture incurred, or a claim, right, power or remedy accrued…

(755 ILCS 5/30-3) (from Ch. 110 1/2, par. 30-3) Sec. 30-3. Effective date of Act.) This Act shall take effect on January 1, 1976. (Source: P.A. 79-328.)

(755 ILCS 65/300) Sec. 300. (Amendatory provisions; text omitted). (Source: P.A. 94-561, eff. 1-1-06; text omitted.)

(755 ILCS 27/35) Sec. 35. Capacity of owner and agent's authority. The capacity required to make or revoke a transfer on death instrument is the same as the capacity required to make a will. An agent under a durable power of attorney or other instrument creating an agency, even i…

(755 ILCS 65/35) Sec. 35. Misrepresentation; liability. A person who represents that he or she knows the identity of a decedent and, in order to procure the disposition, including cremation, of the decedent's remains, signs an order or statement, other than a death certificate, w…

(755 ILCS 43/35) Sec. 35. Declaration has no effect on other services. A person shall not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharg…

(755 ILCS 32/35) (This Section may contain text from a Public Act with a delayed effective date) Sec. 35. Release. Any payments, deliveries, or transfers made by the holder of property in compliance with this Act prior to the receipt of notice of an adverse claim or a restraining…

(755 ILCS 9/35) Sec. 35. Supporter prohibitions. A supporter is prohibited from: (1) Exerting undue influence upon, or making decisions on behalf of, the principal. (2) Obtaining, without the consent of the principal, information that is not reasonably related to matters with whi…

(755 ILCS 66/35) (Section scheduled to be repealed on December 31, 2027) Sec. 35. Repealer. This Act is repealed on December 31, 2027. (Source: P.A. 102-1109, eff. 12-21-22.)

(755 ILCS 40/35) (from Ch. 110 1/2, par. 851-35) Sec. 35. Conscience of health care provider; policy of the health care facility. A health care provider who because of personal views or beliefs or his or her conscience is unable to comply with the terms of a decision to forgo lif…

(755 ILCS 70/4) Sec. 4. User direction for disclosure of digital assets. (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications…

(755 ILCS 35/4) (from Ch. 110 1/2, par. 704) Sec. 4. Recording of a Terminal Condition. Upon determining that the declarant has a terminal condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declaran…

(755 ILCS 20/4) (from Ch. 49, par. 4) Sec. 4. All persons, bodies, politic and corporate, named in such complaint as having possession rights or claimants of the estate, may appear and plead to such proceedings, and may deny the facts stated in the complaint, and the title of the…

(755 ILCS 10/4) (from Ch. 110 1/2, par. 54) Sec. 4. International wills; other points of form. (a) The signatures must be placed at the end of the will. If the will consists of several sheets, each sheet must be signed by the testator or, if he is unable to sign, by the person si…