Chapter 755 — ESTATES

(755 ILCS 10/8) (from Ch. 110 1/2, par. 58) Sec. 8. Source and construction. Sections 1 through 7 derive from Annex to Convention of October 26, 1973, Providing a Uniform Law on the Form of an International Will. In interpreting and applying this Act, regard shall be had to its i…

(755 ILCS 10/9) (from Ch. 110 1/2, par. 59) Sec. 9. Persons authorized to act in relation to international will; eligibility; recognition by authorizing agency. Individuals who have been admitted to practice law before the courts of this State and are currently licensed so to do …

(755 ILCS 15/0.01) (from Ch. 17, par. 1500) Sec. 0.01. Short title. This Act may be cited as the Safety Deposit Box Opening Act. (Source: P.A. 86-1324.)

(755 ILCS 15/1) (from Ch. 17, par. 1501) Sec. 1. Upon being furnished with satisfactory proof of death of a sole lessee or the last surviving co-lessee of a safe deposit box, the lessor shall open the box and examine the contents in the presence of a person who presents himself a…

(755 ILCS 20/0.01) (from Ch. 49, par. 0.01) Sec. 0.01. Short title. This Act may be cited as the Escheats Act. (Source: P.A. 86-1324.)

(755 ILCS 20/1) (from Ch. 49, par. 1) Sec. 1. If any person dies owning any real or personal estate without any legacy, and leaving no known heirs or representatives capable of inheriting the same, or the legatees thereof are incapable of holding the same, and in all cases when t…

(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 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 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 20/5) (from Ch. 49, par. 5) Sec. 5. When judgment is entered vesting title in the county to any land, tenements or hereditaments, such judgment shall contain a certain description of such estate, and shall be effectual for vesting the title in the county; and an order s…

(755 ILCS 20/6) (from Ch. 49, par. 6) Sec. 6. Any party who has filed an appearance in the proceeding and the State's Attorney, on behalf of the county, may appeal in the same manner as parties in other civil cases. (Source: P.A. 83-359.)

(755 ILCS 20/7) (from Ch. 49, par. 7) Sec. 7. The county treasurer shall keep just and true accounts of all moneys paid into the treasury, and if any person appears within 10 years after the death of the intestate and claims any money paid into the treasury as his or hers, on leg…

(755 ILCS 25/0.01) (from Ch. 110 1/2, par. 600) Sec. 0.01. Short title. This Act may be cited as the Lifetime Transfer of Property Act. (Source: P.A. 86-1324.)

(755 ILCS 25/1) (from Ch. 110 1/2, par. 601) Sec. 1. An otherwise valid transfer of property, in trust or otherwise, by a decedent during his or her lifetime, shall not, in the absence of an intent to defraud, be invalid, in whole or in part, on the ground that it is illusory bec…

(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 27/1) Sec. 1. Short title. This Act may be cited as the Real Property Transfer on Death Instrument Act. (Source: P.A. 102-68, eff. 1-1-22.)

(755 ILCS 27/10) Sec. 10. Applicability. This Act applies only to the following: (1) A transfer of residential real estate by means of a transfer on death instrument made before, on, or after January 1, 2012, by an owner dying on or after January 1, 2012. (2) A transfer of real p…

(755 ILCS 27/100) Sec. 100. (Repealed). (Source: P.A. 97-555, eff. 1-1-12. Repealed by P.A. 98-821, eff. 1-1-15.)

(755 ILCS 27/15) Sec. 15. Non-exclusivity. This Act does not affect any method of transferring real property otherwise permitted under the law of this State. (Source: P.A. 102-68, eff. 1-1-22.)

(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 27/21) Sec. 21. Trust as beneficiary. A transfer of real property by a transfer on death instrument to a trustee of a trust that is in existence when the owner executes a transfer on death instrument and that is identified in the transfer on death instrument, to a trust…

(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 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 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 27/40) Sec. 40. Requirements. (a) A transfer on death instrument: (1) must: (i) contain the essential elements and formalities of a properly recordable inter vivos deed, but does not need to state consideration or the addresses of the beneficiaries; and (ii) must be exe…

(755 ILCS 27/45) Sec. 45. Signing, attestation, and acknowledgment. (a) Every transfer on death instrument shall be signed by the owner or by some person in his or her presence and by his or her direction, and shall be attested in writing by 2 or more credible witnesses, and the …

(755 ILCS 27/5) Sec. 5. Definitions. In this Act: "Beneficiary" means a person that receives real property under a transfer on death instrument. "Designated beneficiary" means a person designated to receive real property under a transfer on death instrument. "Joint owner" means a…

(755 ILCS 27/50) Sec. 50. Notice, delivery, acceptance, or consideration not required. A transfer on death instrument is effective without: (1) notice or delivery to or acceptance by the designated beneficiary during the owner's life; or (2) consideration. (Source: P.A. 97-555, e…

(755 ILCS 27/55) Sec. 55. Revocation by recorded instrument authorized; revocation by act or unrecorded instrument, not authorized. (a) An instrument is effective to revoke a recorded transfer on death instrument, or any part of it, only if: (1) it is: (A) another transfer on dea…

(755 ILCS 27/60) Sec. 60. Effect of transfer on death instrument during owner's life. (a) During an owner's life, a transfer on death instrument does not: (1) affect the right or interest of the owner, any other owner, or an agent for the owner to sell, transfer, or encumber the …

(755 ILCS 27/65) Sec. 65. Effect of transfer on death instrument at owner's death. (a) Except as otherwise provided in the transfer on death instrument, in this Act, in the Probate Act of 1975, or in any other Act applicable to nontestamentary instruments, on the death of the own…

(755 ILCS 27/66) Sec. 66. Renunciation by spouse. (a) Unless the right to renounce is waived by the owner's surviving spouse, a transfer on death instrument may be renounced by the owner's surviving spouse. If renounced, the surviving spouse is entitled to a one-third interest in…

(755 ILCS 27/70) Sec. 70. Joint owners. (a) One or more joint owners may execute a transfer on death instrument. (b) If all of the joint owners execute a transfer on death instrument, then an instrument of joint owners is revoked only if it is revoked by all of the then living jo…

(755 ILCS 27/75) Sec. 75. Notice of death affidavit. Any beneficiary who takes under a transfer on death instrument may file in the office of the recorder in the county or counties where the real property is located a notice of death affidavit to confirm title following the death…

(755 ILCS 27/80) Sec. 80. Disclaimer. A beneficiary may disclaim all or part of the beneficiary's interest as provided by the Disclaimer Under Nontestamentary Instrument Act. (Source: P.A. 97-555, eff. 1-1-12.)

(755 ILCS 27/85) Sec. 85. Rights of claimants. A beneficiary of a transfer on death instrument is subject to creditor, administrative, funeral and burial, and statutory claims to the same extent and in the same manner as a beneficiary of a trust that was revocable at the time of …

(755 ILCS 27/90) Sec. 90. Limitations and bona fide transfers. (a) An action to set aside or contest the validity of a transfer on death instrument shall be commenced within the earlier of 2 years after the date of the owner's death or 6 months from the date letters of office are…

(755 ILCS 27/95) Sec. 95. Preparation of a transfer on death instrument or its revocation. A transfer on death instrument or its revocation shall be prepared only by a licensed attorney. Nothing in this Section, however, shall prohibit an owner from preparing his or her own trans…

(755 ILCS 30/0.01) (from Ch. 110 1/2, par. 400) Sec. 0.01. Short title. This Act may be cited as the Third Party Beneficiary Contract Act. (Source: P.A. 86-1324.)

(755 ILCS 30/1) (from Ch. 110 1/2, par. 401) Sec. 1. The designation in accordance with the terms of any insurance, annuity or endowment contract, or the designation in any agreement issued or entered into by an insurance company in connection therewith, supplemental thereto or i…

(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 35/1) (from Ch. 110 1/2, par. 701) Sec. 1. Purpose. The legislature finds that persons have the fundamental right to control the decisions relating to the rendering of their own medical care, including the decision to have death delaying procedures withheld or withdrawn…

(755 ILCS 35/10) (from Ch. 110 1/2, par. 710) Sec. 10. This Act shall be known and may be cited as the "Illinois Living Will Act". (Source: P.A. 83-824.)

(755 ILCS 35/2) (from Ch. 110 1/2, par. 702) Sec. 2. Definitions: (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 document in writi…

(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 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 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 35/5) (from Ch. 110 1/2, par. 705) Sec. 5. Revocation. (a) A declaration may be revoked at any time by the declarant, without regard to declarant's mental or physical condition, by any of the following methods: (1) By being obliterated, burnt, torn or otherwise destroye…

(755 ILCS 35/6) (from Ch. 110 1/2, par. 706) Sec. 6. Physician Responsibilities. An attending physician who has been notified of the existence of a declaration executed under this Act, without delay after the diagnosis of a terminal condition of the patient, shall take the necess…

(755 ILCS 35/7) (from Ch. 110 1/2, par. 707) Sec. 7. Immunity. The desires of a qualified patient shall at all times supersede the effect of the declaration. A physician or other health-care provider may presume, in the absence of knowledge to the contrary, that a declaration com…