Chapter 755, ESTATES

(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 6/95-10) 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.)

(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 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 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 10/0.01) (from Ch. 110 1/2, par. 50) Sec. 0.01. Short title. This Article may be cited as the Uniform International Wills Act. (Source: P.A. 86-1291; 87-895.)

(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 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 40/1) (from Ch. 110 1/2, par. 851-1) Sec. 1. Short title. This Act may be cited as the Health Care Surrogate Act. (Source: P.A. 87-749.)

(755 ILCS 66/1) (Section scheduled to be repealed on December 31, 2027) Sec. 1. Short title. This Act may be cited as the Disposition of Remains of the Indigent Act. (Source: P.A. 100-526, eff. 6-1-18.)

(755 ILCS 10/1) (from Ch. 110 1/2, par. 51) Sec. 1. Definitions. In this Act: (1) "International will" means a will executed in conformity with Sections 2 through 5. (2) "Authorized person" and "person authorized to act in connection with international wills" means a person who b…

(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 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 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 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 43/1) Sec. 1. Short title. This Act may be cited as the Mental Health Treatment Preference Declaration Act. (Source: P.A. 89-439, eff. 6-1-96.)

(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 9/1) Sec. 1. Short title. This Act may be cited as the Supported Decision-Making Agreement Act. (Source: P.A. 102-614, eff. 2-27-22.)

(755 ILCS 32/1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 1. Short title. This Act may be cited as the Charitable Organization Beneficiary Act. (Source: P.A. 104-481, eff. 1-1-27.)