Chapter 755, ESTATES

(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 40/5) (from Ch. 110 1/2, par. 851-5) Sec. 5. Legislative findings and purposes. (a) Findings. The legislature recognizes that all persons have a fundamental right to make decisions relating to their own medical treatment, including the right to forgo life-sustaining tre…

(755 ILCS 70/5) Sec. 5. Terms-of-service agreement. (a) This Act does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This Act does not give a fiduciary or designated recipient any new or e…

(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 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 32/5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5. Definitions. As used in this Act: "Beneficiary designation" means the provision in an instrument designating a beneficiary, other than in a will or an instrument creating a tru…

(755 ILCS 75/5) Sec. 5. Commissioners. If the court appoints a commissioner pursuant to Article XVII of the Code of Civil Procedure, the commissioner, in addition to the requirements and disqualifications applicable to commissioners in Article XVII of the Code of Civil Procedure,…

(755 ILCS 65/5) Sec. 5. Right to control disposition; priority. Unless a decedent has left directions in writing for the disposition or designated an agent to direct the disposition of the decedent's remains as provided in Section 65 of the Crematory Regulation Act or in subsecti…

(755 ILCS 66/5) (Section scheduled to be repealed on December 31, 2027) Sec. 5. Purpose. The General Assembly recognizes: (1) that each individual in the State regardless of his or her economic situation is entitled to a dignified disposition of his or her remains; (2) that it is…

(755 ILCS 5/5-1) (from Ch. 110 1/2, par. 5-1) Sec. 5-1. Place of probate of will or of administration of estate.) When the will of a testator is probated or when the estate of a decedent or missing person is administered in this State, the probate or the administration shall be i…

(755 ILCS 5/5-2) (from Ch. 110 1/2, par. 5-2) Sec. 5-2. Situs of personal estate of nonresident decedent or missing person.) For the purpose of granting administration of both testate and intestate estates of nonresident decedents or estates of nonresident missing persons, the si…

(755 ILCS 5/5-3) (from Ch. 110 1/2, par. 5-3) Sec. 5-3. Power to ascertain and declare heirship - evidence.) (a) The court may ascertain and declare the heirship of any decedent to be entered of record in the court at any time during the administration of the estate without furth…

(755 ILCS 32/50) Sec. 50. (Amendatory provisions; text omitted). (Source: P.A. 104-481, eff. 1-1-27; text omitted.)

(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 9/50) (Text of Section before amendment by P.A. 104-663) Sec. 50. Agreement instrument. A supported decision-making agreement is valid if it substantially follows the following form:"SUPPORTED DECISION-MAKING AGREEMENTImportant Information for the Supporter: Duties If y…

(755 ILCS 40/50) (from Ch. 110 1/2, par. 851-50) Sec. 50. Not suicide or murder. The withholding or withdrawal of life-sustaining treatment from a patient in accordance with the provisions of this Act does not, for any purpose, constitute suicide or murder. The withholding or wit…

(755 ILCS 43/50) Sec. 50. Revocation. A declaration may be revoked in whole or in part by written statement at any time by the principal if the principal is not incapable, regardless of whether the written revocation is in an electronic or hard copy format. A written statement of…

(755 ILCS 65/50) Sec. 50. Disputes. (a) Any dispute among any of the persons listed in Section 5 concerning their right to control the disposition, including cremation, of a decedent's remains shall be resolved by a court of competent jurisdiction within 30 days of the dispute be…

(755 ILCS 43/55) Sec. 55. Declaration protects physician or provider from legal action. A physician who, to a reasonable degree of medical certainty, determines that the principal is capable or incapable of revoking a declaration or a physician or provider who administers or does…

(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 9/55) Sec. 55. Reliance on agreement; limitation of liability. (a) A person who receives the original or a copy of a supported decision-making agreement shall rely on the agreement. (b) A person is not subject to criminal or civil liability and has not engaged in profes…

(755 ILCS 40/55) (from Ch. 110 1/2, par. 851-55) Sec. 55. Preservation of existing rights. The provisions of this Act are cumulative with existing law regarding an individual's right to consent or refuse to consent to medical treatment. The provisions of this Act shall not impair…

(755 ILCS 10/6) (from Ch. 110 1/2, par. 56) Sec. 6. International will; effect of certificate. In the absence of evidence to the contrary, the certificate of the authorized person is conclusive of the formal validity of the instrument as a will under this Act. The absence or irre…

(755 ILCS 75/6) Sec. 6. Determination of value. (a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by o…

(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 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 70/6) Sec. 6. Procedure for disclosing digital assets. (a) When disclosing digital assets of a user under this Act, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or design…

(755 ILCS 5/6-1) (from Ch. 110 1/2, par. 6-1) Sec. 6-1. Duty to file will - altering, destroying or secreting.) (a) Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county a…

(755 ILCS 5/6-10) (from Ch. 110 1/2, par. 6-10) Sec. 6-10. Notice - waiver.) (a) Not more than 14 days after entry of an order admitting or denying admission of a will to probate or appointing a representative, the representative or, if none, the petitioner must mail a copy of th…

(755 ILCS 5/6-11) (from Ch. 110 1/2, par. 6-11) Sec. 6-11. Omitted or unnotified heir or legatee.) (a) If it appears after entry of an order admitting or denying admission of a will to probate that an heir or legatee was omitted from the petition to admit the will to probate or, …

(755 ILCS 5/6-12) (from Ch. 110 1/2, par. 6-12) Sec. 6-12. Appointment of guardian ad litem.) When an heir or legatee of a testator is a minor or person with a disability who is entitled to notice under Section 6-10 at the time an order is entered admitting or denying admission o…

(755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13) Sec. 6-13. Who may act as executor. (a) A person who has attained the age of 18 years, is a resident of the United States, is not of unsound mind, is not an adjudged person with a disability as defined in this Act, is not currently …

(755 ILCS 5/6-14) (from Ch. 110 1/2, par. 6-14) Sec. 6-14. Power of executor before issuance of letters.) Before issuance of letters to an executor his power extends to the carrying out of any gift of the decedent's body or any part thereof, to the burial of the decedent, the pay…

(755 ILCS 5/6-15) (from Ch. 110 1/2, par. 6-15) Sec. 6-15. Executor to administer all estate of decedent. (a) The executor or the administrator with the will annexed shall administer all the testate and intestate estate of the decedent. (b) Any person doing business or performing…

(755 ILCS 5/6-16) (from Ch. 110 1/2, par. 6-16) Sec. 6-16. Power of administrator with the will annexed.) Unless otherwise expressly provided by the will, an administrator with the will annexed has all the powers and duties of the executor under the will, but this does not excuse…

(755 ILCS 5/6-17) (from Ch. 110 1/2, par. 6-17) Sec. 6-17. Witness to appear for probate - penalty.) It is the duty of a witness to any will executed in this State to appear before the court at the hearing on the admission of the will to probate and testify concerning the executi…

(755 ILCS 5/6-18) (from Ch. 110 1/2, par. 6-18) Sec. 6-18. Will as evidence.) An authenticated copy of a domestic or foreign will and of the order admitting it or denying it to probate are evidence in any court in this State. (Source: P.A. 79-328.)

(755 ILCS 5/6-19) (from Ch. 110 1/2, par. 6-19) Sec. 6-19. Judge as witness.) If a judge is a witness to a will which is required by law to be proved before him, another judge shall be designated to take the testimony of witnesses to the will and to decide whether or not the will…

(755 ILCS 5/6-2) (from Ch. 110 1/2, par. 6-2) Sec. 6-2. Petition to admit will or to issue letters.) Anyone desiring to have a will admitted to probate must file a petition therefor in the court of the proper county. The petition must state, if known: (a) the name and place of re…

(755 ILCS 5/6-20) (from Ch. 110 1/2, par. 6-20) Sec. 6-20. Petition to admit will to probate on presumption of death of testator - notice.) (a) Anyone desiring to have a will admitted to probate on the presumption of death of the testator must file a petition therefor in the cour…

(755 ILCS 5/6-21) (from Ch. 110 1/2, par. 6-21) Sec. 6-21. Formal proof of will.) If a will has been admitted to probate before notice in accordance with Section 6-4, any person entitled to notice under Section 6-10 may file a petition within 42 days after the effective date of t…

(755 ILCS 5/6-3) (from Ch. 110 1/2, par. 6-3) Sec. 6-3. Duty of executor to present will for probate.) (a) Within 30 days after a person acquires knowledge that he is named as executor of the will of a deceased person, he shall either institute a proceeding to have the will admit…

(755 ILCS 5/6-4) (from Ch. 110 1/2, par. 6-4) Sec. 6-4. Admission of will to probate - testimony or affidavit of witnesses.) (a) When each of 2 attesting witnesses to a will states that (1) he was present and saw the testator or some person in his presence and by his direction si…

(755 ILCS 5/6-5) (from Ch. 110 1/2, par. 6-5) Sec. 6-5. Deposition of witness. When a witness to a will or other party who shall testify to have a will admitted to probate resides outside the county in which the will is offered for probate or is unable to attend court and can be …

(755 ILCS 5/6-6) (from Ch. 110 1/2, par. 6-6) Sec. 6-6. Proof of handwriting of a deceased or inaccessible witness or a witness with a disability. (a) If a witness to a will or other party who shall testify to have a will admitted (1) is dead, (2) is blind, (3) is mentally or phy…

(755 ILCS 5/6-7) (from Ch. 110 1/2, par. 6-7) Sec. 6-7. Will to remain with clerk.) All original wills which are admitted to probate shall remain in the custody of the clerk, unless otherwise ordered by the court. (Source: P.A. 81-213.)

(755 ILCS 5/6-8) (from Ch. 110 1/2, par. 6-8) Sec. 6-8. Issuance of letters testamentary.) When a will is admitted to probate, letters testamentary shall be issued to the executor named in the will if he qualifies and accepts the office, unless the issuance of letters is excused.…

(755 ILCS 5/6-9) (from Ch. 110 1/2, par. 6-9) Sec. 6-9. Failure or refusal to qualify - death, resignation or revocation of letters - non-designation.) Unless otherwise provided by the will, (a) if one of several executors named in the will fails or refuses to qualify and accept …

(755 ILCS 9/60) Sec. 60. Recognition of supporters. A decision or request made or communicated with the assistance of a supporter in conformity with this Act shall be recognized for the purposes of any provision of law as the decision or request of the principal and may be enforc…

(755 ILCS 43/60) Sec. 60. Restrictions on who may serve as attorney-in-fact. None of the following may serve as attorney-in-fact: (1) The attending physician or mental health service provider or an employee of the physician or provider, if the physician, provider, or employee is …