Chapter 755, ESTATES

(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 40/60) Sec. 60. Health care surrogate; specific mental health services. (a) In this Section, "specific mental health services" means the administration of psychotropic medication or electroconvulsive therapy under Section 2-107 or 2-107.1 of the Mental Health and Develo…

(755 ILCS 75/60) Sec. 60. (Amendatory provisions; text omitted). (Source: P.A. 101-520, eff. 8-23-19; text omitted.)

(755 ILCS 40/65) Sec. 65. Department of Public Health Uniform POLST form. (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 may execute a document (consistent wi…

(755 ILCS 9/65) Sec. 65. Reporting of suspected abuse, neglect, or exploitation. If a person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement and has cause to believe that the adult with a disabilit…

(755 ILCS 43/65) Sec. 65. Restrictions on who may witness declaration. None of the following may serve as a witness to the signing of a declaration: (1) The attending physician or mental health service provider or a relative of the physician or provider; (2) An owner, operator, o…

(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 70/7) Sec. 7. Disclosure of content of electronic communications of deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the est…

(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…

(755 ILCS 66/7) (Section scheduled to be repealed on December 31, 2027) Sec. 7. Definitions. As used in this Act: "Department" means the Department of Public Health. "Qualified medical science institution" means an institution of medical, mortuary, or other sciences meeting the r…

(755 ILCS 75/7) Sec. 7. Cotenant buyout. (a) If any cotenant requested partition by sale, after the determination of value under Section 6, the court shall order the plaintiff to send notice to the parties that any cotenant except a cotenant that requested partition by sale may b…

(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 10/7) (from Ch. 110 1/2, par. 57) Sec. 7. International will; revocation. An international will is subject to the ordinary rules of revocation of wills. (Source: P.A. 86-1291.)

(755 ILCS 5/7-1) (from Ch. 110 1/2, par. 7-1) Sec. 7-1. Foreign will admitted to probate.) A will signed by the testator when proved as provided in this Article may be admitted to probate in this State when (a) the will has been admitted to probate outside of this State or (b) th…

(755 ILCS 5/7-2) (from Ch. 110 1/2, par. 7-2) Sec. 7-2. Procedure for probate of foreign will.) The provisions of this Act concerning the procedure for the admission to probate of a domestic will govern the procedure for the admission to probate of a foreign will sought to be adm…

(755 ILCS 5/7-3) (from Ch. 110 1/2, par. 7-3) Sec. 7-3. Proof of foreign will by copy.) (a) A written will admitted to probate outside of this State is sufficiently proved to admit it to probate in this State by introducing in evidence an authenticated copy of the will and the pr…

(755 ILCS 5/7-4) (from Ch. 110 1/2, par. 7-4) Sec. 7-4. Original proof of foreign will in this State.) (a) A will executed outside of this State in accordance with this Act is sufficiently proved to admit it to probate in this State when proved in this State in the manner provide…

(755 ILCS 5/7-5) (from Ch. 110 1/2, par. 7-5) Sec. 7-5. Effect of probate of foreign will.) The admission to probate in this State of a will executed and proved in the manner provided by this Article has the same effect in all respects as the admission to probate of a domestic wi…

(755 ILCS 5/7-6) (from Ch. 110 1/2, par. 7-6) Sec. 7-6. Disposition of personal estate of nonresident decedent.) If a nonresident decedent who is a citizen of the United States or a citizen or subject of a foreign country, provides in his will that the testamentary disposition of…

(755 ILCS 40/70) Sec. 70. Format. The affidavit, medical record, documents, and forms referred to in this Act may be in hard copy or electronic format. Nothing in this Act is intended to prevent the population of an affidavit, medical record, document, or form with electronic dat…

(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 43/70) Sec. 70. Withdrawal of attorney-in-fact. (1) An attorney-in-fact may withdraw by giving notice to the principal. If a principal is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician. The attending physician shall note the wit…

(755 ILCS 9/70) (Text of Section before amendment by P.A. 104-663) Sec. 70. Term of agreement; revocation. (a) A supported decision-making agreement extends until terminated by either party or by the terms of the agreement. (b) A supported decision-making agreement is terminated …

(755 ILCS 43/75) Sec. 75. Form of declaration. A declaration for mental health treatment shall be in substantially the following form: DECLARATION FOR MENTAL HEALTH TREATMENT I ................., being an adult of sound mind, willfully and voluntarily make this declaration for me…

(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 35/8) (from Ch. 110 1/2, par. 708) Sec. 8. Penalties. (a) Any person who willfully conceals, cancels, defaces, obliterates, or damages the declaration of another without such declarant's consent or who falsifies or forges a revocation of the declaration of another or wh…

(755 ILCS 75/8) Sec. 8. Partition alternatives. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 7, or if after conclusion of the buyout under Section 7, a cotenant remains that has requested parti…

(755 ILCS 70/8) Sec. 8. Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electroni…

(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 5/8-1) (from Ch. 110 1/2, par. 8-1) Sec. 8-1. Contest of admission of will to probate; notice. (a) Within 6 months after the admission to probate of a domestic will in accordance with the provisions of Section 6-4 or Section 20-20 or 20-25 of the Electronic Wills, Elect…

(755 ILCS 5/8-2) (from Ch. 110 1/2, par. 8-2) Sec. 8-2. Contest of denial of admission of will to probate. (a) Within 6 months after the entry of an order denying admission to probate of a domestic will in accordance with the provisions of Section 6-4 or Section 20-20 or 20-25 of…

(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 43/85) Sec. 85. (Amendatory provisions; text omitted). (Source: P.A. 89-439, eff. 6-1-96.)

(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 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 70/9) Sec. 9. Disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the prin…

(755 ILCS 75/9) Sec. 9. Consideration for partition in kind. (a) In determining under Section 8(a) whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following: (1) whether the heirs property practicably can be d…

(755 ILCS 35/9) (from Ch. 110 1/2, par. 709) Sec. 9. General provisions. (a) The withholding or withdrawal of death delaying procedures from a qualified patient in accordance with the provisions of this Act shall not, for any purpose, constitute a suicide. (b) The making of a dec…

(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1) Sec. 9-1. Who may act as administrator. 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 and has not been con…

(755 ILCS 5/9-10) (from Ch. 110 1/2, par. 9-10) Sec. 9-10. Omitted or unnotified heir. If it appears after entry of an order directing that original letters of office issue to an administrator that a person entitled to notice under subsection (a) or (b) of Section 9-5 or under Se…

(755 ILCS 5/9-2) (from Ch. 110 1/2, par. 9-2) Sec. 9-2. Issuance of letters of administration.) When a person dies intestate, letters of administration shall be issued in accordance with the preferences in Section 9-3 upon petition therefor, unless the issuance of letters is excu…

(755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3) Sec. 9-3. Persons entitled to preference in obtaining letters. The following persons are entitled to preference in the following order in obtaining the issuance of letters of administration and of administration with the will annexed:…

(755 ILCS 5/9-4) (from Ch. 110 1/2, par. 9-4) Sec. 9-4. Petition to issue letters.) Anyone desiring to have letters of administration issued on the estate of an intestate decedent shall file a petition therefor in the court of the proper county. The petition shall state, if known…

(755 ILCS 5/9-5) (from Ch. 110 1/2, par. 9-5) Sec. 9-5. Notice-Waiver.) (a) Not less than 30 days before the hearing on the petition to issue letters, the petitioner shall mail a copy of the petition, endorsed with the time and place of the hearing, to each person named in the pe…

(755 ILCS 5/9-6) (from Ch. 110 1/2, par. 9-6) Sec. 9-6. Petition to issue letters on presumption of death of decedent - notice - waiver.) (a) Anyone desiring to have original letters of administration issued on the presumption of death of the decedent shall file a petition theref…

(755 ILCS 5/9-7) (from Ch. 110 1/2, par. 9-7) Sec. 9-7. Revocation of letters and issuance of new letters of administration - preference.) If the petitioner has not mailed, as provided in this Article, a copy of the petition for letters of administration to any person, whether or…

(755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8) Sec. 9-8. Distribution on summary administration. Upon the filing of a petition therefor in the court of the proper county by any interested person and after ascertainment of heirship of the decedent and admission of the will, if any,…

(755 ILCS 5/9-9) (from Ch. 110 1/2, par. 9-9) Sec. 9-9. Payment or delivery of personal estate on order for summary administration.) Upon receipt of an authenticated copy of the order of the court, as provided in Section 9-8, any person or corporation indebted to or holding the p…

(755 ILCS 35/9.5) Sec. 9.5. Operation of living will. Subject to Section 3.5 and Section 9(l), a declaration under this Act becomes operative when all of the following conditions have been met: (1) it has been validly executed; (2) it has not been revoked in accordance with Secti…