Chapter 755 — ESTATES

(755 ILCS 65/1) Sec. 1. Short title. This Act may be cited as the Disposition of Remains Act. (Source: P.A. 94-561, eff. 1-1-06.)

(755 ILCS 65/10) Sec. 10. Form. The written instrument authorizing the disposition of remains under paragraph (1) of Section 5 of this Act shall be in substantially the following form: "APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS I, ................................, be…

(755 ILCS 65/15) Sec. 15. Requirements for written instrument under paragraph (1) of Section 5 of this Act. A written instrument is legally sufficient under paragraph (1) of Section 5 if the wording of the instrument complies substantially with Section 10, the instrument is prope…

(755 ILCS 65/20) Sec. 20. Duties of authorized agent. (a) A person listed in Section 5 has the right, duty, and liability provided by that Section only if there is no person in a priority listed before the person. (b) If any person who would otherwise have the right to control di…

(755 ILCS 65/25) Sec. 25. Body parts. In the case of body parts, a representative of the institution that has arranged with a funeral home, cemetery, or crematory authority to cremate or make other appropriate disposition of the body parts may serve as the authorizing agent. (Sou…

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

(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 65/40) Sec. 40. Directions by decedent. (a) A person may provide written directions for the disposition or designate an agent to direct the disposition, including cremation, of the person's remains in a will, a prepaid funeral or burial contract, a power of attorney tha…

(755 ILCS 65/45) Sec. 45. Liability. There shall be no liability for a cemetery organization, a business operating a crematory or columbarium or both, a funeral director or an embalmer, or a funeral establishment that carries out the written directions of a decedent or the direct…

(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 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 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 66/10) (Section scheduled to be repealed on December 31, 2027) Sec. 10. Indigent funeral and burial. (a) If private funds are not available to pay funeral and burial costs and a request is made for those costs to an official of State or local government by an appropriat…

(755 ILCS 66/15) (Section scheduled to be repealed on December 31, 2027) Sec. 15. Donation of unclaimed cadavers in the custody of the State. (a) The director of any State facility in custody of a cadaver shall make reasonable efforts to contact a family member or other person re…

(755 ILCS 66/20) (Section scheduled to be repealed on December 31, 2027) Sec. 20. Institution of medical, mortuary, or other sciences. (a) A qualified medical science institution receiving a cadaver pursuant to Section 15 of this Act shall: (1) hold the cadaver at its facility fo…

(755 ILCS 66/25) (Section scheduled to be repealed on December 31, 2027) Sec. 25. Registry of contributed cadavers and institutions of medical, mortuary, or other sciences. (a) An institution of medical, mortuary, or other sciences is eligible to receive a contributed cadaver und…

(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 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 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 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 66/90) Sec. 90. (Amendatory provisions; text omitted). (Source: P.A. 100-526, eff. 6-1-18; text omitted.)

(755 ILCS 66/95) Sec. 95. (Amendatory provisions; text omitted). (Source: P.A. 100-526, eff. 6-1-18; text omitted.)

(755 ILCS 70/1) Sec. 1. Short title. This Act may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act (2015). (Source: P.A. 99-775, eff. 8-12-16.)

(755 ILCS 70/10) Sec. 10. Disclosure of other digital assets of principal. Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority…

(755 ILCS 70/11) Sec. 11. Disclosure of digital assets held in trust when trustee is original user. Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held i…

(755 ILCS 70/12) Sec. 12. Disclosure of contents of electronic communications held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of…

(755 ILCS 70/13) Sec. 13. Disclosure of other digital assets held in trust when trustee not original user. Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a c…

(755 ILCS 70/14) Sec. 14. Disclosure of contents of electronic communications and digital assets to guardian of person with a disability. (a) After an opportunity for a hearing under Article XIa of the Probate Act of 1975, the court may direct the disclosure of the digital assets…

(755 ILCS 70/15) Sec. 15. Fiduciary duty and authority. (a) (Blank). (b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user: (1) except as otherwise provided in Section 4, is subject to the applicable terms of service; (2) is subject to ot…

(755 ILCS 70/16) Sec. 16. Custodian compliance and immunity. (a) Not later than 60 days after receipt of the information required under Sections 7 through 15, a custodian shall comply with a request under this Act from a fiduciary or designated recipient to disclose digital asset…

(755 ILCS 70/17) Sec. 17. (Blank). (Source: P.A. 99-775, eff. 8-12-16.)

(755 ILCS 70/18) Sec. 18. Relation to Electronic Signatures in Global and National Commerce Act. This Act 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 supersede Sectio…

(755 ILCS 70/19) Sec. 19. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or applicatio…

(755 ILCS 70/2) Sec. 2. Definitions. In this Act: (1) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means…

(755 ILCS 70/20) Sec. 20. (Amendatory provisions; text omitted). (Source: P.A. 99-775, eff. 8-12-16; text omitted.)

(755 ILCS 70/21) Sec. 21. Effective date. This Act takes effect upon becoming law. (Source: P.A. 99-775, eff. 8-12-16.)

(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 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 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 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 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 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 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 75/1) Sec. 1. Short title. This Act may be cited as the Uniform Partition of Heirs Property Act. (Source: P.A. 101-520, eff. 8-23-19.)

(755 ILCS 75/10) Sec. 10. Open-market sale, sealed bids, or auction. (a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best inte…

(755 ILCS 75/11) Sec. 11. Report of open-market sale. (a) Unless required to do so within a shorter time by Article XVII of the Code of Civil Procedure, a broker appointed under Section 10(b) to offer heirs property for open-market sale shall file a report with the court not late…

(755 ILCS 75/12) Sec. 12. Costs. In all proceedings for the partition of heirs property, the court shall apportion the costs of the proceedings, including a reasonable fee for the plaintiff's attorney, among the parties in interest in the action, as the court deems just and equit…

(755 ILCS 75/2) Sec. 2. Definitions. In this Act: (1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. (2) "Collateral" means an individual who is related to another individual under the law of int…

(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…