Public Act 90-0803 of the 90th General Assembly
Public Act 90-0803
SB1755 Enrolled LRB9011678SMdv
AN ACT to amend the Probate Act of 1975 by changing
Section 2-2.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Probate Act of 1975 is amended by
changing Section 2-2 as follows:
(755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
Sec. 2-2. Illegitimates. The intestate real and
personal estate of a resident decedent who was illegitimate
at the time of death and the intestate real estate in this
State of a nonresident decedent who was illegitimate at the
time of death, after all just claims against his estate are
fully paid, descends and shall be distributed as provided in
Section 2-1, subject to Section 2-6.5 of this Act, if both
parents are eligible parents. As used in this Section,
"eligible parent" means a parent of the decedent who, during
the decedent's lifetime, acknowledged the decedent as the
parent's child, established a parental relationship with the
decedent, and supported the decedent as the parent's child.
"Eligible parents" who are in arrears of in excess of one
year's child support obligations shall not receive any
property benefit or other interest of the decedent unless and
until a court of competent jurisdiction makes a determination
as to the effect on the deceased of the arrearage and allows
a reduced benefit. In no event shall the reduction of the
benefit or other interest be less than the amount of child
support owed for the support of the decedent at the time of
death. The court's considerations shall include but are not
limited to the considerations in subsections (1) through (3)
of Section 2-6.5 of this Act.
If neither parent is an eligible parent, the intestate
real and personal estate of a resident decedent who was
illegitimate at the time of death and the intestate real
estate in this State of a nonresident decedent who was
illegitimate at the time of death, after all just claims
against his or her estate are fully paid, descends and shall
be distributed as provided in Section 2-1, but the parents of
the decedent shall be treated as having predeceased the
decedent.
If only one parent is an eligible parent, the intestate
real and personal estate of a resident decedent who was
illegitimate at the time of death and the intestate real
estate in this State of a nonresident decedent who was
illegitimate at the time of death, after all just claims
against his or her estate are fully paid, subject to Section
2-6.5 of this Act, descends and shall be distributed as
follows:
(a) If there is a surviving spouse and also a descendant
of the decedent: 1/2 of the entire estate to the surviving
spouse and 1/2 to the decedent's descendants per stirpes.
(b) If there is no surviving spouse but a descendant of
the decedent: the entire estate to the decedent's
descendants per stirpes.
(c) If there is a surviving spouse but no descendant of
the decedent: the entire estate to the surviving spouse.
(d) If there is no surviving spouse or descendant but
the eligible parent mother or a descendant of the eligible
parent mother of the decedent: the entire estate to the
eligible parent mother and the eligible parent's her
descendants, allowing 1/2 to the eligible parent mother and
1/2 to the eligible parent's her descendants per stirpes.
(e) If there is no surviving spouse, descendant,
eligible parent, mother or descendant of the eligible parent
mother of the decedent, but a maternal grandparent on the
eligible parent's side of the family or descendant of such a
maternal grandparent of the decedent: the entire estate to
the decedent's maternal grandparents on the eligible parent's
side of the family in equal parts, or to the survivor of
them, or if there is none surviving, to their descendants per
stirpes.
(f) If there is no surviving spouse, descendant,
eligible parent mother, descendant of the eligible parent
mother, maternal grandparent on the eligible parent's side of
the family, or descendant of such a maternal grandparent of
the decedent: the entire estate to the decedent's maternal
great-grandparents on the eligible parent's side of the
family in equal parts or to the survivor of them, or if there
is none surviving, to their descendants per stirpes.
(g) If there is no surviving spouse, descendant,
eligible parent mother, descendant of the eligible parent
mother, maternal grandparent on the eligible parent's side of
the family, descendant of such a maternal grandparent,
maternal great-grandparent on the eligible parent's side of
the family, or descendant of such a maternal
great-grandparent of the decedent: the entire estate in
equal parts to the nearest kindred of the eligible parent
mother of the decedent in equal degree (computing by the
rules of the civil law) and without representation.
(h) If there is no surviving spouse, descendant, or
eligible parent mother of the decedent and no known kindred
of the eligible parent mother of the decedent: the real
estate escheats to the county in which it is located; the
personal estate physically located within this State and the
personal estate physically located or held outside this State
which is the subject of ancillary administration within this
State escheats to the county of which the decedent was a
resident or, if the decedent was not a resident of this
State, to the county in which it is located; all other
personal property of the decedent of every class and
character, wherever situate, or the proceeds thereof, shall
escheat to this State and be delivered to the Director of
Financial Institutions of this State pursuant to the Uniform
Disposition of Unclaimed Property Act.
For purposes of inheritance, the changes made by this
amendatory Act of 1998 apply to all decedents who die on or
after the effective date of this amendatory Act of 1998. For
the purpose of determining the property rights of any person
under any instrument, the changes made by this amendatory Act
of 1998 apply to all instruments executed on or after the
effective date of this amendatory Act of 1998.
An illegitimate person is heir of his mother and of any
maternal ancestor and of any person from whom his mother
might have inherited, if living; and the descendants of an
illegitimate person shall represent such person and take by
descent any estate which the parent would have taken, if
living. If a decedent has acknowledged paternity of an
illegitimate person or if during his lifetime or after his
death a decedent has been adjudged to be the father of an
illegitimate person, that person is heir of his father and of
any paternal ancestor and of any person from whom his father
might have inherited, if living; and the descendants of an
illegitimate person shall represent that person and take by
descent any estate which the parent would have taken, if
living. If during his lifetime the decedent was adjudged to
be the father of an illegitimate person by a court of
competent jurisdiction, an authenticated copy of the judgment
is sufficient proof of the paternity; but in all other cases
paternity must be proved by clear and convincing evidence. A
person who was illegitimate whose parents intermarry and who
is acknowledged by the father as the father's child is
legitimate. After an illegitimate person is adopted, that
person's relationship to his or her adopting and natural
parents shall be governed by Section 2-4 of this Act. For
purposes of inheritance, the changes made by this amendatory
Act of 1997 apply to all decedents who die on or after
January 1, 1998. For the purpose of determining the property
rights of any person under any instrument, the changes made
by this amendatory Act of 1997 apply to all instruments
executed on or after January 1, 1998.
(Source: P.A. 90-237, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.