Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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ESTATES755 ILCS 5/16-1
(755 ILCS 5/) Probate Act of 1975.
(755 ILCS 5/16-1)
(from Ch. 110 1/2, par. 16-1)
Citation on behalf of estate.
(a) Upon the filing of a
petition therefor by the representative or by any other person
interested in the estate or, in the case of an estate of a ward by any other
person, the court shall order a citation to
issue for the appearance before it of any person whom the petitioner
believes (1) to have concealed, converted or embezzled or to have in his
possession or control any personal property, books of account, papers or
evidences of debt or title to lands which belonged to a person whose
estate is being administered in that court or which belongs to his
estate or to his representative or (2) to have information or knowledge
withheld by the respondent from the representative and needed by the
representative for the recovery of any property by suit or otherwise.
The petition shall contain a request for the relief sought.
(b) The citation must be served not less than 10 days before the
return day designated in the citation and must be served and returned in
the manner provided for summons in civil cases.
If there is a personal representative who is not the respondent, notice of
the proceeding shall be given by mail or in person to the personal
representative not less than 5 days before the return day designated in the
(c) If the representative is the respondent, the court may appoint a
special administrator to represent the estate. The court may permit the
special administrator to prosecute or defend an appeal.
(d) The court may examine the respondent on oath whether or not the
petitioner has proved the matters alleged in the petition, may hear the
evidence offered by any party, may determine all questions of title,
claims of adverse title and the right of property and may enter such
orders and judgment as the case requires. If the respondent refuses to
answer proper questions put to him or refuses to obey the court's order
to deliver any personal property or, if converted, its proceeds or
value, or books of account, papers or evidences of debt or title to
lands, the court may commit him to jail until he complies with the order
of the court or is discharged by due course of law and the court may
enforce its order against the respondent's real and
personal property in the manner in which judgments for the payment of
money are enforced. The court may tax the costs of the proceeding against
the respondent and enter judgment therefor against him.
(Source: P.A. 99-93, eff. 1-1-16; 99-497, eff. 1-29-16
755 ILCS 5/16-2
(755 ILCS 5/16-2)
(from Ch. 110 1/2, par. 16-2)
Personal property claimed by third party.) Upon the
filing of a petition therefor by any person and upon such notice as the court may
direct, the court may order a representative having in his possession or control
any personal property, book of account, paper or evidence of title to land or of
debt which belongs to the petitioner to deliver the same to the petitioner or his
agent. The court may hear the evidence offered by any party, may determine all
questions of title, claims of adverse title and the right of property and may enter
such orders and judgment as the case requires.
(Source: P.A. 79-328.)
755 ILCS 5/16-3
(755 ILCS 5/16-3)
(from Ch. 110 1/2, par. 16-3)
Trial by jury.
Upon the demand of a party to a proceeding
under Section 16-1 or 16-2, questions of title, claims of adverse title and the
right of property shall be determined by a jury.
(Source: P.A. 91-357, eff. 7-29-99.)
755 ILCS 5/Art. XVIII
(755 ILCS 5/Art. XVIII heading)
CLAIMS AGAINST ESTATES
755 ILCS 5/18-1
(755 ILCS 5/18-1)
(from Ch. 110 1/2, par. 18-1)
Filing of claims - mailing or delivery of copies).
(a) A claim
against the estate of a decedent or ward, whether based on contract,
tort, statutory custodial claim or otherwise, may be filed
with the representative or the court or both. When a claim is filed with
the representative but not with the court, the representative may file the
claim with the court but has no duty to do so.
(b) Within 10 days after a claimant files his claim with the court, the
claimant (1) shall cause a copy of the claim to be mailed or delivered
to each representative to whom letters of office have been issued
and not revoked, including the guardian of the person of a ward and to the
representative's attorney of record, unless the
or the attorney has in writing either consented to allowance of the
or waived mailing or delivery of a copy, and (2) shall file with the court
proof of any required mailing or delivery of copies. Failure to mail or
deliver copies of the claim or to file proof thereof does not affect the
validity of the claim filing under subsection 18-1(a).
(Source: P.A. 89-396, eff. 8-20-95.)
755 ILCS 5/18-1.1
(755 ILCS 5/18-1.1)
(from Ch. 110 1/2, par. 18-1.1)
Statutory custodial claim.
Any spouse, parent, brother,
sister, or child of a person with a disability who dedicates himself or herself to the
care of the person with a disability by living with and personally caring for the
person with a disability for at least 3 years shall be entitled to a claim against
the estate upon the death of the person with a disability. The claim shall take
into consideration the claimant's lost employment opportunities, lost
lifestyle opportunities, and emotional distress experienced as a result of
personally caring for the person with a disability. Notwithstanding the statutory claim amounts stated in this Section, a court may reduce an amount to the extent that the living arrangements were intended to and did in fact also provide a physical or financial benefit to the claimant. The factors a court may consider in determining whether to reduce a statutory custodial claim amount may include but are not limited to: (i) the free or low cost of housing provided to the claimant; (ii) the alleviation of the need for the claimant to be employed full time; (iii) any financial benefit provided to the claimant; (iv) the personal care received by the claimant from the decedent or others; and (v) the proximity of the care provided by the claimant to the decedent to the time of the decedent's death. The claim shall be in addition
to any other claim, including without limitation a reasonable claim for
nursing and other care. The claim shall be based upon the nature and
extent of the person's disability and, at a minimum but subject to the
extent of the assets available, shall be in the amounts set forth below:
1. 100% disability, $180,000
2. 75% disability, $135,000
3. 50% disability, $90,000
4. 25% disability, $45,000
(Source: P.A. 99-143, eff. 7-27-15.)
755 ILCS 5/18-2
(755 ILCS 5/18-2)
(from Ch. 110 1/2, par. 18-2)
Claim form.) Every claim filed must be in writing and state
sufficient information to notify the representative of the nature of the
claim or other relief sought.
(Source: P.A. 81-213.)
755 ILCS 5/18-3
(755 ILCS 5/18-3)
(from Ch. 110 1/2, par. 18-3)
Notice - Publication.
(a) It is the duty of the representative to
publish once each week for 3 successive
weeks, and to mail or deliver to each creditor of the decedent whose name
and post office address are known to or are reasonably ascertainable by the
representative and whose claim has not been allowed or disallowed as
provided in Section 18-11,
a notice stating the death of the decedent, the name and address of
the representative and
of his attorney of record, that claims may be filed on or
before the date stated in the notice, which date shall be not less than 6
months from the date of the first publication or 3 months from the date of
mailing or delivery, whichever is later, and that any claim not filed on or
that date is barred.
(b) The published notice under subsection (a) of this Section must
be published in a newspaper published
in the county where the estate is being administered and may be combined
with any notice under Section 6-10 or subsection (b) of Section 9-5.
must file proof of publication with the clerk of the court.
(Source: P.A. 86-815.)
755 ILCS 5/18-4
(755 ILCS 5/18-4)
(from Ch. 110 1/2, par. 18-4)
Claims not due.) A claim against a decedent's estate that
is not due may be filed and allowed and paid out of the estate as other
claims but interest which has been included as a part of the principal obligation,
computed from the time of the allowance of the claim to the time when it
would have become due, shall be deducted.
(Source: P.A. 81-213.)
755 ILCS 5/18-5
(755 ILCS 5/18-5)
(from Ch. 110 1/2, par. 18-5)
Pleadings.) (a) The representative or any other person whose rights may
be affected by the allowance of a claim or counterclaim may file pleadings
with the clerk of the
court within 30 days after mailing or delivery of the copy of the claim.
A claim or counterclaim
may be filed in favor of the estate and against any claimant named in the claim.
(b) The court may order the claimant, the representative or any other
interested person to
file such pleadings as the court directs.
(Source: P.A. 79-328.)
755 ILCS 5/18-6
(755 ILCS 5/18-6)
(from Ch. 110 1/2, par. 18-6)
Jury trial.) Any interested person may demand a jury to try
the issue in accordance with the following, otherwise he waives a jury:
(a) A claimant or counterclaimant must file the jury demand at the time of filing the
claim or counterclaim.
(b) A person opposing a claim or counterclaim must file the jury demand not later than
the filing of his answer or other pleading.
(c) If the claimant or counterclaimant files a jury demand and thereafter
waives a jury,
the person opposing the claim or counterclaim shall be granted a jury trial
upon demand therefor
made promptly after being advised of the waiver. For good cause shown,
the court may permit a
jury demand to be filed after expiration of the time specified.
(Source: P.A. 80-808.)
755 ILCS 5/18-7
(755 ILCS 5/18-7)
(from Ch. 110 1/2, par. 18-7)
Procedure on hearing of claims.) (a) On the call of a claim
it may be allowed, set for trial, continued or dismissed. A claim which is
consented to by the representative or his attorney or to which no pleading
has been filed within the time provided by this Act may be taken as proved
or the court may require the claimant to prove his claim.
(b) If it appears at the hearing on a counterclaim filed in favor of the
estate and against a claimant that he is indebted to the estate, after
allowing him all just credits, deductions and set-offs, the court may enter
judgment for the amount of the indebtedness.
(Source: P.A. 84-547; 84-551.)
755 ILCS 5/18-8
(755 ILCS 5/18-8)
(from Ch. 110 1/2, par. 18-8)
Claim of representative or his
If a representative or the representative's
attorney has a claim against the estate, that
person must file a claim as other
persons and the court may appoint a special administrator to appear and
defend for the estate.
The court may permit the special administrator to prosecute or defend an appeal
allowance or disallowance of the claim.
In the administration of the estate of a person with a disability, notice of the claim of a
representative or his or her attorney shall be given by mail or in person to
ward and to all other representatives of the ward's person or estate, within 10
days of filing.
(Source: P.A. 99-143, eff. 7-27-15.)
755 ILCS 5/18-9
(755 ILCS 5/18-9)
(from Ch. 110 1/2, par. 18-9)
Costs.) If a claim for which a filing fee is required to be paid is filed,
the clerk of the court shall collect the filing fee from the claimant.
All other costs of
proceedings with respect to claims and counterclaims shall be awarded in
the discretion of
(Source: P.A. 79-328.)
755 ILCS 5/18-10
(755 ILCS 5/18-10)
(from Ch. 110 1/2, par. 18-10)
Classification of claims against decedent's estate.
claims against the estate of a decedent are divided into classes in the
1st: Funeral and burial expenses, expenses of administration,
statutory custodial claims, and final fees and costs as determined by the court relating to guardianship, including fees awarded under Section 11a-13.5, 13-3, 13-3.1, 27-1, 27-2, or 27-4. For the purposes of this paragraph, funeral and
burial expenses paid by any person, including a surviving spouse, are
funeral and burial expenses; and funeral and burial expenses include
reasonable amounts paid for a burial space, crypt or niche, a marker on the
burial space, care of the burial space, crypt or niche, and interest on
these amounts. Interest on these amounts shall accrue beginning 60 days
after issuance of letters of office to the representative of the decedent's
estate, or if no such letters of office are issued, then beginning 60 days
after those amounts are due, up to the rate of 9% per annum as allowed by
contract or law.
2nd: The surviving spouse's or child's award.
3rd: Debts due the United States.
4th: Reasonable and necessary medical, hospital, and nursing home expenses for the care of the decedent during the year immediately preceding death; and money due employees of the decedent of not more than $800 for each
claimant for services rendered within 4 months prior to the decedent's
5th: Money and property received or held in trust by decedent which
cannot be identified or traced.
6th: Debts due this State and any county, township, city, town, village
or school district located within this State.
7th: All other claims.
(Source: P.A. 102-72, eff. 1-1-22
755 ILCS 5/18-11
(755 ILCS 5/18-11)
(from Ch. 110 1/2, par. 18-11)
Allowance and disallowance of claims by representative.
(a) The representative may at any time pay or consent in writing to all
or any part of any claim that is not barred under Section 18-12, if
and to the extent the claim has not been disallowed by the
court and the representative determines it to be valid. Payment or consent
by the representative constitutes allowance of the claim and binds the estate.
When a claim filed with the court is allowed by the representative, the
representative must promptly file notice of the allowance with the court,
but failure to do so will not affect the allowance. At the request of any
interested person the representative must establish the propriety of his
allowance of any claim.
(b) The representative may at any time disallow all or any part of any
claim that has not been filed with the court by mailing or delivering a
notice of disallowance to the claimant, and to the claimant's attorney if
the attorney's name and address are known to the representative, stating
that if the claim is not filed with the court on or before the date stated
in the notice, which date shall be not less than 2 months from the date of
the notice, the claim will be barred. A claim
disallowed by the representative under this subsection and not filed with
the court on or before the date stated in the notice shall be barred under
Section 18-12 in the same manner as a claim not timely filed.
(Source: P.A. 86-815.)
755 ILCS 5/18-12
(755 ILCS 5/18-12)
(from Ch. 110 1/2, par. 18-12)
Limitations on payment of claims.
(a) Every claim against the estate of a decedent, except expenses of
administration and surviving spouse's or child's award, is barred as to all of
the decedent's estate if:
(1) Notice is given to the claimant as provided in
Section 18-3 and the claimant does not file a claim with the representative or the court on or before the date stated in the notice; or
(2) Notice of disallowance is given to the claimant
as provided in Section 18-11 and the claimant does not file a claim with the court on or before the date stated in the notice; or
(3) The claimant or the claimant's address is not
known to or reasonably ascertainable by the representative and the claimant does not file a claim with the representative or the court on or before the date stated in the published notice as provided in Section 18-3.
(b) Unless sooner barred under subsection (a) of this Section, all
claims which could have been barred under this Section
are, in any event, barred 2 years after decedent's death, whether or not
letters of office are issued upon the estate of the decedent.
(c) This Section does not bar actions to establish liability of the
decedent to the extent the estate is protected by liability insurance.
(d) Except with respect to a claimant whose claim is known to the
representative and is not paid or otherwise barred under this Section, a
representative who acts in good faith to determine and give notice to
creditors of a decedent, as provided in Section 18-3, is not personally
liable to a creditor of a decedent, but any claim not barred under this
Section may be asserted against (1) the estate, to the extent that assets
have not been distributed, and (2) a distributee of the estate (other than
a creditor), but only to the extent that the distributee's share of the
estate will not, in effect, be diminished below what the distributee would
have received had the claim been paid by the representative.
(Source: P.A. 89-21, eff. 7-1-95; 89-686, eff. 12-31-96.)