Illinois

Sec. 1-1. Title.

Sec. 1-2. Definitions.

Sec. 1-2.01. "Administrator" includes administrator de bonis non and administrator with the will annexed.

Sec. 1-2.02. "Administrator with the will annexed" includes administrator de bonis non with the will annexed.

Sec. 1-2.03. "Authenticated copy" means (1) a certified copy if the office in which the record of the original is kept is in this State or (2) a copy exemplified in pursuanc.

Sec. 1-2.04. "Bequeath" means to dispose of real or personal property by will and includes devise.

Sec. 1-2.05. "Claim" includes any cause of action.

Sec. 1-2.06. "Dependent" means a person who is unable to maintain himself and is likely to become a public charge.

Sec. 1-2.07. "Encumbrance" includes mortgage, real estate tax or special assessment, deed of trust, vendor's lien, security agreement and other lien.

Sec. 1-2.08. "Guardian" includes a representative of a minor and a representative of a person under legal disability.

Sec. 1-2.09. "Independent administration" means administration of a decedent's estate pursuant to Article XXVIII.

Sec. 1-2.10. "Independent representative" means an executor or administrator acting pursuant to Article XXVIII.

Sec. 1-2.11. "Interested person" in relation to any particular action, power or proceeding under this Act means one who has or represents a financial interest, property righ.

Sec. 1-2.12. "Legacy" means a testamentary disposition of real or personal property and includes devise and bequest.

Sec. 1-2.13. "Mortgage" includes trust deed in the nature of a mortgage.

Sec. 1-2.14. "Personal fiduciary" means one acting on behalf of a ward pursuant to Section 28-3 during independent administration.

Sec. 1-2.15. "Representative" includes executor, administrator, administrator to collect, standby guardian, guardian and temporary guardian.

Sec. 1-2.16. "Supervised administration" means administration of a decedent's estate pursuant to the provisions of this Act other than Article XXVIII.

Sec. 1-2.17. "Ward" includes a minor or a person with a disability.

Sec. 1-2.18. "Will" includes electronic will, certified paper copy of an electronic will, testament and codicil.

Sec. 1-2.19. Words importing the masculine, feminine or neuter gender include each of the other genders where applicable.

Sec. 1-2.20. Words importing the singular number include the plural and words importing the plural number include the singular.

Sec. 1-2.21. Words referring to the property or estate of a person under the age of 18 years exclude "custodial property" as defined in the Illinois Uniform Transfers to Min.

Sec. 1-2.22. In any proceeding under this Act the words "executor", "administrator", "guardian" and "testator" may be used without regard to the sex of the person.

Sec. 1-2.23. "Standby guardian" means: (i) a guardian of the person or estate, or both, of a minor, as appointed by the court under Section 11-5.

Sec. 1-2.24. "Short-term guardian" means a guardian of the person of a minor as appointed by a parent of the minor under Section 11-5.

Sec. 1-2.25. Where this Act requires information to be "written" or "in writing", or provides for certain consequences if it is not, an electronic record under the Electroni.

Sec. 1-2.26. "In the presence of" and any variation thereof includes:.

Sec. 1-3. Corporation as representative.

Sec. 1-4. Pleadings.

Sec. 1-5. Petition under oath.

Sec. 1-6. Civil Practice Law applies.

Sec. 1-7. Mispleading - representative not liable beyond assets.

Sec. 1-8. Penalty for false affidavit.

Sec. 1-9. Act to be liberally construed.

Sec. 1-10. Partial invalidity.

Sec. 1-11. Nonresident representative.

Sec. 2-1. Rules of descent and distribution.

Sec. 2-2. Children born out of wedlock.

Sec. 2-3. Posthumous child.

Sec. 2-4. Adopted child.

Sec. 2-5. Advancements.

Sec. 2-6. Person causing death.

Sec. 2-6.2. Financial exploitation, abuse, or neglect of an elderly person or a person with a disability.

Sec. 2-6.5. Parent neglecting child.

Sec. 2-6.6. Person convicted of or found civilly liable for certain offenses against the elderly or a person with a disability.

Sec. 2-7. Disclaimer.

Sec. 2-8. Renunciation of will by spouse.

Sec. 2-9. Dower and Curtesy.

Sec. 3-1. No sufficient evidence of survivorship.

Sec. 3-2. Uniformity of interpretation.

Sec. 4-1. Capacity of testator.

Sec. 4-2. (Repealed).

Sec. 4-3. Signing and attestation.

Sec. 4-4. Testamentary additions to trusts.

Sec. 4-5. Insurance and death benefits payable to testamentary trustee.

Sec. 4-6. Beneficiary or creditor as witness.

Sec. 4-7. Revocation - revival.

Sec. 4-8. Contract for sale.

Sec. 4-9. Effect of alteration.

Sec. 4-10. Effect of child born after will.

Sec. 4-11. Legacy to a deceased legatee.

Sec. 4-13. Effect of order admitting will to probate.

Sec. 4-14. Intestate estate of testator.

Sec. 4-15. Debtor as executor.

Sec. 4a-5. Definitions.

Sec. 4a-10. Presumption of void transfer.

Sec. 4a-15. Exceptions.

Sec. 4a-20. Common law.

Sec. 4a-25. Attorney's fees and costs.

Sec. 4a-30. No independent duty.

Sec. 4a-35. Applicability.

Sec. 5-1. Place of probate of will or of administration of estate.

Sec. 5-2. Situs of personal estate of nonresident decedent or missing person.

Sec. 5-3. Power to ascertain and declare heirship - evidence.

Sec. 6-1. Duty to file will - altering, destroying or secreting.

Sec. 6-2. Petition to admit will or to issue letters.

Sec. 6-3. Duty of executor to present will for probate.

Sec. 6-4. Admission of will to probate - testimony or affidavit of witnesses.

Sec. 6-5. Deposition of witness.

Sec. 6-6. Proof of handwriting of a deceased or inaccessible witness or a witness with a disability.

Sec. 6-7. Will to remain with clerk.

Sec. 6-8. Issuance of letters testamentary.

Sec. 6-9. Failure or refusal to qualify - death, resignation or revocation of letters - non-designation.

Sec. 6-10. Notice - waiver.

Sec. 6-11. Omitted or unnotified heir or legatee.

Sec. 6-12. Appointment of guardian ad litem.

Sec. 6-14. Power of executor before issuance of letters.

Sec. 6-16. Power of administrator with the will annexed.

Sec. 6-17. Witness to appear for probate - penalty.

Sec. 6-18. Will as evidence.

Sec. 6-19. Judge as witness.

Sec. 6-20. Petition to admit will to probate on presumption of death of testator - notice.

Sec. 6-21. Formal proof of will.

Sec. 7-1. Foreign will admitted to probate.

Sec. 7-2. Procedure for probate of foreign will.

Sec. 7-3. Proof of foreign will by copy.

Sec. 7-4. Original proof of foreign will in this State.

Sec. 7-5. Effect of probate of foreign will.

Sec. 7-6. Disposition of personal estate of nonresident decedent.

Sec. 8-1. Contest of admission of will to probate; notice.

Sec. 8-2. Contest of denial of admission of will to probate.

Sec. 9-1. Who may act as administrator.

Sec. 9-2. Issuance of letters of administration.

Sec. 9-4. Petition to issue letters.

Sec. 9-5. Notice-Waiver.

Sec. 9-6. Petition to issue letters on presumption of death of decedent - notice - waiver.

Sec. 9-7. Revocation of letters and issuance of new letters of administration - preference.

Sec. 9-8. Distribution on summary administration.

Sec. 9-9. Payment or delivery of personal estate on order for summary administration.

Sec. 9-10. Omitted or unnotified heir.

Sec. 10-1. Letters of administration to collect.

Sec. 10-2. Petition for letters of administration to collect.

Sec. 10-3. Administrator to collect for missing person - notice.

Sec. 10-4. Powers and duties of administrator to collect.

Sec. 10-5. Termination of powers.

Sec. 11-1. Definitions.

Sec. 11-3. Who may act as guardian.

Sec. 11-5. Appointment of guardian.

Sec. 11-5.1. (Repealed).

Sec. 11-5.2. (Repealed).

Sec. 11-5.3. Appointment of standby guardian.

Sec. 11-5.4. Short-term guardian.

Sec. 11-5.5. Special immigrant minor findings; appointment of guardian for person aged 18 to 21 years; duties of guardian; additional services.

Sec. 11-6. Venue.

Sec. 11-7. (Repealed).

Sec. 11-7.1. Visitation rights.

Sec. 11-8. Petition for guardian of minor.

Sec. 11-8.1. Petition for standby guardian of minor.

Sec. 11-9. Domestic Violence: Order of Protection.

Sec. 11-10.1. Procedure for appointment of a standby guardian or a guardian of a minor.

Sec. 11-11. Costs in certain cases.

Sec. 11-13. Duties of guardian of a minor.

Sec. 11-13.1. Duties of standby guardian of a minor.

Sec. 11-13.2. Duties of short-term guardian of a minor.

Sec. 11-13.3. Reliance on authority of guardian, standby guardian, short-term guardian.

Sec. 11-14.1. Revocation of letters.

Sec. 11-18. Successor guardian.

Sec. 11a-1. "Developmental disability", "intellectual disability", and "related condition" defined.

Sec. 11a-2. "Person with a disability" defined.

Sec. 11a-3. Adjudication of disability; Power to appoint guardian.

Sec. 11a-3.1. Appointment of standby guardian.

Sec. 11a-3.2. Short-term guardian.

Sec. 11a-4. Temporary guardian.

Sec. 11a-5. Who may act as guardian.

Sec. 11a-5.1. Multiple guardianships.

Sec. 11a-6. Designation of Guardian.

Sec. 11a-7. Venue.

Sec. 11a-8. Petition.

Sec. 11a-8.1. Petition for standby guardian of the person with a disability.

Sec. 11a-9. Report.

Sec. 11a-10. Procedures preliminary to hearing.

Sec. 11a-10.1. Domestic Violence: Order of Protection.

Sec. 11a-10.2. Procedure for appointment of a standby guardian or a guardian of a person with a disability.

Sec. 11a-11. Hearing.

Sec. 11a-11.5. Video conferencing.

Sec. 11a-13. Costs in certain cases.

Sec. 11a-13.5. Guardian fees.

Sec. 11a-14. Legal disabilities of ward.

Sec. 11a-14.1. Residential placement.

Sec. 11a-15. Successor guardian.

Sec. 11a-16. Testamentary guardian.

Sec. 11a-17. Duties of personal guardian.

Sec. 11a-17.1. Sterilization of ward.

Sec. 11a-18. Duties of the estate guardian.

Sec. 11a-18.1. Conditional gifts.

Sec. 11a-18.2. Duties of standby guardian of a person with a disability.

Sec. 11a-18.3. Duties of short-term guardian of a person with a disability.

Sec. 11a-19. Notice of right to seek modification.

Sec. 11a-20. Termination of adjudication of disability - Revocation of letters - modification.

Sec. 11a-21. Hearing.

Sec. 11a-22. Trade and contracts with a person with a disability.

Sec. 11a-23. Reliance on authority of guardian, standby guardian, short-term guardian.

Sec. 11a-24. Notification; Illinois State Police.

Sec. 11a-25. Notification; Secretary of State.

Sec. 12-1. Corporate representative - acceptance of office.

Sec. 12-2. Individual representative; oath and bond.

Sec. 12-3. Surety.

Sec. 12-4. When security excused or specified.

Sec. 12-5. Amount of bond.

Sec. 12-6. Waiver or reduction of bond of representative of ward in certain cases.

Sec. 12-7. Deposit in lieu or reduction of bond.

Sec. 12-8. Joint or several bonds.

Sec. 12-9. Additional bond for proceeds of sale or mortgage.

Sec. 12-10. Further bond or security.

Sec. 12-11. Counter security - release of surety.

Sec. 12-12. Notice to representative of action on bond - answer.

Sec. 12-13. New or additional bond.

Sec. 12-14. Bond on appeal.

Sec. 12-15. Suit on bond.

Sec. 13-1. Appointment and term of public administrator and public guardian.

Sec. 13-1.1. Appointment and term of public guardian in counties having a population in excess of 1,000,000.

Sec. 13-1.2. Certification requirement.

Sec. 13-2. Bond and oath.

Sec. 13-3. Compensation of public administrator.

Sec. 13-3.1. Compensation of public guardian.

Sec. 13-4. Powers and duties of public administrator.

Sec. 13-5. Powers and duties of public guardian.

Sec. 14-1. Inventory.

Sec. 14-2. Appraisal.

Sec. 14-3. Inventories and appraisals as evidence.

Sec. 15-1. Spouse's award.

Sec. 15-2. Child's award.

Sec. 15-3. Allowance, notice and review of award.

Sec. 15-4. Selection.

Sec. 16-1. Citation on behalf of estate.

Sec. 16-2. Personal property claimed by third party.

Sec. 16-3. Trial by jury.

Sec. 18-1. Filing of claims - mailing or delivery of copies).

Sec. 18-1.1. Statutory custodial claim.

Sec. 18-2. Claim form.

Sec. 18-3. Notice - Publication.

Sec. 18-4. Claims not due.

Sec. 18-5. Pleadings.

Sec. 18-6. Jury trial.

Sec. 18-7. Procedure on hearing of claims.

Sec. 18-8. Claim of representative or his attorney.

Sec. 18-9. Costs.

Sec. 18-10. Classification of claims against decedent's estate.

Sec. 18-11. Allowance and disallowance of claims by representative.

Sec. 18-12. Limitations on payment of claims.

Sec. 18-13. Priority of payment.

Sec. 18-14. Estate chargeable with legacies, expenses and claims.

Sec. 18-15. Payment of claims against wards' estates.

Sec. 19-1. Lease, sale, mortgage or pledge of personal estate of decedent.

Sec. 19-2. Lease, sale, mortgage or pledge of personal estate of ward.

Sec. 19-3. Mortgage of agricultural commodities.

Sec. 19-4. Petition to lease, sell, mortgage or pledge personal estate-notice.

Sec. 19-5. Order of sale.

Sec. 19-6. Operating business of decedent.

Sec. 19-7. Operating business of ward.

Sec. 19-8. Compounding, compromising or exchanging personal estate.

Sec. 19-9. Removal of property.

Sec. 19-10. Contracts of decedent.

Sec. 19-11. Desperate personal estate of decedent.

Sec. 19-12. Nominee registration.

Sec. 19-13. Decedent's account books.

Sec. 19-14. Administrator or executor; legal proceeding; participation.

Sec. 20-1. Administration and possession of decedent's real estate.

Sec. 20-2. Leasing real estate.

Sec. 20-3. Sale or mortgage of ward's real estate.

Sec. 20-4. Sale or mortgage of decedent's real estate.

Sec. 20-5. Procedure for sale or mortgage of real estate.

Sec. 20-6. Power of court.

Sec. 20-7. Place and terms of sale.

Sec. 20-8. Appointment of appraisers.

Sec. 20-9. Report of sale and approval.

Sec. 20-10. Deed or conveyance.

Sec. 20-11. Terms of mortgage.

Sec. 20-12. Accounting for proceeds of sale or mortgage.

Sec. 20-13. Compelling lease, sale or mortgage of real estate.

Sec. 20-14. No strict foreclosure.

Sec. 20-15. Lease, sale or mortgage of real estate under power in will or under subsection (i) of Section 28-8.

Sec. 20-16. Completion of decedent's contract to purchase real estate.

Sec. 20-17. Completion of contract to convey or lease real estate.

Sec. 20-18. Effect of proceedings.

Sec. 20-19. No exoneration of encumbered interests in real estate.

Sec. 20-20. Leasing for oil, gas, coal and other mineral developments.

Sec. 20-21. Joining with spouse of ward in sale or mortgage.

Sec. 20-22. Assent to sale free of ward's interest.

Sec. 20-23. Representative may be authorized to pay taxes.

Sec. 20-24. Notice of probate - Recorder's filing.

Sec. 21-1. Investments - decedent's estate.

Sec. 21-1.01. Direct obligations of the United States or any instrumentality or agency thereof or obligations fully guaranteed by the United States, or any instrumentality or.

Sec. 21-1.02. Obligations of a local public agency (as defined in Section 110(h) of the federal Housing Act of 1949) or of a public housing agency (as defined in the federal.

Sec. 21-1.03. Savings accounts or certificates of deposit of a state bank or a national bank doing business in Illinois to the extent that the deposits are insured by the Uni.

Sec. 21-1.04. Withdrawable capital accounts, deposits, investment certificates or certificates of deposit of a state savings and loan association or a federal savings and loa.

Sec. 21-1.05. Interests in one or more common trust funds, as defined in and from time to time established, maintained and administered pursuant to the Common Trust Fund Act,.

Sec. 21-1.05a. Interests in any open-end registered investment company registered under the federal Investment Company Act of 1940, provided that the portfolio of any such com.

Sec. 21-1.06. Any other investments authorized by a court of competent jurisdiction or which from time to time have been or may be expressly declared by the General Assembly.

Sec. 21-1.07. Interests in any open-end or closed-end management type investment company or investment trust (hereafter referred to as a "mutual fund") registered under the I.

Sec. 21-2. Investments; ward's estate.

Sec. 21-2.01. Obligations of the United States.

Sec. 21-2.02. Obligations of which both the principal and interest are guaranteed unconditionally by the United States.

Sec. 21-2.03. Obligations of any corporation wholly owned, directly or indirectly, by the United States or any agency or instrumentality of the United States.

Sec. 21-2.04. Insured accounts, deposits, and certificates.

Sec. 21-2.05. Municipal bonds.

Sec. 21-2.06. Savings and time deposit certificates of a state bank or a national bank doing business in this State but, unless otherwise authorized by a court of competent j.

Sec. 21-2.07. Notes secured by real estate.

Sec. 21-2.08. Corporate obligations.

Sec. 21-2.09. (Repealed).

Sec. 21-2.10. Real estate located in any state of the United States or the District of Columbia.

Sec. 21-2.11. Life, endowment, or annuity policies.

Sec. 21-2.12. Stock.

Sec. 21-2.13. Common trust funds.

Sec. 21-2.13a. (Repealed).

Sec. 21-2.14. Mutual funds.

Sec. 21-2.14a. Illinois prepaid tuition contract.

Sec. 21-2.15. Any other investments which from time to time have been or may be expressly declared by the General Assembly to be legal investments for representatives of ward.

Sec. 22-1. Power to collect and remove personal estate.

Sec. 22-2. Transfer of estate of nonresident ward to nonresident representative when letters issued in this State.

Sec. 22-3. Right to sue.

Sec. 22-4. Lease, sale or mortgage of real or personal estate.

Sec. 22-5. Letters issued in this State.

Sec. 22-6. Deed by foreign executor under will.

Sec. 23-1. Resignation.

Sec. 23-2. Removal.

Sec. 23-3. Procedure on removal.

Sec. 23-4. Transfer to another county in the State.

Sec. 23-5. Letters revoked when will is produced.

Sec. 23-6. Letters revoked when will is set aside.

Sec. 23-8. Acts done before revocation of letters are valid.

Sec. 24-1. Duty to account.

Sec. 24-2. Notice of accounting - effect.

Sec. 24-3. Order of distribution, abatement and contribution on settlement of estate.

Sec. 24-4. Distribution before the expiration of the period when claims are barred.

Sec. 24-5. Distribution on presumption of death - deposit in court or in depositaries.

Sec. 24-6. Filing of bond.

Sec. 24-7. When estate does not exceed surviving spouse's award.

Sec. 24-8. Accounting to distributee.

Sec. 24-9. Reopening estate.

Sec. 24-10. Interest on property withheld by representative of decedent's estate.

Sec. 24-11. Duty to account - ward's estate.

Sec. 24-12. Termination of office of a representative of a ward.

Sec. 24-13. Accounting for a deceased representative or a representative under legal disability.

Sec. 24-14. Accounting by surety on bond of representative.

Sec. 24-15. Stating an account.

Sec. 24-16. Citation - attachment.

Sec. 24-17. Devastavit.

Sec. 24-18. Liability for mismanagement.

Sec. 24-19. Administration of deceased ward's estate.

Sec. 24-20. Deposit of unclaimed money.

Sec. 24-21. Deposit or investment of money of a ward, subject to court order.

Sec. 24-22. Interest of administrator of veterans affairs.

Sec. 25-1. Payment or delivery of small estate of decedent upon affidavit.

Sec. 25-2. When appointment of representative of ward unnecessary.

Sec. 25-3. Recovery upon refusal to pay or deliver.

Sec. 25-4. Sale of small real estate interest of ward.

Sec. 26-1. Appeals.

Sec. 26-2. Effect of appeal from order.

Sec. 26-3. Effect of post-judgment motions.

Sec. 27-1. Fees of representative.

Sec. 27-2. Attorney's fees.

Sec. 27-3. Duties of a guardian ad litem.

Sec. 27-4. Compensation of a guardian ad litem or special administrator.

Sec. 27-5. Selection of guardian ad litem or special administrator.

Sec. 27-6. Actions which survive.

Sec. 27-7. Joint tax returns.

Sec. 27-8. Publication of notice in county in which no newspaper is published.

Sec. 27-9. Publication of notice by clerk.

Sec. 28-1. Purpose and scope of Article.

Sec. 28-2. Order for independent administration - notice of appointment of independent administrator.

Sec. 28-3. Protection of persons under disability during independent administration.

Sec. 28-4. Termination of independent administration status.

Sec. 28-5. Court proceedings during independent administration.

Sec. 28-6. Service of inventory.

Sec. 28-7. Spouse and child awards.

Sec. 28-8. Administrative powers.

Sec. 28-9. Protection of persons dealing with an independent representative.

Sec. 28-10. Distribution.

Sec. 28-11. Closing the estate.

Sec. 28-12. Notice.

Sec. 30-1. Repeal.

Sec. 30-2. Savings clause.

Sec. 30-3. Effective date of Act.

(Text of Section before amendment by P.A.

(Text of Section before amendment by P.A.

(Text of Section before amendment by P.A.

(Text of Section before amendment by P.A.