reglab/housing_qa huggingface dataset:
755 ILCS 5/4-15
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IV - Wills

(755 ILCS 5/4-15) (from Ch. 110 1/2, par. 4-15)Sec. 4-15.         Debtor as executor.) The appointment of the debtor of the testator  as executor  of his will does not extinguish any debt due from the executor to the testator, unless  the testator in the will expressly declares his intention to extinguish  the debt and unless  the estate of the testator without collection of the debt due from the executor  is sufficient  to discharge all claims against the testator's estate.    (Source: P.A. 79-328.)
755 ILCS 5/Art. IVa heading
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IVa - Presumptively Void Transfers

 ARTICLE IVaPRESUMPTIVELY VOID TRANSFERS  (Source: P.A. 98-1093, eff. 1-1-15.)
755 ILCS 5/4a-5
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IVa - Presumptively Void Transfers

Sec. 4a-5. Definitions. As used in this Article:(1) "Caregiver" means a person who voluntarily, or in exchange for compensation, has assumed responsibility for all or a portion of the care of another person who needs assistance with activities of daily living. "Caregiver" includes a caregiver's spouse, cohabitant, child,  or employee. "Caregiver" does not include a family member of the person receiving assistance.(2) "Family member" means a spouse, civil union partner, child, grandchild, sibling, aunt, uncle, niece, nephew, first cousin, or parent of  the person receiving assistance.(3) "Transfer instrument" means the legal document intended to effectuate a transfer effective on or after the transferor's death and includes, without limitation, a will, trust, transfer on death instrument, deed, form designated as payable on death, contract, or other beneficiary designation form.(4) "Transferee" means a legatee, a beneficiary of a trust, a grantee of a deed, or any other person designated in a transfer instrument to receive a nonprobate transfer.(5) "Transferor" means a testator, settlor, grantor of a deed, or a decedent whose interest is transferred pursuant to a nonprobate transfer.  (Source: P.A. 100-1059, eff. 8-24-18.)
755 ILCS 5/4a-10
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IVa - Presumptively Void Transfers

Sec. 4a-10. Presumption of  void transfer.(a) In any civil action in which a transfer instrument is being challenged, there is a rebuttable presumption, except as provided in Section 4a-15, that the transfer instrument is void if the transferee is a caregiver and the fair market value of the transferred property exceeds $20,000.(b) Unless a shorter limitations period is required by Section 8-1 or 18-12 of this Act, any action under this Section shall be filed within 2 years of the date of death of the transferor.(c) If the property in question is an interest in real property, a bona fide purchaser or mortgagee for value shall take the subject property free and clear of the action challenging the transfer instrument if the transfer to the bona fide purchaser or mortgagee for value occurs prior to the recordation of a lis pendens for an action under this Section.(d) If the holder of property subject to this Article is a financial institution, trust company, trustee, or similar entity or person, including a subsidiary or affiliate thereof, it is not liable for distributing or releasing the property to the transferee, if:(1) in the case of funds in an account maintained by     the holder, the distribution or release occurs prior to the date the holder imposes a prompt administrative freeze of the account after the holder's registered agent for service of process has first received actual written notice that a complaint has been filed challenging the transfer instrument, which notice must include a copy of the complaint; or(2) in the case of any other property, the     distribution or release occurs prior to the date the holder's registered agent for service of process receives actual written notice that a complaint has been filed challenging the transfer instrument, which notice must include a copy of the complaint with sufficient time for the holder to act upon the notice.(e) The administrative freeze of an account described in paragraph (1) of subsection (d) shall be implemented promptly. In determining whether the administrative freeze was implemented promptly, the court shall take into consideration the manner, time, and place of service and other factors reasonably affecting the financial institution's ability to promptly freeze the account. (Source: P.A. 100-1059, eff. 8-24-18.)
755 ILCS 5/4a-15
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IVa - Presumptively Void Transfers

Sec. 4a-15. Exceptions. The rebuttable presumption established by Section 4a-10 can be overcome if the transferee proves to the court either:(1) by a preponderance of evidence that the     transferee's share under the transfer instrument is not greater than the share the transferee was entitled to under the transferor's transfer instrument in effect prior to the transferee becoming a caregiver; or(2) by clear and convincing evidence that the     transfer was not the product of fraud, duress, or undue influence. (Source: P.A. 98-1093, eff. 1-1-15.)
755 ILCS 5/4a-20
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IVa - Presumptively Void Transfers

Sec. 4a-20. Common law. The provisions of this Article do not abrogate or limit any principle or rule of the common law, unless the common law principle or rule is inconsistent with the provisions of this Article. Notwithstanding the limited definition of "caregiver" in Section 4a-5 of this Article, nothing in this Article precludes any action against any individual under the common law, or any other applicable law, regardless of the individual's familial relationship with the person receiving assistance. The provisions of this Article are in addition to any other principle or rule of law.  (Source: P.A. 98-1093, eff. 1-1-15.)
755 ILCS 5/4a-25
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IVa - Presumptively Void Transfers

Sec. 4a-25. Attorney's fees and costs. If the caregiver attempts and fails to overcome the presumption under Section 4a-15, the caregiver shall bear the costs of the proceedings, including, without limitation, reasonable attorney's fees.  (Source: P.A. 98-1093, eff. 1-1-15.)
755 ILCS 5/4a-30
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IVa - Presumptively Void Transfers

Sec. 4a-30. No independent duty. The rebuttable presumption set forth in Section 4a-10 of this Article applies only in a civil action in which a transfer instrument is being challenged, and does not create or impose an independent duty on any financial institution, trust company, trustee, or similar entity or person related to any transfer instrument.  (Source: P.A. 98-1093, eff. 1-1-15.)
755 ILCS 5/4a-35
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article IVa - Presumptively Void Transfers

(755 ILCS 5/4a-35)Sec. 4a-35. Applicability. This Article applies only to transfer instruments executed after the effective date of this amendatory Act of the 98th General Assembly.  (Source: P.A. 98-1093, eff. 1-1-15.)
755 ILCS 5/Art. V heading
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article V - Place Of Probate Of Will Or Of Administration

 ARTICLE V  PLACE OF PROBATE OF WILL OR OF ADMINISTRATION
755 ILCS 5/5-1
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article V - Place Of Probate Of Will Or Of Administration

 (from Ch. 110 1/2, par. 5-1)Sec. 5-1.         Place of probate of will or of administration of estate.) When  the will of a testator is probated or when the estate of a decedent or  missing person is administered in this State, the probate or the  administration shall be in the court of the county determined as follows:(a) In the county where he has a known place of residence;(b) If he has no known place of residence in this State, in the county  in which the greater part of his real estate is located at the time of  his death; or(c) If he has no known place of residence and no real estate in this  State, in the county where the greater part of his personal estate is  located at the time of his death.    (Source: P.A. 85-692.)
755 ILCS 5/5-2
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article V - Place Of Probate Of Will Or Of Administration

 (from Ch. 110 1/2, par. 5-2)Sec. 5-2.         Situs of personal estate of nonresident decedent or missing person.)  For the purpose of granting administration of both testate and intestate  estates of nonresident  decedents or estates of nonresident missing persons, the situs of tangible personal  estate is where it is located and the situs of intangible personal estate is where the  instrument evidencing a share, interest, debt, obligation, stock or chose in action  is located or where the debtor resides if there is no instrument evidencing the share,  interest, debt, obligation, stock or chose in action in this State.    (Source: P.A. 79-328.)
755 ILCS 5/5-3
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article V - Place Of Probate Of Will Or Of Administration

(755 ILCS 5/5-3) (from Ch. 110 1/2, par. 5-3)Sec. 5-3.         Power to ascertain and declare heirship - evidence.)  (a) The court may ascertain and declare the heirship of any decedent to  be entered of record in the court at any time during the administration  of the estate without further notice or, if there is no grant of  administration, upon such notice and in such manner as the court  directs.(b) The ascertainment of heirship may be made from (1) an affidavit  of any person stating the facts from which the heirship of the decedent  can be ascertained, which affidavit shall be signed and sworn to or  affirmed before any notary public or judge of any court of record in the  United States or any of its possessions or territories and certified by  the clerk thereof, or before any United States consul, vice-consul,  consular agent, secretary of legation or commissioned officer in active  service of the United States, within or without the United States, or  (2) from evidence either in narrative form or by questions and answers  which are reduced to writing and certified by the court declaring the  heirship. The seal of office of any notary public, United States consul,  vice-consul, consular agent or secretary of legation and the designation  of the name, rank and branch of service of any commissioned officer in  active service of the armed forces of the United States shall be  sufficient evidence of his identity and official character.  The  affidavit or transcript of evidence shall be filed by the clerk of the  court declaring the heirship and remain as a part of the files in the  cause.(c) An order of the court declaring heirship is prima facie evidence  of the heirship, but any other legal method of proving heirship may be  resorted to by any party interested therein in any place or court where  the question may arise.(d) For purposes of this section the court may presume, in the absence  of any evidence to the contrary, that the decedent and any person through  whom heirship is traced was not the mother or father of any child born out  of wedlock and, if the decedent or the person was a male, that no child  born out of wedlock was filiated to or acknowledged or legitimated by the  decedent or the person.    (Source: P.A. 81-598.)
755 ILCS 5/Art. VI heading
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 ARTICLE VI  PROBATE OF WILLS AND ISSUANCE OF LETTERS OF OFFICE
755 ILCS 5/6-1
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-1)Sec. 6-1.     Duty to file will - altering, destroying or secreting.)(a) Immediately  upon the death of the testator any person who has the testator's will in his  possession  shall file it with the clerk of the court of the proper county and upon  failure or refusal  to do so, the court on its motion or on the petition of any interested person  may issue an  attachment and compel the production of the will, subject to the provisions of Section 5.15 of the Secretary of State Act.(b) If any person wilfully alters or destroys a will without the direction  of the testator  or wilfully secretes it for the period of 30 days after the death of the  testator is known  to him, the person so offending, on conviction thereof, shall be sentenced as  in cases  of theft of property classified as a Class 3 felony by the law in effect at the  date of the offense. The 30-day period does not apply to the Secretary of State when acting pursuant to Section 5.15 of the Secretary of State Act.     (Source: P.A. 96-137, eff. 1-1-10.)
755 ILCS 5/6-2
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-2)Sec. 6-2. Petition to admit will or to issue letters.)    Anyone  desiring to have a will admitted to probate must file a petition  therefor in the court of the proper county. The petition must state, if  known: (a) the name and place of residence of the testator at the time  of his death; (b) the date and place of death; (c) the date of the will  and the fact that petitioner believes the will to be the valid last will  of the testator; (d) the approximate value of the testator's real and  personal estate in this State; (e) the names and post office addresses  of all heirs and legatees of the testator and whether any of them is a  minor or a person with a disability; (f) the name and post office address of the  executor; and (g) unless supervised administration is requested, the  name and address of any personal  fiduciary acting or designated to act pursuant to Section 28-3.  When  the will creates or adds to a trust and the petition states the name and  address of the trustee, the petition need not state the name and address  of any beneficiary of the trust who is not an heir or legatee.  If  letters of administration with the will annexed are sought, the petition  must also state, if known: (a) the reason for the issuance of the  letters, (b) facts showing the right of the petitioner to act as, or to  nominate, the administrator with the will annexed, (c) the name and post  office address of the person nominated and of each person entitled  either to administer or to nominate a person to administer equally with  or in preference to the petitioner and (d) if the will has been  previously admitted to probate, the date of admission.  If a petition for  letters of administration with the will annexed states that there are one  or more persons entitled either to administer or to nominate a person to  administer equally with or in preference to the petitioner, the petitioner  must mail a copy of the petition to each such person as provided in Section  9-5 and file proof of mailing with the clerk of the court.  (Source: P.A. 99-143, eff. 7-27-15.)
755 ILCS 5/6-3
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-3)Sec. 6-3.         Duty of executor to present will for probate.) (a) Within 30 days after  a person acquires knowledge that he is named as executor of the will of  a deceased person,  he shall either institute a proceeding to have the will admitted to probate in the  court of the proper county or declare his refusal to act as executor.  If  he fails to do so, except  for good cause shown, the court on its motion or on the petition of any  interested person may deny  him the right to act as executor and letters of office may be issued by  the court as if the  person so named were disqualified to act as executor.(b) When 30 days have elapsed since the death of the testator and no petition  has been filed to  admit his will to probate, the court may proceed to probate the will without  the filing of  a petition therefor, unless it appears to the court that probate thereof  is unnecessary and failure to  probate it will not prejudice the rights of any interested person.  Such  notice of the hearing  on the admission of the will to probate shall be given to the persons in  interest as the court directs.    (Source: P.A. 79-328.)
755 ILCS 5/6-4
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-4)Sec. 6-4.         Admission of will to probate - testimony or affidavit of  witnesses.) (a)  When each of 2 attesting witnesses to a will states  that (1) he was present and saw the testator or some person in his  presence and by his direction sign the will in the presence of the  witness or the testator acknowledged it to the witness as his act, (2)  the will was attested by the witness in the presence of the testator and  (3) he believed the testator to be of sound mind and memory at the time  of signing or acknowledging the will, the execution of the will is  sufficiently proved to admit it to probate, unless there is proof of  fraud, forgery, compulsion or other improper conduct which in the  opinion of the court is deemed sufficient to invalidate or destroy the  will.  The proponent may also introduce any other evidence competent to  establish a will.  If the proponent establishes the will by  sufficient competent evidence, it shall be admitted to probate, unless  there is proof of fraud, forgery, compulsion or other improper conduct  which in the opinion of the court is deemed sufficient to invalidate or  destroy the will.(b) The statements of a witness to prove the will under subsection 6-4(a)  may be made by (1) testimony before the court, (2) an attestation clause  signed by the witness and forming a part of or attached to the will or (3)  an affidavit which is signed by the witness at or after the time of attestation  and which forms part of the will or is attached to the will or to an accurate  facsimile of the will.    (Source: P.A. 81-213.)
755 ILCS 5/6-5
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-5)Sec. 6-5. Deposition of witness. When a witness to a will or other party who shall testify to have a will admitted to probate resides outside  the county in which the will is offered for probate or is  unable to attend court and can be found and is mentally and physically capable  of testifying, the court, upon the petition of any person seeking probate  of the will and upon such notice of the petition to persons interested as  the court directs, may issue a commission with the will or a photographic  copy thereof attached. The commission shall be directed to any judge, notary  public, mayor or other chief magistrate of a city or United States consul,  vice-consul, consular agent, secretary of legation or commissioned officer  in active service of the armed forces of the United States and shall authorize  and require the authorized person to cause that witness or other party to come before the authorized person at such time and  place as the authorized person designates and to take the deposition of the witness or other party on oath  or affirmation and upon all such written interrogatories  and cross-interrogatories as may be enclosed with the commission.  With  the least possible delay the person taking the deposition shall certify  it, the commission, and the interrogatories to the court from which the  commission issued.  When the deposition of a witness or other party is so taken and returned  to the court, the testimony of the witness or other party has the same effect as if the witness or other party testified in the  court from which the commission issued.  When the commission is issued to  the officer by official title only and not by name, the seal of the   office attached to the officer's certificate is sufficient evidence of the officer's identity  and official character.  (Source: P.A. 102-167, eff. 7-26-21.)
755 ILCS 5/6-6
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-6)Sec. 6-6. Proof of handwriting of a deceased or inaccessible witness or a witness with a disability.(a)  If a witness to a will or other party who shall testify to have a will admitted (1) is dead, (2) is blind, (3) is mentally or  physically incapable of testifying, (4) cannot be found, (5) is in active  service of the armed forces of the United States or (6) is outside this  State, the court may admit proof of the handwriting of the witness or other party and such  other secondary evidence as is admissible in any court of record to establish  electronic records or written contracts and may admit the will to probate as though it had been  proved by the testimony of the witness or other party. On motion of any interested person  or on its own motion, the court may require that the deposition of any such  witness or other party, who can be found, is mentally and physically capable of testifying  and is not in the active service of the armed forces of the United States  outside of the continental United States, be taken as the best evidence thereof.(b) As used in this Section, "continental United States" means the States  of the United States and the District of Columbia.  (Source: P.A. 102-167, eff. 7-26-21.)
755 ILCS 5/6-7
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-7)Sec. 6-7.         Will to remain with clerk.) All original wills which are admitted  to probate shall remain in the custody of the clerk, unless otherwise ordered  by the court.    (Source: P.A. 81-213.)
755 ILCS 5/6-8
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-8)Sec. 6-8.     Issuance of letters testamentary.) When a will is admitted  to probate, letters testamentary shall be issued to the executor named  in the will if he qualifies and accepts the office, unless the issuance  of letters is excused.    (Source: P.A. 81-213; 81-788; 81-1509.)
755 ILCS 5/6-9
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article VI - Probate Of Wills And Issuance Of Letters Of Office

 (from Ch. 110 1/2, par. 6-9)Sec. 6-9.         Failure or refusal to qualify - death, resignation or revocation  of letters - non-designation.) Unless otherwise provided by the will, (a)  if one of several executors named in the will fails or refuses to qualify  and accept the office, letters testamentary shall be issued to the executor  who qualifies and accepts the office, (b) if one of several executors to  whom letters have been issued dies or resigns or his letters are revoked,  the remaining executor shall continue to administer the estate, and (c)  in either event the remaining executor has all powers vested in all the  executors named in the will.  If no executor is named in the will or the  named executor fails or refuses to qualify and accept the office or, if  after letters are issued the sole executor or all the named executors die  or resign or their letters are revoked, letters of administration with the  will annexed shall be issued in accordance with the preferences  in Section 9-3 upon petition under Section 6-2 and notice as provided in Section 9-5.    (Source: P.A. 81-213.)