reglab/housing_qa huggingface dataset:
755 ILCS 5/20-2
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-2)Sec. 20-2.     Leasing real estate.(a) A representative may lease the real estate of a decedent or ward upon  such  terms and for such length of time not inconsistent with the provisions of  the decedent's will, if any, as the court may authorize.  Real estate  specifically bequeathed may not be leased without the written assent of the  legatee filed with the court.(b) Before leasing real estate, a representative must file in the court  which issued his letters a petition setting forth a description of the real  estate sought to be leased, its improvements, and the facts and circumstances  upon which the petition is founded. A copy of the proposed lease must be  attached to the petition.  Upon the filing of the petition the court shall set  it for hearing not less than 10 days thereafter.  It  is the duty of the petitioner to mail a notice of the hearing and a copy of the  petition to the heirs or legatees of the decedent or to the ward, as the case  may be, not less than 5 days prior to the hearing, but where the duration of a  lease of a ward's real estate does not exceed 5 years or extend beyond the  minority of the ward, the court in its discretion may hear the petition without  notice.(c) A representative who has a lease of farm property owned by a decedent  or ward in existence on or before the date he or she assumed the duty  of representative may continue according to the terms of the lease until  (1) the estate of the decedent is closed, (2) the wardship is terminated, or  (3) a court order is entered finding that the terms of the lease are unfair or  that service as a representative, under the facts before the court, is  incompatible with the representative's operation of the decedent's or ward's  farm property.  The fact that the representative receives profits from the  lease is not a violation of the representative's fiduciary duty imposed by this  Act.    (Source: P.A. 89-540, eff. 1-1-97.)
755 ILCS 5/20-3
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-3)Sec. 20-3.         Sale or mortgage of ward's real estate.)  By leave of court and upon such  terms as the court directs, a representative of a ward may sell or mortgage  the ward's real  estate or any interest in real estate including the oil, gas, coal or other  mineral interest  therein, when the court deems it necessary or expedient for the support and education of  the persons entitled thereto under this Act, for the payment of the debts of the ward or  for reinvestment.    (Source: P.A. 79-328.)
755 ILCS 5/20-4
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-4)Sec. 20-4.         Sale or mortgage of decedent's real estate.)  (a)  By leave  of court and upon  such terms as the court directs, a representative of a decedent's estate  may sell or mortgage any  real estate or interest therein to which the decedent had claim or title,  including the oil, gas,  coal or other mineral interest therein, when it is necessary for the proper  administration of the  decedent's estate.(b) Real estate specifically bequeathed or directed by the testator not  to be sold may not  be sold or mortgaged unless necessary for the payment of claims, expenses  of administration or  estate or inheritance taxes or the proper distribution of the estate.    (Source: P.A. 84-395.)
755 ILCS 5/20-5
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-5)Sec. 20-5.         Procedure for sale or mortgage of real estate.)  (a)  Before selling or mortgaging real estate, the representative shall file  a petition in the court which issued his letters setting forth the facts  and circumstances upon which it is founded, a description of the real  estate or interest therein, or of the oil, gas, coal or other mineral  interest involved, the approximate value thereof, the interest of the  ward or decedent therein, and the nature and extent of all liens upon  and other interests, if any, in the real estate, or in the oil, gas,  coal or other mineral interest so far as they may be known to the  petitioner.  A copy of the proposed mortgage or of the proposed contract  for sale of the real estate, if any, shall be attached to the petition.(b) All persons holding liens against or having an interest in the  real estate, or in the oil, gas, coal or other mineral interest or in  any part thereof, described in the petition, in possession or otherwise,  whose rights are sought to be affected by the order, except the ward  shall be made parties defendant.(c) Upon the filing of the petition, process shall be issued, served  and returned as in other civil cases.(d) The court shall appoint a guardian ad litem for any party to the  proceeding who is a ward and who is not represented by a guardian.  If it  appears that any person not in being upon coming  into being is or may become or may claim to be entitled to any interest  in the property sought to be sold or mortgaged, the court shall appoint  some competent and disinterested person as guardian ad litem to appear  for and represent such interest in the proceeding and to defend the  proceeding on behalf of the person not in being, and any judgment or  order rendered in the proceeding is as effectual for all purposes as  though the person were in being and were a party to the proceeding.(e) On or before entry of an order authorizing a sale or mortgage  under this Article, it is the duty of the petitioner to comply with the  provisions of Section 12-9.    (Source: P.A. 84-555; 84-690.)
755 ILCS 5/20-6
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-6)Sec. 20-6.         Power of court.)  In any proceeding to sell or mortgage real estate  the court may:(a) investigate and determine all questions of conflicting and controverted titles  arising between any of the parties, remove clouds from any title or interest involved  therein, and invest the mortgagee or purchaser with a good and indefeasible title to the  property sold or mortgaged;(b) direct the sale or mortgage of the property free of all mortgage, judgment  or other liens that are due, provide for the satisfaction of all those liens out of the  proceeds of the sale or mortgage and settle and adjust all equities and all questions  of priority among all interested persons;(c) with the assent of the owner of a mortgage lien that is not due, direct that  the property be sold or mortgaged free of the lien and provide for the satisfaction  of the  lien out of the proceeds of the sale or mortgage;(d) set off the homestead and order the sale of the balance of the premises, or if  the value of the premises exceeds the exemption and the premises cannot be divided, the  court may order the sale of the whole free of homestead with or without  the consent of the  person entitled thereto and shall ascertain the value of the homestead and shall order  that a sum of money equal to the gross value of the homestead be paid from the proceeds  of the sale to the person entitled thereto;(e) upon the filing in court of the written consent of the person entitled to an  estate for life or for years, order the sale or mortgage free of the estate, but the  court shall ascertain the value of the estate and order that a sum of money equal to the  gross value of the estate be paid from the proceeds of the sale or mortgage to the  person entitled thereto or that a proper proportion of the proceeds of the  sale or mortgage  as ascertained by the court be invested and the income paid to the person  entitled thereto  during the continuance of the estate;(f) direct the sale of the property free of any lien or claim for lien of this State  (except the lien for general taxes), provide for the satisfaction of the  lien or claim for lien  out of the proceeds of sale according to its relative priority in respect  to other liens to the  extent the proceeds are available, and adjudicate the priority of the State's  lien or claim for  lien with respect to all other liens against the property.  The petition  must describe the  lien of the State.  Not less than 20 days before the hearing on the petition,  the petitioner must  notify the Attorney General of the filing of the petition by delivering  or mailing 2 copies of  the petition to the Attorney General's office in Springfield, Illinois.  The petitioner must  file proof of the delivery or mailing in the proceeding in which the estate  is being administered.  The Attorney General may intervene and take such action as he deems expedient  to protect the  interest of the State.    (Source: P.A. 79-328.)
755 ILCS 5/20-7
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-7)Sec. 20-7.     Place and terms of sale.(a) The court may designate the  place and manner  of holding the sale, whether private or public, and whether for cash or  on reasonable credit.  The sale may be conducted by means of the Internet or any other electronic  medium as approved by the court.  When mining, oil or gas rights only are sold, the court may require security  of the purchaser  and may direct the sale to be made upon a royalty basis or for a lump sum  in such manner and  upon such terms as appears to the court to be to the best interests of the  estate.(b) Every public sale under this Article, except a sale conducted by means  of the Internet or another electronic medium, shall be held between the hours  of 10:00 o'clock  in the forenoon and 5:00 o'clock in the afternoon of the same day.  Notice  of the time, place  and terms of holding the sale, containing a description of the property  sought to be sold, must  be published once each week for 3 successive weeks, the first publication  to be not less than  25 days prior to the sale, in some newspaper published in the county where  the property sought  to be sold, or the greater part thereof, lies.A sale conducted by means of the Internet or another electronic medium  shall be conducted according to terms and notice given by means of the Internet  or other electronic medium.  The notice required under this paragraph must  include a statement that  public access to the Internet is available at public libraries.  Any notice  required under this paragraph is in addition to any other notice  required under this subsection (b).    (Source: P.A. 92-97, eff. 7-18-01.)
755 ILCS 5/20-8
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-8)Sec. 20-8.         Appointment of appraisers.)  The court may appoint 1, 2 or 3  disinterested appraisers, who, after taking an oath fairly to appraise the property,  shall go upon the premises, make an appraisal, and report to the court in writing  the result of the appraisal.  The court shall fix a reasonable sum for the  services of the  appraisers, which, with the expenses of the appraisal, shall be allowed as costs.  When  the property lies in more than one county the court may appoint appraisers  for the tracts  in each county.  If an appraisal is made, the sale may not be made for a sum less than  2/3 of the appraised value of the property to be sold, but each tract need not bring 2/3  of its appraised value if the total sum received for all tracts equals 2/3  of the appraised  value of all tracts.    (Source: P.A. 79-328.)
755 ILCS 5/20-9
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-9)Sec. 20-9.         Report of sale and approval.)  (a) It is the duty of the representative  to present to the court authorizing the sale a verified report of the sale  describing the  property sold and stating the name of the purchaser, the date and the terms of the sale,  and the manner in which the terms of the order were executed, but no report of sale is  required if the sale has been made under a contract authorized by the court upon  petition under Section 20-5.  Notice of the hearing on a report of sale, accompanied  by a copy of the report, shall be given as the court directs to all persons who have  entered their appearance in the proceeding.(b) Upon the hearing the court may approve the report and confirm the sale or  disapprove the report and order the property to be resold.    (Source: P.A. 79-328.)
755 ILCS 5/20-10
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-10)Sec. 20-10.         Deed or conveyance.)  (a)  Within 30 days after the court approves  report of sale, it is the duty of the representative to execute and deliver to the  purchaser a deed or other conveyance conveying the interest of the ward or the decedent  in the property ordered to be sold.(b) If the representative dies, becomes incapacitated or is removed before the  execution of the deed, conveyance or mortgage, his successor in office shall proceed in  the premises and execute the deed, conveyance or mortgage in the same manner as if he  had originally been the petitioner.    (Source: P.A. 79-328.)
755 ILCS 5/20-11
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-11)Sec. 20-11.         Terms of mortgage.)  An order authorizing that a mortgage be made  must designate the time of the maturity thereof, the amount of the indebtedness and  the rate of interest to be paid thereon.    (Source: P.A. 79-328.)
755 ILCS 5/20-12
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-12)Sec. 20-12.         Accounting for proceeds of sale or mortgage.)  It is the duty of the representative to account for the proceeds of every  sale or mortgage under this  Article in his next current or final account filed in the court where the estate is  being administered.    (Source: P.A. 79-328.)
755 ILCS 5/20-13
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-13)Sec. 20-13.         Compelling lease, sale or mortgage of real estate.)  The court  may make all necessary orders to compel the representative to perform such acts as  may be necessary to lease, sell or mortgage the real estate or interest therein for  any purpose authorized by this Article.    (Source: P.A. 79-328.)
755 ILCS 5/20-14
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-14)Sec. 20-14.         No strict foreclosure.)  No order of strict foreclosure may be  made upon any mortgage executed or joined in under this Article,  but redemption shall be allowed as is provided by law in cases of sale  for the enforcement of a judgment for the payment of money.    (Source: P.A. 83-346.)
755 ILCS 5/20-15
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-15)Sec. 20-15.         Lease, sale or mortgage of real estate under power in will  or under subsection (i) of Section 28-8.)  The provisions of this Article  for the lease, sale or mortgage of real estate or interest therein do not  apply to leases, sales or mortgages made without order of court by a  representative under a power given in the will or under subsection (i) of  Section 28-8, but before making a sale or mortgage of real estate it is the  duty of the representative to comply with the provisions of Section 12-9.  If a contract of the decedent to convey or lease real estate or interest  therein requires the giving of warranties, the instrument given by the  representative in fulfillment of the contract shall contain the warranties  required and they bind the estate as though made by the decedent but do not  bind the representative personally.  If a representative leases, sells or  mortgages a decedent's real estate or interest, the lease, sale or mortgage  is valid regardless of the subsequent setting aside of the will or any  other action which might limit or restrain the right of the representative  to lease or to convey title or to mortgage the real estate or interest.  A  lessee, purchaser or mortgagee from a representative obtains the same title  or interest as though the instrument were executed by the decedent  immediately prior to his death, and the rights and claims of all parties  claiming under or through the decedent thereupon are transferred to the  consideration received or to be received from such lease, sale or mortgage.    (Source: P.A. 84-555; 84-690.)
755 ILCS 5/20-16
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-16)Sec. 20-16.         Completion of decedent's contract to purchase real estate.)  (a)  When a decedent has contracted to purchase real estate and the payment therefor has not  been completed, the representative may file a petition in the court which issued his  letters asking for leave to complete the payment therefor or for directions as to the  manner in which he may proceed with respect to the real estate.  The court may authorize  the payment out of the estate of the decedent in the name of the representative or the  persons entitled to the estate, or may direct the representative as to the manner in  which he shall deal with the real estate.  This Section does not  supersede the provisions of the will of the decedent or the rights of the vendor under  the contract of sale.(b) The petition must state a description of the real estate involved, the  nature of the improvements thereon, if any, an estimate of the value of the real  estate and the amount unpaid on the purchase price thereof.  Notice of the time and  place of the hearing on the petition must be given as the court directs or the court  may hear the petition without notice if it finds that notice is not required to be given  to any interested person to protect his interests.    (Source: P.A. 79-328.)
755 ILCS 5/20-17
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-17)Sec. 20-17.         Completion of contract to convey or lease real estate.)  Upon  petition of a representative of a decedent's or ward's estate or other interested  person,  the court, without notice or upon such notice as it orders, may direct the  representative  to perform a contract of the decedent or ward, which was legally subsisting at the time  of his death or adjudication, to convey real estate or interest therein and to execute a  deed, lease or other instrument in fulfillment thereof.  The petition must show the  description of the real estate and the facts upon which the right to a conveyance or  lease is based.  The court may authorize the representative to waive a default or to  compound or compromise any balance due upon such terms as the court orders.  If the  contract requires the giving of warranties, the instrument to be given by  the representative  shall contain the warranties required and they shall bind the estate as  though made by the  decedent or ward but shall not bind the representative personally.    (Source: P.A. 79-328.)
755 ILCS 5/20-18
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-18)Sec. 20-18.         Effect of proceedings.)  All deeds or conveyances executed  by a representative to the purchaser under this Act convey to and vest in  the purchaser all the estate, right, title and interest, legal or equitable,  of the decedent or ward in the real estate or interest therein sold.  All  mortgages executed by a representative under this Act convey to and vest  in the mortgagee all the estate, right, title and interest, legal or equitable,  of the decedent or ward in the property mortgaged for the purpose, and as  security for the indebtedness, described in the mortgage and intended to  be secured thereby.    (Source: P.A. 80-808.)
755 ILCS 5/20-19
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-19)Sec. 20-19.         No exoneration of encumbered interests in real estate.)   Except  as otherwise expressly provided by decedent's will:(a) When any real estate or leasehold estate in real estate subject to an encumbrance,  or any beneficial interest under a trust of real estate or leasehold estate  in real estate  subject to an encumbrance, is specifically bequeathed or passes by joint  tenancy with right  of survivorship or by the terms of a trust agreement or other nontestamentary  instrument,  the legatee, surviving tenant or beneficiary to whom the real estate, leasehold  estate or  beneficial interest is given or passes, takes it subject to the encumbrance and is not  entitled to have the indebtedness paid from other real or personal estate  of the decedent.(b) If the representative pays all or any part of the indebtedness from assets  other than the real estate, leasehold estate or beneficial interest or the income or  proceeds therefrom, he is entitled to reimbursement from the legatee, surviving  tenant or beneficiary and, in the event of nonreimbursement, the court may adjudge a  lien on the real estate, leasehold estate or beneficial interest for the amount so paid  with interest.(c) If the encumbrance embraces or extends to other property, the reimbursement shall  be limited to the portion of the amount paid by the representative which  the value of the  real estate, leasehold interest or beneficial interest bears to the value  of all property  subject to the encumbrance as of the date of the decedent's death.    (Source: P.A. 79-328.)
755 ILCS 5/20-21
2021 Illinois Compiled Statutes|Chapter 755 - ESTATES|755 ILCS 5/ - Probate Act of 1975.|Article XX - Administration Of Real Estate

 (from Ch. 110 1/2, par. 20-21)Sec. 20-21.         Joining with spouse of ward in sale or mortgage.)  By leave of the court  and upon such terms as the court directs, a representative of a ward may  join in the execution  and delivery of a deed or mortgage in the name of the ward or otherwise  release or convey the  right of the ward to homestead.  Leave of court must be obtained in the  same manner as nearly  may be as in the case of leasing a ward's real estate.    (Source: P.A. 79-328.)