2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 20/ - Escheats Act.

(755 ILCS 20/0.01) (from Ch. 49, par. 0.01)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Escheats Act.
(Source: P.A. 86-1324.)
(755 ILCS 20/1) (from Ch. 49, par. 1)
Sec. 1. 
		
		If any person dies owning any real
or personal estate without any legacy, and leaving no known heirs or
representatives capable of inheriting the same, or the legatees thereof
are incapable of holding the same, and in all cases when there is no
owner of real estate capable of holding the same, such real and personal
estate shall escheat as provided in the Probate Act of 1975, as amended.
(Source: P.A. 83-388.)
(755 ILCS 20/2) (from Ch. 49, par. 2)
Sec. 2. 
		
		In case the estate consists of personal property, letters of
office shall be granted thereon, as in other cases, and the same
shall be administered in conformity with the probate laws of this State.
Should there be any balance left in the possession of the
administrator after
the payment of debts and costs of administration, the administrator shall
report the same to the circuit court, with a statement of all the facts
within his knowledge as to the heirship of the decedent, which facts shall
constitute a part of his report, and be filed in the
court; and the court shall enter
an order directing
the administrator to pay over the balance found in his possession
to the county
treasurer of the county, taking his receipt therefor, which receipt shall
be filed with the county clerk and entered of record, and shall be a good
and sufficient voucher to the administrator. The county clerk shall also
charge the amount to the county treasurer as an escheat fund, specially
designating from whose estate the same was derived.
(Source: P.A. 83-388.)
(755 ILCS 20/3) (from Ch. 49, par. 3)
Sec. 3. 
		
		When the State's Attorney of the county is informed or
has reason to believe that any real estate
within the county has escheated to the county by reason that
any person owning the real estate has died without bequeathing the
same, and leaving no heir capable of inheriting the same,
or by reason of the incapacity of the legatee to hold the
same, and such estate has not been sold according
to law within 5 years after the death of the last owner, for the payments
of the debts of the deceased, or if the State's Attorney is informed,
or has cause to believe that any such estate within
the county has otherwise escheated to the county,
it shall be the duty of the State's Attorney to file a complaint
in behalf of the county in the circuit court of the county, setting forth
a description of the estate, the name of the last lawful owner thereof,
the names of the parties in possession, and persons claiming such estate,
if known, and the fact and circumstances in consequence of which such estate
is claimed to have escheated, and alleging that by reason thereof the county
has a right by law to such estate.  The court shall
enter an order against such persons, bodies
politic or corporate, as alleged in the complaint, to hold,
possess or claim such estate, requiring them to appear at the court on a
designated return day, not less than 60 nor more than 90 days after the
date thereof, and show cause why such estate should not be vested in the
county. A certified copy of the order
shall be served at least 10 days before the return day thereof.
The court shall set forth in the order briefly the contents of the
complaint, and
require all persons interested in the estate to appear
at the court on the return day so designated and show cause, if any, why
the same should not be
vested in the county; and the order shall be published for
6 weeks successively in some newspaper printed and published in the county, if
any is there published; and if no newspaper is printed
in the county, then the notice shall be published in
some newspaper in the adjoining county thereto, the last insertion to be
at least 2 weeks before the return day on which the parties are required to appear.
(Source: P.A. 83-359.)
(755 ILCS 20/4) (from Ch. 49, par. 4)
Sec. 4. 
		
		All persons, bodies, politic and corporate, named in such
complaint as having possession rights or claimants of the estate, may appear
and plead to such proceedings, and may deny the facts stated in
the complaint, and the title of the county to the lands and tenements
therein mentioned, at any time on or before the third day after the
return day of the order, and any other person
claiming an interest in such estate may appear and be made a defendant and
plead to the complaint, by motion or by answer, within the time
allowed for pleading; and if no person appears and pleads, or appearing,
refuses to plead within the
time, then judgment shall be entered vesting title in the
county to the lands and
tenements in such complaint claimed; but if any person appears and denies
the title set up by the county, or denies any material facts in the
complaint, an issue or issues shall
be made up and tried as other issue of facts, and a survey may be ordered
and entered as in other actions where the title or boundary of lands is
drawn in question; and
if, after the issues are tried, it appears from facts
found or admitted that the county has good title to the lands and tenements in
the complaint mentioned, or any part thereof, judgment shall be entered
vesting title thereof in the county, and the county
shall recover costs of the action against the defendant or defendants.
(Source: P.A. 83-359.)
(755 ILCS 20/5) (from Ch. 49, par. 5)
Sec. 5. 
		
		When judgment is entered vesting
title in the county to any land, tenements or hereditaments, such judgment
shall contain a certain description of such estate, and shall be effectual for vesting
the title in the county; and an order shall
be entered directed to the sheriff of the county,
commanding the sheriff to seize and take the lands, tenements
and hereditaments so vested in the county into the sheriff's
possession; and upon the return of such order
of seizure, the State's Attorney shall
cause the record and process to be exemplified under the seal of the
court, and cause the same to be recorded in the office of the recorder of
the county; and such judgment shall preclude
all parties and persons thereto, their heirs and assigns, so long as such judgment
shall remain in force.
(Source: P.A. 83-1362.)
(755 ILCS 20/6) (from Ch. 49, par. 6)
Sec. 6. 
		
		Any party who has filed an appearance in the proceeding and
the State's Attorney,
on behalf of the
county, may appeal in
the same manner as parties in other
civil cases.
(Source: P.A. 83-359.)
(755 ILCS 20/7) (from Ch. 49, par. 7)
Sec. 7. 
		
		The county treasurer shall keep just and true accounts of all moneys
paid into the treasury, and if any person appears within 10 years after the
death of the intestate and claims any money paid into the treasury as his
or hers, on legal representation such person may file a petition
in the circuit court of such county, stating the nature of the claim and
praying such money may be paid to the claimant.  A copy of such petition shall be
served upon the State's Attorney of such county, who shall file an answer
to the same, and the court shall thereupon examine the claim and the
allegations and proofs, and if it finds that such person is entitled to any
money paid into the county treasury, the court shall by order direct the
county clerk to issue an order upon the county treasurer for the payment
of the money, but without interest or costs.  It is the duty
of county boards
to see that such amounts are paid in full without discount.  A copy of the
order of the court shall be a sufficient voucher for drawing such order.  If
any person appears and claims any lands vested in the county above stated,
within 5 years after the judgment was entered, such person (other than such
as were served with a copy of the order entered pursuant to Section 3 of
this Act or filed an appearance in the proceeding,
their heirs or assigns), may file a petition in the circuit court of the
county in which the lands claimed lie, setting forth the nature of the
claim and praying that the lands be relinquished to the petitioner.  A copy of such
petition shall be served on the State's Attorney of the county, who shall
file an answer.  The court shall thereupon examine the claim and the
allegations and proofs, and if it appears that such person is entitled to
the lands claimed, the court shall enter an order accordingly, which shall be
effectual for divesting the interest of the county in or to the lands, but
no costs shall be adjudged against the county.  All persons who fail to
appear and file their petitions within the times limited, herein, shall
be forever barred, saving, however, to minors and persons under legal disability
the right to appear and file their petition as hereinabove set out, at
any time within 5 years after their respective disabilities are removed.
However, the county board of such county may cause such lands to be sold
at any time after seizure, in which case the claimant shall be entitled
to the proceeds of such sale in lieu of the lands, upon obtaining a judgment or order as
hereinabove set out.
All persons beyond the limits of the United States, as to whom a right
to petition under this Section is otherwise barred by this amendatory Act
of 1961 or will be barred within one year after the effective date of this
amendatory Act of 1961, may file a petition pursuant to this Section at any
time within 2 years after such effective date.
(Source: P.A. 83-1362.)