2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 5/ - Probate Act of 1975. › Article I - General Provisions

(755 ILCS 5/Art. I heading)
ARTICLE I.
GENERAL PROVISIONS
(755 ILCS 5/1-1) (from Ch. 110 1/2, par. 1-1)
Sec. 1-1. 
		Title.) This Act may be cited as the Probate Act of 1975.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2) (from Ch. 110 1/2, par. 1-2)
Sec. 1-2. 
		Definitions. 
		As used in this Act, unless the context requires
otherwise, the terms defined and the words construed in the following Sections
have the meanings ascribed to them in those Sections.
(Source: P.A. 88-202; 88-529.)
(755 ILCS 5/1-2.01) (from Ch. 110 1/2, par. 1-2.01)
Sec. 1-2.01. 
		
		"Administrator" includes administrator de bonis non and
administrator with the will annexed.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.02) (from Ch. 110 1/2, par. 1-2.02)
Sec. 1-2.02. 
		
		"Administrator with the will annexed" includes administrator
de bonis non with the will annexed.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.03) (from Ch. 110 1/2, par. 1-2.03)
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
pursuance of the law of Congress in relation to records in foreign states if the office
in which the record of the original is kept is not in this State.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.04) (from Ch. 110 1/2, par. 1-2.04)
Sec. 1-2.04. 
		
		"Bequeath" means to dispose of real or personal property
by will and includes devise.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.05) (from Ch. 110 1/2, par. 1-2.05)
Sec. 1-2.05. 
		"Claim" includes any cause of action.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.06) (from Ch. 110 1/2, par. 1-2.06)
Sec. 1-2.06. 
		
		"Dependent" means a person who is unable to maintain himself
and is likely to become a public charge.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.07) (from Ch. 110 1/2, par. 1-2.07)
Sec. 1-2.07. 
		
		"Encumbrance" includes mortgage, real estate tax or special
assessment, deed of trust, vendor's lien, security agreement and other lien.
(Source: P.A. 79-328.)
(755 ILCS 5/1-2.08) (from Ch. 110 1/2, par. 1-2.08)
Sec. 1-2.08. 
		
		"Guardian" includes a representative of a minor and a representative
of a person under legal disability.
(Source: P.A. 83-706.)
(755 ILCS 5/1-2.09) (from Ch. 110 1/2, par. 1-2.09)
Sec. 1-2.09. 
		
		"Independent administration" means administration of a decedent's
estate pursuant to Article XXVIII.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.10) (from Ch. 110 1/2, par. 1-2.10)
Sec. 1-2.10. 
		
		"Independent representative" means an executor or administrator
acting pursuant to Article XXVIII.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.11) (from Ch. 110 1/2, par. 1-2.11)
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 right or fiduciary status at the time of reference which
may be affected by the action, power or proceeding involved, including without
limitation an heir, legatee, creditor, person entitled to a spouse's or child's
award and the representative.  Whenever any provision of this Act requires
notice or accounting to or action by an interested person, including
without limitation Sections 24-2 and 28-11 of this Act, and a trustee
of a trust is an interested person, no notice or accounting to or action
by a beneficiary of the trust in his capacity as beneficiary shall be required.
When a ward would be an interested person but a personal fiduciary is then
acting for him pursuant to Section 28-3, the personal fiduciary is the
interested person instead of the ward, but any notice required to be given
to the ward under this Act shall be given to both the personal fiduciary
and the ward. This definition also applies to the following terms:
"interested party", "person (or party) interested" and "person (or party)
in interest".
(Source: P.A. 85-994.)
(755 ILCS 5/1-2.12) (from Ch. 110 1/2, par. 1-2.12)
Sec. 1-2.12. 
		
		"Legacy" means a testamentary disposition of real or personal
property and includes devise and bequest.  "Legatee" includes devisee.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.13) (from Ch. 110 1/2, par. 1-2.13)
Sec. 1-2.13. 
		"Mortgage" includes trust deed in the nature of a mortgage.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.14) (from Ch. 110 1/2, par. 1-2.14)
Sec. 1-2.14. 
		
		"Personal fiduciary" means one acting on behalf of a ward
pursuant to Section 28-3 during independent administration.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.15) (from Ch. 110 1/2, par. 1-2.15)
Sec. 1-2.15. 
		
		"Representative" includes executor, administrator,
administrator to collect, standby guardian, guardian and temporary guardian.
(Source: P.A. 88-529.)
(755 ILCS 5/1-2.16) (from Ch. 110 1/2, par. 1-2.16)
Sec. 1-2.16. 
		
		"Supervised administration" means administration of a decedent's
estate pursuant to the provisions of this Act other than Article XXVIII.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.17) (from Ch. 110 1/2, par. 1-2.17)
Sec. 1-2.17. "Ward" includes a minor or a person with a disability.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/1-2.18) (from Ch. 110 1/2, par. 1-2.18)
Sec. 1-2.18. "Will" includes electronic will, certified paper copy of an electronic will, testament and codicil.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 5/1-2.19) (from Ch. 110 1/2, par. 1-2.19)
Sec. 1-2.19. 
		
		Words importing the masculine, feminine or neuter gender include
each of the other genders where applicable.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.20) (from Ch. 110 1/2, par. 1-2.20)
Sec. 1-2.20. 
		
		Words importing the singular number include the plural and
words importing the plural number include the singular.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.21) (from Ch. 110 1/2, par. 1-2.21)
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 Minors Act.
(Source: P.A. 84-915.)
(755 ILCS 5/1-2.22) (from Ch. 110 1/2, par. 1-2.22)
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.
(Source: P.A. 81-795.)
(755 ILCS 5/1-2.23)
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 11-5.3, to
become effective at a later date under Section 11-13.1 or (ii) a guardian of
the person or estate, or both, of a person with a disability, as appointed by the court
under Section 11a-3.1, to become effective at a later date under Section
11a-18.2.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/1-2.24)
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 11-5.4 or a guardian of
the person of a person with a disability as appointed by the guardian of the person with a disability under Section 11a-3.2.
(Source: P.A. 99-143, eff. 7-27-15.)
(755 ILCS 5/1-2.25)
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 Electronic Wills, Electronic Estate Planning Documents, and Remote Witnesses Act satisfies the provisions of this Act.
(Source: P.A. 102-167, eff. 7-26-21; 103-301, eff. 1-1-24.)
(755 ILCS 5/1-2.26)
Sec. 1-2.26. "In the presence of" and any variation thereof includes:
(1) being in the same physical location as another     person and close enough to see and know the other person is signing a document; or
(2) being in a different physical location from     another person, but able, using electronic means, to see, hear, communicate, and know that the person is signing a document in real time.
(Source: P.A. 102-167, eff. 7-26-21.)
(755 ILCS 5/1-3) (from Ch. 110 1/2, par. 1-3)
Sec. 1-3. 
		
		Corporation as representative.)  Any corporation qualified to
accept and execute trusts in this State is qualified to act as representative of the
estate of a decedent or ward.
(Source: P.A. 79-328.)
(755 ILCS 5/1-4) (from Ch. 110 1/2, par. 1-4)
Sec. 1-4. 
		
		Pleadings.)  On the court's own motion or on motion of any interested
person, before or during any hearing, any person who desires to oppose the
entry of an order
or judgment shall file, as directed by the court, a pleading disclosing
the grounds of opposition.
(Source: P.A. 79-328.)
(755 ILCS 5/1-5) (from Ch. 110 1/2, par. 1-5)
Sec. 1-5. Petition under oath.)   Every petition under this Act, except a
petition under Section 8-1 or Section 8-2, shall be under oath or
affirmation.  If a statement is known to petitioner only upon information
and belief, or is unknown to him, the petition shall so state. Whenever any
instrument is required to be verified or under oath, a statement that is
made under the penalties of perjury has the same effect as if the
instrument were verified or made under oath.  A fraudulent statement so
made is perjury, as defined in Section 32-2 of the Criminal Code
of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
(755 ILCS 5/1-6) (from Ch. 110 1/2, par. 1-6)
Sec. 1-6. 
		
		Civil Practice Law applies.)  The Civil Practice Law and
all existing and future amendments and modifications thereof and the
Supreme Court Rules now or hereafter adopted in relation to that
Law shall apply to all proceedings
under this Act, except as otherwise provided in this Act. Paragraph (g) of
Section 2-1301 of the Code of Civil Procedure, and all existing and future
amendments and modifications of paragraph (g) do not apply to proceedings
under Sections 20-3, 20-4 and 22-4 of this Act for the sale or mortgage
of real estate or an interest therein.
(Source: P.A. 82-783.)
(755 ILCS 5/1-7) (from Ch. 110 1/2, par. 1-7)
Sec. 1-7. 
		
		Mispleading - representative not liable beyond assets.)  No representative
or his surety is chargeable beyond the assets of the estate administered
by reason of any
omission or mistake in pleading or any false pleading of the representative.
(Source: P.A. 79-328.)
(755 ILCS 5/1-8) (from Ch. 110 1/2, par. 1-8)
Sec. 1-8. 
		
		Penalty for false affidavit.)  A person who makes a false affidavit under
this Act is guilty of perjury and upon conviction shall be punished as provided by the
statutes of this State in relation to the crime of perjury.
(Source: P.A. 79-328.)
(755 ILCS 5/1-9) (from Ch. 110 1/2, par. 1-9)
Sec. 1-9. 
		
		Act to be liberally construed.)  This Act and the rules now
or hereafter applicable
thereto shall be liberally construed to the end that controversies and the rights of the
parties may be speedily and finally determined and the rule that statutes in derogation
of the common law shall be strictly construed does not apply.
(Source: P.A. 79-328.)
(755 ILCS 5/1-10) (from Ch. 110 1/2, par. 1-10)
Sec. 1-10. 
		
		Partial invalidity.) The invalidity of any provision of this
Act does not affect the remainder of this Act.
(Source: P.A. 79-328.)
(755 ILCS 5/1-11) (from Ch. 110 1/2, par. 1-11)
Sec. 1-11. 
		Nonresident representative. 
		If a representative is or
becomes a nonresident of this State, the representative shall file
in the court in which
the estate is pending a designation of a resident agent to accept service
of process, notice or demand required or permitted by law to be served upon
the representative.  If the representative fails to do so, the clerk
of the court is
constituted as agent of the representative upon whom the process, notice or
demand may be served.  If service is made upon the clerk of the court, the
clerk of the court
shall mail a copy of the process, notice or demand to the representative at
the representative's last known post office address and to the
representative's attorney of record.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)