2023 Illinois Compiled Statutes › Chapter 755 - ESTATES › 755 ILCS 5/ - Probate Act of 1975. › Article XV - Spouse And Child Awards

(755 ILCS 5/Art. XV heading)
ARTICLE XV
SPOUSE AND CHILD AWARDS
(755 ILCS 5/15-1) (from Ch. 110 1/2, par. 15-1)
Sec. 15-1. Spouse's award.
(a) The surviving spouse of
a deceased resident of this State whose estate, whether
testate or intestate, is administered in this State, shall be
allowed as the surviving spouse's own property, exempt from the enforcement
of a judgment, garnishment or attachment in the possession of the
representative, a sum of money that the court deems reasonable
for the proper support of the surviving spouse for the
period of 9 months after the death of the decedent in a manner
suited to the condition in life of the surviving spouse
and to the condition of the estate and an additional sum
of money that the court deems reasonable for the proper
support, during that period, of minor 
children of the decedent who resided with the surviving spouse at
the time of the decedent's death. The award may in no case
be less than $20,000, together with an additional sum not
less than $10,000 for each such child. The award shall be
paid to the surviving spouse at such time or times, not
exceeding 3 installments, as the court directs. If the
surviving spouse dies before the award for his support is paid
in full, the amount unpaid shall be paid to his estate. If
the surviving spouse dies or abandons a child before the
award for the support of a child is paid in full, the amount
unpaid shall be paid for the benefit of the child to such
person as the court directs.
(a-5) The surviving spouse of a deceased resident of this State whose estate, whether testate or intestate, is administered in this State, shall be allowed as the surviving spouse's own property, exempt from the enforcement of a judgment, garnishment, or attachment in the possession of the representative, for each adult child of the decedent who is likely to become a public charge and was financially dependent on the decedent and resided with the surviving spouse at the time of the decedent's death, a sum of money that the court deems reasonable, or agreed upon by the surviving spouse and representative of the decedent's estate or affiant under a small estate affidavit pursuant to Section 25-1, for the proper support of the adult child for the period of 9 months after the death of the decedent in a manner suited to the condition in life of the adult child of the decedent and to the condition of the estate.  The award shall be at least $5,000 for each such adult child and shall otherwise be consistent with the financial support that the decedent was providing the adult child immediately prior to the decedent's death.  The award shall be paid to the surviving spouse at such time or times, not exceeding 3 installments, as the court directs.  If the surviving spouse dies or abandons an adult child before the award for the support of an adult child is paid in full, the amount unpaid shall be paid for the benefit of the adult child to such person as the court directs.  Within 30 days of  the surviving spouse or adult child receiving written notice of this potential award from the representative of the decedent's estate or from the affiant under a small estate affidavit pursuant to Section 25-1, the surviving spouse or the adult child, or the adult child's agent or guardian or other adult on behalf of the adult child, shall provide written notice to the representative or affiant asserting that the adult child was financially dependent on the decedent at the time of the decedent's death.  Failure to provide written notice to the representative or affiant within 30 days after receiving notice from the representative or affiant shall be a bar to the right to receive the award.  The notice by the representative may be combined with the notices given pursuant to Sections 6-21 and 8-1.
(b) The surviving spouse is entitled to the award
unless the will of the decedent expressly provides that the
provisions thereof for the surviving spouse are in lieu of
the award and the surviving spouse does not renounce the will.
(c) The changes made by Public Act 96-968 apply to a decedent whose date of death is  on or after July 2, 2010 (the effective date of Public Act 96-968). The changes to this Section made by this amendatory Act of the 100th General Assembly apply to a decedent whose date of death is on or after the effective date of this amendatory Act of the 100th

General Assembly.
(Source: P.A. 100-478, eff. 6-1-18.)
(755 ILCS 5/15-2) (from Ch. 110 1/2, par. 15-2)
Sec. 15-2. Child's award.
(a) If a minor child of the decedent does not reside
with the surviving spouse of the decedent at the time of the decedent's death,
there shall be allowed to that child, exempt from the enforcement of a
judgment, garnishment or attachment in the possession of the
representative, a sum of money that the court deems reasonable for the
proper support of the child for the period of 9 months after the death of
the decedent, in a manner suited to the condition in life of the minor
child and to the condition of the estate. The award may in no case be less
than $10,000 and shall be paid for the benefit of the child to such person
as the court directs.
(b) If a deceased resident of this State leaves no
surviving spouse, there shall be allowed to all children of the
decedent who were minors at the date of death, exempt from the enforcement of a judgment, garnishment
or attachment in the possession of the representative, a sum of money that
the court deems reasonable for the proper support of those children for the
period of 9 months after the death of the decedent in a manner suited to
the condition in life of those children and to the condition of the estate.
The award may in no case be less than $10,000 for each of those children,
together with an additional sum not less than $20,000 that shall be divided
equally among those children or apportioned as the court directs and that
shall be paid for the benefit of any of those children to any person that
the court directs.
(b-5) If an adult child of the decedent is likely to become a public charge and was financially dependent on the decedent at the time of the decedent's death, and if the adult child of the decedent did not reside with the surviving spouse of the decedent at the time of the decedent's death, there shall be allowed to that adult child, exempt from the enforcement of a judgment, garnishment, or attachment in the possession of the representative, a sum of money that the court deems reasonable, or agreed upon by the surviving spouse and representative of the decedent's estate or affiant under a small estate affidavit pursuant to Section 25-1, for the proper support of the adult child for the period of 9 months after the death of the decedent, in a manner suited to the condition of life of the adult child and to the condition of the estate.  The award shall be at least $5,000 and shall otherwise be consistent with the financial support that the decedent was providing the adult child immediately prior to the decedent's death. The award shall be paid for the benefit of the adult child to such person as the court or affiant under a small estate affidavit pursuant to Section 25-1 directs.  Within 30 days after receiving written notice of this potential award from the representative of the decedent's estate or from the affiant under a small estate affidavit pursuant to Section 25-1, the adult child, or the adult child's agent or guardian or other adult on behalf of the adult child, shall provide written notice to the representative or affiant, asserting that the adult child was financially dependent on the decedent at the time of the decedent's death and that the adult child did not reside with the surviving spouse at the time of the decedent's death.  Failure to provide such written notice to the representative or affiant within 30 days after receiving notice from the representative or affiant shall be a bar to the right to receive the award.  The notice by the representative may be combined with the notices given pursuant to Sections 6-21 and 8-1.
(c) The changes made by Public Act 96-968 apply to a decedent whose date of death is on or after July 2, 2010 (the effective date of Public Act 96-968). The changes to this Section made by this amendatory Act of the 100th General Assembly apply to a decedent whose date of death is on or after the effective date of this amendatory Act of the 100th

General Assembly.
(Source: P.A. 100-478, eff. 6-1-18.)
(755 ILCS 5/15-3) (from Ch. 110 1/2, par. 15-3)
Sec. 15-3. 
		
		Allowance, notice and review of award.)
(a) The representative shall apply to the court to make the award
when an award is allowable and is not waived or barred, and
when an award is allowed, shall mail or deliver a copy of the
award to each person in whose favor the award is made, unless
service is waived.
(b) On petition of the surviving spouse, the representative,
an heir or legatee, or a creditor of the estate, the
court may hear evidence and may increase or diminish the
award as justice requires.
(Source: P.A. 79-328.)
(755 ILCS 5/15-4) (from Ch. 110 1/2, par. 15-4)
Sec. 15-4. 
		
		Selection.) (a) The surviving spouse is entitled to
receive the amount of the award in money or, at the election of the
surviving spouse, to accept payment thereof in whole or in part in goods
and chattels of the decedent not specifically bequeathed, at their
appraised value. The selection shall be made in writing by the surviving
spouse within 30 days after he is notified in writing of the allowance
of the award and shall be filed in the court. If the surviving spouse
dies before the expiration of the time within which he may make the
selection, the representative of his estate may make the selection for
the benefit of the estate.
(b) If the decedent leaves no surviving spouse, the children of the
decedent have the same right of selection of goods and chattels as the
surviving spouse under this Section. The selection shall be made and
filed in the same manner as the surviving spouse's selection.
(c) If a surviving spouse or child entitled to make a selection is a
ward his representative may make the selection on his
behalf.
(Source: P.A. 80-1415.)