Probate Act

Sections covered

• 755 ILCS 5/1-1Title.) This Act may be cited as the Probate Act of 1975
• 755 ILCS 5/1-10Partial invalidity.) The invalidity of any provision of this Act does not affect the remainder of this Act
• 755 ILCS 5/1-11Nonresident representative
• 755 ILCS 5/1-2Definitions
• 755 ILCS 5/1-2.01"Administrator" includes administrator de bonis non and administrator with the will annexed
• 755 ILCS 5/1-2.02"Administrator with the will annexed" includes administrator de bonis non with the will annexed
• 755 ILCS 5/1-2.03Estates › 755 ILCS 5 — Probate Act of 1975 › Article I — General Provisions
• 755 ILCS 5/1-2.04"Bequeath" means to dispose of real or personal property by will and includes devise
• 755 ILCS 5/1-2.05"Claim" includes any cause of action
• 755 ILCS 5/1-2.06"Dependent" means a person who is unable to maintain himself and is likely to become a public charge
• 755 ILCS 5/1-2.07"Encumbrance" includes mortgage, real estate tax or special assessment, deed of trust, vendor's lien, security agreement and other lien
• 755 ILCS 5/1-2.08"Guardian" includes a representative of a minor and a representative of a person under legal disability
• 755 ILCS 5/1-2.09"Independent administration" means administration of a decedent's estate pursuant to Article XXVIII
• 755 ILCS 5/1-2.10"Independent representative" means an executor or administrator acting pursuant to Article XXVIII
• 755 ILCS 5/1-2.11Estates › 755 ILCS 5 — Probate Act of 1975 › Article I — General Provisions
• 755 ILCS 5/1-2.12"Legacy" means a testamentary disposition of real or personal property and includes devise and bequest
• 755 ILCS 5/1-2.13"Mortgage" includes trust deed in the nature of a mortgage
• 755 ILCS 5/1-2.14"Personal fiduciary" means one acting on behalf of a ward pursuant to Section 28-3 during independent administration
• 755 ILCS 5/1-2.15"Representative" includes executor, administrator, administrator to collect, standby guardian, guardian and temporary guardian
• 755 ILCS 5/1-2.16"Supervised administration" means administration of a decedent's estate pursuant to the provisions of this Act other than Article XXVIII
• 755 ILCS 5/1-2.17"Ward" includes a minor or a person with a disability
• 755 ILCS 5/1-2.18"Will" includes electronic will, certified paper copy of an electronic will, testament and codicil
• 755 ILCS 5/1-2.19Words importing the masculine, feminine or neuter gender include each of the other genders where applicable
• 755 ILCS 5/1-2.20Words importing the singular number include the plural and words importing the plural number include the singular
• 755 ILCS 5/1-2.21Words 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
• 755 ILCS 5/1-2.22In any proceeding under this Act the words "executor", "administrator", "guardian" and "testator" may be used without regard to the sex of the person
• 755 ILCS 5/1-2.23Estates › 755 ILCS 5 — Probate Act of 1975 › Article I — General Provisions
• 755 ILCS 5/1-2.24"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
• 755 ILCS 5/1-2.25Where 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
• 755 ILCS 5/1-2.26Estates › 755 ILCS 5 — Probate Act of 1975 › Article I — General Provisions
• 755 ILCS 5/1-3Corporation 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
• 755 ILCS 5/1-4Pleadings.) 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
• 755 ILCS 5/1-5Petition under oath.) Every petition under this Act, except a petition under Section 8-1 or Section 8-2, shall be under oath or affirmation
• 755 ILCS 5/1-6Civil 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
• 755 ILCS 5/1-7Mispleading - 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
• 755 ILCS 5/1-8Penalty 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
• 755 ILCS 5/1-9Estates › 755 ILCS 5 — Probate Act of 1975 › Article I — General Provisions