Illinois Compiled Statutes
755 ILCS 5/ - Probate Act of 1975.
Article II - Descent And Distribution

(755 ILCS 5/Art. II heading)

 
(755 ILCS 5/2-1) (from Ch. 110 1/2, par. 2-1)
Sec. 2-1. Rules of descent and distribution. The intestate real and
personal estate of a resident decedent and the intestate real estate in
this State of a nonresident decedent, after all just claims against his
estate are fully paid, descends and shall be distributed as follows:
(a) If there is a surviving spouse and also a descendant of the
decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to
the decedent's descendants per stirpes.
(b) If there is no surviving spouse but a descendant of the
decedent: the entire estate to the decedent's descendants per stirpes.
(c) If there is a surviving spouse but no descendant of the
decedent: the entire estate to the surviving spouse.
(d) If there is no surviving spouse or descendant but a parent,
brother, sister or descendant of a brother or sister of the decedent:
the entire estate to the parents, brothers and sisters of the decedent
in equal parts, allowing to the surviving parent if one is dead a double
portion and to the descendants of a deceased brother or sister per
stirpes the portion which the deceased brother or sister would have
taken if living.
(e) If there is no surviving spouse, descendant, parent, brother,
sister or descendant of a brother or sister of the decedent but a
grandparent or descendant of a grandparent of the decedent: (1) 1/2 of
the entire estate to the decedent's maternal grandparents in equal parts
or to the survivor of them, or if there is none surviving, to their
descendants per stirpes, and (2) 1/2 of the entire estate to the
decedent's paternal grandparents in equal parts or to the survivor of
them, or if there is none surviving, to their descendants per stirpes.
If there is no surviving paternal grandparent or descendant of a
paternal grandparent, but a maternal grandparent or descendant of a
maternal grandparent of the decedent: the entire estate to the
decedent's maternal grandparents in equal parts or to the survivor of
them, or if there is none surviving, to their descendants per stirpes.
If there is no surviving maternal grandparent or descendant of a
maternal grandparent, but a paternal grandparent or descendant of a
paternal grandparent of the decedent: the entire estate to the
decedent's paternal grandparents in equal parts or to the survivor of
them, or if there is none surviving, to their descendants per stirpes.
(f) If there is no surviving spouse, descendant, parent, brother,
sister, descendant of a brother or sister or grandparent or descendant
of a grandparent of the decedent: (1) 1/2 of the entire estate to the
decedent's maternal great-grandparents in equal parts or to the survivor
of them, or if there is none surviving, to their descendants per
stirpes, and (2) 1/2 of the entire estate to the decedent's paternal
great-grandparents in equal parts or to the survivor of them, or if
there is none surviving, to their descendants per stirpes. If there is
no surviving paternal great-grandparent or descendant of a paternal
great-grandparent, but a maternal great-grandparent or descendant of a
maternal great-grandparent of the decedent: the entire estate to the
decedent's maternal great-grandparents in equal parts or to the survivor
of them, or if there is none surviving, to their descendants per
stirpes. If there is no surviving maternal great-grandparent or
descendant of a maternal great-grandparent, but a paternal
great-grandparent or descendant of a paternal great-grandparent of the
decedent: the entire estate to the decedent's paternal
great-grandparents in equal parts or to the survivor of them, or if
there is none surviving, to their descendants per stirpes.
(g) If there is no surviving spouse, descendant, parent, brother,
sister, descendant of a brother or sister, grandparent, descendant of a
grandparent, great-grandparent or descendant of a great-grandparent of
the decedent: the entire estate in equal parts to the nearest kindred of
the decedent in equal degree (computing by the rules of the civil law)
and without representation.
(h) If there is no surviving spouse and no known kindred of the
decedent: the real estate escheats to the county in which it is
located; the personal estate physically located within this State and
the personal estate physically located or held outside this State which
is the subject of ancillary administration of an estate being
administered within this State escheats to the county of which the
decedent was a resident, or, if the decedent was not a resident of this
State, to the county in which it is located; all other personal property
of the decedent of every class and character, wherever situate, or the
proceeds thereof, shall escheat to this State and be delivered to the
State Treasurer
pursuant to the Revised Uniform Unclaimed Property Act.
In no case is there any distinction between the kindred of the whole
and the half blood.

(Source: P.A. 100-22, eff. 1-1-18.)
 
(755 ILCS 5/2-2) (from Ch. 110 1/2, par. 2-2)
Sec. 2-2. Children born out of wedlock. The intestate real and personal estate of
a resident decedent who was a child born out of wedlock at the time of death and the
intestate real estate in this State of a nonresident decedent who was a child born out of wedlock at the time of death, after all just claims against his estate are
fully paid, descends and shall be distributed as provided in Section 2-1,
subject to Section 2-6.5 of this Act, if both parents are eligible parents. As
used in this Section, "eligible parent" means a parent of the decedent who,
during the decedent's lifetime, acknowledged the decedent as the parent's
child, established a parental relationship with the decedent, and supported the
decedent as the parent's child. "Eligible parents" who are in arrears of in
excess of one year's child support obligations shall not receive any property
benefit or other interest of the decedent unless and until a court of competent
jurisdiction makes a determination as to the effect on the deceased of the
arrearage and allows a reduced benefit. In no event shall the reduction of
the benefit or other interest be less than the amount of child support owed for
the support of the decedent at the time of death. The court's considerations
shall include but are not limited to the considerations in subsections (1)
through (3) of Section 2-6.5 of this Act.
If neither parent is an eligible parent, the intestate real
and personal estate of a resident decedent who was a child born out of wedlock at the time of
death and the intestate real estate in this State of a nonresident decedent who
was a child born out of wedlock at the time of death, after all just claims against his or her
estate are fully paid, descends and shall be distributed as provided in
Section 2-1, but the parents of the decedent shall be treated as having
predeceased the decedent.
If only one parent is an eligible parent, the intestate real and personal
estate of a resident decedent who was a child born out of wedlock at the time of death and the
intestate real estate in this State of a nonresident decedent who was a child born out of wedlock at the time of death, after all just claims against his or her
estate are fully paid, subject to Section 2-6.5 of this Act, descends and shall
be distributed as follows:
(a) If there is a surviving spouse and also a descendant of the
decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to
the decedent's descendants per stirpes.
(b) If there is no surviving spouse but a descendant of the
decedent: the entire estate to the decedent's descendants per stirpes.
(c) If there is a surviving spouse but no descendant of the
decedent: the entire estate to the surviving spouse.
(d) If there is no surviving spouse or descendant but the eligible parent or
a descendant of the eligible parent of the decedent: the entire estate to the
eligible parent and the eligible parent's descendants, allowing 1/2 to the
eligible parent and 1/2 to the eligible parent's descendants per stirpes.
(e) If there is no surviving spouse, descendant, eligible parent, or
descendant of the eligible parent of the decedent, but a grandparent on the
eligible parent's side of the family or descendant of such grandparent of the
decedent: the entire estate to the decedent's grandparents on the eligible
parent's side of the family in equal parts, or to the survivor of them, or if
there is none surviving, to their descendants per stirpes.
(f) If there is no surviving spouse, descendant, eligible parent, descendant
of the eligible parent, grandparent on the eligible parent's side of the
family, or descendant of such grandparent of the decedent: the entire estate
to the decedent's great-grandparents on the eligible parent's side of the
family in equal parts or to the survivor of them, or if there is none
surviving, to their descendants per stirpes.
(g) If there is no surviving spouse, descendant, eligible parent, descendant
of the eligible parent, grandparent on the
eligible parent's side of the family, descendant of such
grandparent, great-grandparent on the eligible parent's side of
the family, or descendant of such great-grandparent of the decedent: the
entire estate in equal parts to the nearest kindred of the eligible parent of
the decedent in equal degree (computing by the rules of the civil law) and
without representation.
(h) If there is no surviving spouse, descendant, or eligible parent of the
decedent and no known kindred of the eligible parent of the decedent: the real
estate escheats to
the county in which it is located; the personal estate physically
located within this State and the personal estate physically located or
held outside this State which is the subject of ancillary administration
within this State escheats to the county of which the decedent was a
resident or, if the decedent was not a resident of this State, to the
county in which it is located; all other personal property of the
decedent of every class and character, wherever situate, or the proceeds
thereof, shall escheat to this State and be delivered to the State
Treasurer of this State pursuant to the Revised Uniform Unclaimed Property Act.
For purposes of inheritance, the changes made by this amendatory Act of
1998 apply to all decedents who die on or after the effective date of this
amendatory Act of 1998. For the purpose of determining the property rights of
any person under any instrument, the changes made by this amendatory Act of
1998 apply to all instruments executed on or after the effective date of this
amendatory Act of 1998.
A child born out of wedlock is heir of his mother and of any maternal
ancestor and of any person from whom his mother might have inherited, if
living; and the descendants of a person who was a child born out of wedlock shall represent
such person and take by descent any estate which the parent would have
taken, if living. If a decedent has acknowledged paternity of a child born out of wedlock or if during his lifetime or after his death a
decedent has been adjudged to be the father of a child born out of wedlock,
that person is heir of his father and of any paternal ancestor and of
any person from whom his father might have inherited, if living; and
the descendants of a person who was a child born out of wedlock shall represent that person
and take by descent any estate which the parent would have taken, if
living. If during his lifetime the decedent was adjudged to be the
father of a child born out of wedlock by a court of competent jurisdiction,
an authenticated copy of the judgment is sufficient proof of the
paternity; but in all other cases paternity must be proved by clear and
convincing evidence. A person who was a child born out of wedlock whose parents
intermarry and who is acknowledged by the father as the father's child
is a lawful child of the father.
After a child born out of wedlock is adopted, that person's relationship to his or
her adopting and natural parents shall be governed by Section 2-4 of this
Act. For purposes of inheritance, the changes made by this amendatory Act of
1997 apply to all decedents who die on or after January 1, 1998. For the
purpose of determining the property rights of any person under any instrument,
the changes made by this amendatory Act of 1997 apply to all instruments
executed on or after January 1, 1998.

(Source: P.A. 100-22, eff. 1-1-18.)
 
(755 ILCS 5/2-3) (from Ch. 110 1/2, par. 2-3)
Sec. 2-3. Posthumous child.
(a) For purposes of the descent and distribution of property passing by intestate succession under this Act, a posthumous child of a decedent shall
receive the same share of an estate as if the child had been born in wedlock during the
decedent's lifetime, but only if: (1) the posthumous child is in utero at the decedent's death; or (2) in the case of a posthumous child not in utero at the decedent's death, the conditions of subsection (b) are met.
(b) A posthumous child of a decedent not in utero at the decedent's death meets the requirements of this subsection (b) only if all of the following conditions apply:
The requirements of this subsection impose no duty on the administrator of an estate to provide notice of death to any person and apply without regard to when any person receives notice of the decedent's death.
(c) For the purpose of determining the property rights of any person under any instrument, a posthumous child of a decedent who is in utero at the decedent's death shall be treated as a child of the decedent unless the intent to exclude the child is demonstrated by the express terms of the instrument by clear and convincing evidence.
(d) For the purpose of determining the property rights of any person under any instrument, a posthumous child of a decedent not in utero at the decedent's death shall not be treated as a child of the decedent unless one of the following conditions applies:
(e) For purposes of subsection (d), the use in the instrument of terms such as "child", "children", "grandchild", "grandchildren", "descendants", and "issue", whether or not modified by phrases such as "biological", "genetic", "born to", or "of the body" shall not alone constitute clear and convincing evidence of an intent to include posthumous children not in utero at the decedent's death. An intent to exclude posthumous children not in utero at the decedent's death shall be presumed with respect to any instrument that does not address specifically how and when the class of posthumous children are to be determined with respect to each division or distribution provided for under the instrument as well as whose posthumous children are to be included and when a posthumous child has to be born to be considered a beneficiary with respect to a particular division or distribution.
(f) No fiduciary or other person shall be liable to any other person for any action taken or benefit received prior to the effective date of this amendatory Act of the 100th General Assembly that was based on a good faith interpretation of Illinois law regarding the right of posthumous children to take property by intestate succession or under an instrument. If after the effective date of this amendatory Act of the 100th General Assembly the administrator of an estate does not receive the written notice required by subsection (b), the administrator of the estate shall not be liable to any posthumous child not in utero at the decedent's death or any person claiming for or through the child.
(g) The changes made to subsection (a) of this Section by this amendatory Act of the 100th General Assembly apply to the estates of all decedents who die on or after January 1, 2018. For the purpose of determining the property rights of any person under any instrument, the changes made by this amendatory Act of the 100th General Assembly apply to all instruments executed before, on, or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 99-85, eff. 1-1-16; 100-85, eff. 1-1-18.)
 
(755 ILCS 5/2-4) (from Ch. 110 1/2, par. 2-4)
Sec. 2-4.
Adopted child.
(a) An adopted child is a descendant of the adopting parent for purposes
of inheritance from
the adopting parent and from the lineal and collateral kindred of the
adopting parent and for the purpose of determining the property rights of any
person under any instrument, unless the adopted child is adopted after
attaining the age
of 18 years and
the child never resided with the adopting parent before attaining the age of 18
years, in which case the adopted child is a child of the adopting parent but is
not a descendant of the adopting parent for the purposes of inheriting from the
lineal or collateral kindred of the adopting parent. An adopted child and the
descendants of the child who is related to a decedent through more than one
line of relationship shall be entitled only to the share based on the
relationship which entitles the child or descendant to the largest share. The
share to which the child or descendant is not entitled shall be distributed in
the same manner as if the child or descendant never existed.
For purposes of inheritance, the changes made by this amendatory Act of 1997
apply to all decedents who die on or after January 1, 1998. For the purpose of
determining the property rights of any person under any instrument, the changes
made by this amendatory Act of 1997 apply to all instruments executed on or
after January 1, 1998.
(b) An adopting parent and the lineal and collateral kindred of the adopting
parent shall
inherit property from an adopted child to the exclusion of the natural parent
and the
lineal and collateral kindred of the natural parent in the same manner as
though the adopted
child were a natural child of the adopting parent, except that the natural
parent and the
lineal or collateral kindred of the natural parent shall take from the child
and the child's
kindred the property that the child has taken from or through the natural
parent or the lineal
or collateral kindred of the natural parent by gift, by will or under intestate
laws.
(c) For purposes of inheritance from the child and his or her kindred
(1) the person who at
the time of the adoption is the spouse of an adopting parent is an adopting
parent
and (2) a child is adopted when the child has been or is declared by any court
to have been adopted or has been or is declared or assumed to be the adopted
child of the testator or grantor in any instrument bequeathing or giving
property to the child.
(d) For purposes of inheritance from or through a natural parent and for
determining the property rights of any person under any instrument, an adopted
child
is not a child of a natural parent, nor is the child a descendant of a natural
parent or of any lineal or collateral kindred of a natural parent, unless one
or more of the following conditions apply:
An heir of an adopted child who, by reason of this subsection (d), is not a
child
of a natural parent is also not an heir of that natural parent or of the lineal
or collateral kindred of that natural parent. A fiduciary who has actual
knowledge that a person has been adopted, but who has no actual knowledge that
any of paragraphs (1), (2), or (3) of this subsection apply to the adoption,
shall have no liability for any action taken or omitted in good faith on the
assumption that the person is not a descendant or heir of the natural parent.
The preceding
sentence is intended to affect only the liability of the fiduciary and shall
not affect the property rights of any person.
For purposes of inheritance, the changes made by this amendatory Act of 1997
apply to all decedents who die on or after January 1, 1998. For the purpose of
determining the property rights of any person under any instrument, the changes
made by this amendatory Act of 1997 apply to all instruments executed on or
after January 1, 1998.
(e) For the purpose of determining the property rights of any person under
any instrument executed on or after September 1, 1955, an adopted child is
deemed
a child born to the adopting parent unless the contrary
intent is demonstrated by the terms
of the instrument by clear and convincing evidence.
(f) After September 30, 1989, a child adopted at any time before or
after that date is deemed a child born to the adopting parent for the
purpose of determining the property rights of any person under any
instrument executed before September 1, 1955, unless one or more of the
following conditions applies:
(g) No fiduciary or other person shall be liable to any other person for
any action taken or benefit received prior to October 1, 1989, under any
instrument executed before September 1, 1955,
that was based on a good faith interpretation of
Illinois law regarding the right of adopted children to take property under
such an instrument.
(h) No fiduciary under any instrument executed before September 1, 1955,
shall have any obligation to determine whether any adopted child has become
a taker under such instrument due to the application of subsection (f)
unless such fiduciary has received, on or before the "notice date", as
defined herein, written evidence that such adopted child has become a
taker of property. A fiduciary who has received such written evidence
shall determine in good faith whether or not any of the conditions
specified in subsection (f) exists but shall have no obligation to inquire
further into whether such adopted child is a taker of property pursuant to
such subsection. Such written evidence shall include a sworn statement by
the adopted child or his or her parent or guardian that such child is
adopted and to the best of the knowledge and
belief of such adopted child or such parent or guardian, none of the
conditions specified in such subsection exists. The "notice date" shall be
the later of February 1, 1990, or the expiration of 90 days after the
date on which the adopted child becomes a taker of property pursuant to the
terms of any instrument executed before September 1, 1955.
(i) A fiduciary shall advise all persons known to him or her to be
subject to these provisions of the existence of the right to commence a
judicial proceeding to prevent the adopted child from being a taker of
property under the instrument.

(Source: P.A. 90-237, eff. 1-1-98.)
 
(755 ILCS 5/2-5) (from Ch. 110 1/2, par. 2-5)
Sec. 2-5.

Advancements.) (a) In the division and distribution of the estate
of an intestate decedent, real or personal estate given by him in his lifetime as an
advancement to a descendant is considered as part of the decedent's estate
to be applied on the share of the person to whom the
advancement was made or, if he died before the decedent, on the share of
the descendants of the
person to whom the advancement was made. A gift is not an advancement unless
so expressed in
writing by the decedent or unless so acknowledged in writing by the person to whom the
gift was made.
(b) If the value of the advancement is expressed in the writing made by
the decedent or, if
not so expressed, in the written acknowledgment by the person to whom the
advancement was made,
it shall be considered as of that value; otherwise it shall be considered
as of the value when given.
The person to whom the advancement was made shall not be required to refund
any part of it, although
it exceeds his share in the entire estate.

(Source: P.A. 79-328.)
 
(755 ILCS 5/2-6) (from Ch. 110 1/2, par. 2-6)
Sec. 2-6.
Person causing death.
A person who intentionally and
unjustifiably causes the death of another shall not receive any property,
benefit, or other interest by reason of the death, whether as heir,
legatee, beneficiary, joint tenant, survivor, appointee or in any other
capacity and whether the property, benefit, or other interest passes
pursuant to any form of title registration, testamentary or nontestamentary
instrument, intestacy, renunciation, or any other circumstance. The
property, benefit, or other interest shall pass as if the person causing
the death died before the decedent, provided that with respect to joint
tenancy property the interest possessed prior to the death by the person
causing the death shall not be diminished by the application of this
Section. A determination under this Section may be made by any court of
competent jurisdiction separate and apart from any criminal proceeding
arising from the death, provided that no such civil proceeding shall
proceed to trial nor shall the person be required to submit to discovery in
such civil proceeding until such time as any criminal proceeding
has been finally determined by the trial court or, in the event no criminal
charge has been brought, prior to one year after the date of death.
A person convicted of first degree murder or second degree murder
of the decedent is conclusively presumed to have caused the death
intentionally and unjustifiably for purposes of this Section.
The holder of any property subject to the provisions of this Section
shall not be liable for distributing or releasing said property to the person
causing the death if such distribution or release occurs prior to a
determination made under this Section.
If the holder of any property subject to the provisions of this Section
knows or has reason to know that a potential beneficiary caused the death
of a person within the scope of this Section, the holder shall fully
cooperate with law enforcement authorities and judicial officers in
connection with any investigation of such death.

(Source: P.A. 86-749.)
 
(755 ILCS 5/2-6.2)
Sec. 2-6.2. Financial exploitation, abuse, or neglect of an elderly person
or a person with a disability.
(a) In this Section:
"Abuse" means any offense described in Section 12-1, 12-2, 12-3, 12-3.05, or 12-21 or subsection (b) of Section 12-4.4a of the Criminal Code of
1961 or the Criminal Code of 2012.
"Elderly person" has the meaning provided in subsection (e) of Section 12-4.4a of the Criminal Code of 2012.
"Financial exploitation" means any offense or act described or defined in Section 16-1.3 or 17-56 of the
Criminal Code of 1961 or the Criminal Code of 2012, and, in the context of civil proceedings, the taking, use, or other misappropriation of the assets or resources of an elderly person or a person with a disability contrary to law, including, but not limited to, misappropriation of assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, and conversion.
"Neglect" means any offense described in Section 12-19 or subsection (a) of Section 12-4.4a of the Criminal Code
of 1961 or the Criminal Code of 2012.
(b) Persons convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a disability or persons who have been found by a preponderance of the evidence to be civilly liable for financial exploitation shall not
receive
any property, benefit, or other interest by reason of the
death of that elderly person or person with a disability, whether as heir,
legatee,
beneficiary, survivor, appointee, claimant under Section 18-1.1, or in any other capacity
and whether the property, benefit, or other interest passes
pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any
other circumstance. Except as provided in subsection (f) of this Section, the property, benefit, or other
interest shall pass as if the person convicted of the
financial exploitation, abuse, or neglect or person found civilly liable for financial exploitation died before the
decedent, provided that with respect to joint tenancy
property the interest possessed prior to the death by the
person convicted of the financial exploitation, abuse, or
neglect shall not be
diminished by the application of this Section. Notwithstanding the
foregoing, a person convicted of financial exploitation, abuse, or neglect of
an elderly person or a person with a disability or a person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation shall be entitled to receive
property, a benefit, or an
interest in any capacity and under any circumstances described in this
subsection (b) if it is demonstrated by clear and convincing evidence that the
victim of that offense knew of the conviction or finding of civil liability and subsequent to the
conviction or finding of civil liability expressed or ratified his or her intent to transfer the property,
benefit, or interest to the person convicted of financial exploitation, abuse,
or
neglect of an elderly person or a person with a disability or the person found by a preponderance of the evidence to be civilly liable for financial exploitation in any manner
contemplated by this subsection
(b).
(c)(1) The holder of any property subject to the
provisions of this Section shall not be liable for
distributing or releasing the property to the person
convicted of financial exploitation, abuse, or neglect of
an elderly person or a person with a disability or the person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation if the distribution or release
occurs
prior to the conviction or finding of civil liability.
(2) If the holder is a financial institution, trust company, trustee, or
similar entity or person, the holder shall not be liable for any distribution
or
release of the property, benefit, or other interest to the person convicted of
a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or the person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation
unless the holder knowingly distributes or releases the property, benefit, or
other interest to the person so convicted or found civilly liable after first having received actual
written notice of the conviction in sufficient time to act upon the notice.
(d) If the holder of any property subject to the
provisions of this Section knows that a potential beneficiary has been
convicted of financial
exploitation, abuse, or neglect of an elderly person or a person with a
disability or has been found by a preponderance of the evidence to be civilly liable for financial exploitation within
the scope of this Section, the holder shall fully cooperate
with law enforcement authorities and judicial officers in
connection with any investigation of the financial
exploitation, abuse, or neglect. If the holder is a person or entity that is
subject to regulation by a regulatory agency pursuant to the laws of this or
any other state or pursuant to the laws of the United States, including but not
limited to the business of a financial institution, corporate fiduciary, or
insurance company, then such person or entity shall not be deemed to be in
violation of this Section to the extent that privacy laws and regulations
applicable to such person or entity prevent it from voluntarily providing law
enforcement authorities or judicial officers with information.
(e) A civil action against a person for financial exploitation may be brought by an interested person, pursuant to this Section, after the death of the victim or during the lifetime of the victim if the victim is adjudicated a person with a disability. A guardian is under no duty to bring a civil action under this subsection during the ward's lifetime, but may do so if the guardian believes it is in the best interests of the ward.
(f) The court may, in its discretion, consider such facts and circumstances as it deems appropriate to allow the person found civilly liable for financial exploitation to receive a reduction in interest or benefit rather than no interest or benefit as stated under subsection (b) of this Section.
(Source: P.A. 101-182, eff. 1-1-20.)
 
(755 ILCS 5/2-6.5)
Sec. 2-6.5.
Parent neglecting child.
A parent who, for a period of one
year
or more immediately before the death of the parent's minor or dependent child,
has willfully neglected or failed to perform any duty of support owed to the
minor or dependent child or who, for a period of one year or more, has
willfully
deserted the minor or dependent child
shall not receive
any property,
benefit, or other interest by reason of the death, whether as heir,
legatee, beneficiary, survivor, appointee, or in any other
capacity (other than joint tenant) and whether the property, benefit, or other
interest passes
pursuant to any form of title registration (other than joint tenancy),
testamentary or nontestamentary instrument, intestacy, renunciation, or any
other circumstance, unless and until a court of competent jurisdiction makes
a determination as to the effect on the deceased minor or dependent child of
the parent's neglect, failure to perform any duty of support owed to the minor
or dependent child, or willful desertion of the minor or dependent child and
allows a
reduced benefit or other interest that the parent was to receive by virtue of
the death of the minor or dependent child, as the interests of justice require.
In no event shall the reduction of the benefit or other interest be less than
the amount of child support owed to the minor or dependent child at the time of
the death of the minor or dependent child. The court's considerations in
determining the amount to be deducted from the parent's award shall include,
but not be limited to:
A determination under this Section may be made by any court of
competent jurisdiction separate and apart from any civil or criminal proceeding
arising from the duty of support owed to or desertion of the minor or dependent
child.
A petition for adjudication of an allegation under this Section must be
filed within 6 months after the date of the death of the minor or dependent
child.
The holder of any property subject to the provisions of this Section
shall not be liable for distributing, releasing, or transferring the property
to the person
who neglected, failed to perform any duty of support owed to the minor or
dependent child, or willfully deserted the minor or dependent child if the
distribution or
release occurs before a
determination has been made under this Section or if the holder of the property
has not
received written notification of the determination before the distribution or
release, accompanied by a certified copy of the determination.
If the property in question is an interest in real property, that interest
may be distributed, released, or transferred at any time by a holder of
property, the parent, or any other person or entity before a determination is
made under this Section and a certified copy of that determination is recorded
in the office of the recorder in the county in which the real property is
located. The document to be recorded must include the title of the action or
proceeding, the parties to the action or proceeding, the court in
which the action or proceeding was brought, the date of the determination, and
the legal description, permanent index number, and common address of the real
property. If a certified copy of the determination is not recorded within 6
months of the date of the determination, any subsequent recording of a
certified copy of the determination does not act to prevent the distribution,
release, or transfer of real property to any person or entity, including the
neglectful parent.

(Source: P.A. 88-631, eff. 9-9-94.)
 
(755 ILCS 5/2-6.6)
Sec. 2-6.6. Person convicted of or found civilly liable for certain offenses against the elderly or
a person with a disability.
(a) A person who is convicted of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or a person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, may not receive any property, benefit, or
other interest by reason of the death of the victim of that offense, whether as
heir, legatee, beneficiary, joint tenant, tenant by the entirety, survivor,
appointee, or in any other capacity and whether the property, benefit, or other
interest passes pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any other circumstance. Except as provided in subsection (f) of this Section, the property, benefit, or other interest shall pass as if the person convicted
of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or the person found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act,
died before the decedent; provided that with respect to joint tenancy property
or property held in tenancy by the entirety, the interest possessed prior to
the death by the person convicted or found civilly liable may not
be diminished by the application of this Section. Notwithstanding the
foregoing, a person convicted of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code of 1961 or the Criminal Code of 2012 or a person who has been found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, shall be entitled to receive property, a
benefit, or an interest in any capacity and under any circumstances described
in this Section if it is demonstrated by clear and convincing evidence that the
victim of that offense knew of the conviction or finding of civil liability and subsequent to the
conviction or finding of civil liability expressed or ratified his or her intent to transfer the property,
benefit, or interest to the person convicted of a violation of Section 12-19,
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or the person found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, in any manner contemplated
by this Section.
(b) The holder of any property subject to the provisions of this Section
is not liable for distributing or releasing the property to the person
convicted of violating Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal
Code of 1961 or the Criminal Code of 2012 or to the person found by a preponderance of the evidence to be civilly liable for financial exploitation as defined in subsection (a) of Section 2-6.2 of this Act.
(c) If the holder is a financial institution, trust company, trustee, or
similar entity or person, the holder shall not be liable for any distribution
or
release of the property, benefit, or other interest to the person convicted of
a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a, of the Criminal Code of 1961 or the Criminal Code of 2012 or person found by a preponderance of the evidence to be civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act,
unless the holder knowingly distributes or releases the property, benefit, or
other interest to the person so convicted or found civilly liable after first having received actual
written notice of the conviction or finding of civil liability in sufficient time to act upon the notice.
(d) The Illinois State Police shall have access to State of Illinois
databases containing information that may help in the identification or
location of persons convicted of or found civilly liable for the offenses enumerated in this Section.
Interagency agreements shall be implemented, consistent with security and
procedures established by the State agency and consistent with the laws
governing the confidentiality of the information in the databases. Information
shall be used only for administration of this Section.
(e) A civil action against a person for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, may be brought by an interested person, pursuant to this Section, after the death of the victim or during the lifetime of the victim if the victim is adjudicated a person with a disability. A guardian is under no duty to bring a civil action under this subsection during the ward's lifetime, but may do so if the guardian believes it is in the best interests of the ward.
(f) The court may, in its discretion, consider such facts and circumstances as it deems appropriate to allow the person convicted or found civilly liable for financial exploitation, as defined in subsection (a) of Section 2-6.2 of this Act, to receive a reduction in interest or benefit rather than no interest or benefit as stated under subsection (a) of this Section.
(Source: P.A. 102-538, eff. 8-20-21.)
 
(755 ILCS 5/2-7) (from Ch. 110 1/2, par. 2-7)
Sec. 2-7. Disclaimer.
(a) Right to Disclaim Interest in Property. A person
to whom any property or interest therein passes, by whatever means,
may disclaim the property or interest in whole or in part by delivering
or filing a written disclaimer as hereinafter provided. A disclaimer may
be of a fractional share or undivided interest, a specifically identifiable
asset, portion or amount, any limited interest or estate or any property
or interest derived through right of survivorship. A powerholder, as that term is defined in Section 103 of the Illinois Trust Code, with respect to property shall be deemed to
be a holder of an interest in such property.
The representative of a decedent or ward may disclaim on behalf of the
decedent or ward with leave of court. The court may approve the disclaimer
by a representative of a decedent if it finds that the disclaimer benefits
the estate as a whole and those interested in the estate generally even
if the disclaimer alters the distribution of the property, part or interest
disclaimed. The court may approve the disclaimer by a representative of
a ward if it finds that it benefits those interested in the estate generally
and is not materially detrimental to the interests of the ward. A disclaimer
by a representative of a decedent or ward may be made without leave of court
if a will or other instrument signed by the decedent or ward designating
the representative specifically authorizes the representative to disclaim
without court approval.
The right to disclaim granted by this Section exists irrespective of any
limitation on the interest of the disclaimant in the nature of a spendthrift
provision or similar restriction.
(b) Form of Disclaimer. The disclaimer shall (1) describe the property
or part or interest disclaimed, (2) be signed by the disclaimant or his
representative and (3) declare the disclaimer and the extent thereof.
(c) Delivery of Disclaimer. The disclaimer shall be delivered to the
transferor or donor or his representative, or to the trustee or other person
who has legal title to the property, part or interest disclaimed, or, if
none of the foregoing is readily determinable, shall be either delivered
to a person having possession of the property, part or interest or who is
entitled thereto by reason of the disclaimer, or filed or recorded as hereinafter
provided. In the case of an interest passing by reason of the death of
any person, an executed counterpart of the disclaimer may be filed with
the clerk of the circuit court in the county in which the estate of the
decedent is administered, or, if administration has not been commenced,
in which it could be commenced. If an interest in real property is disclaimed,
an executed counterpart of the disclaimer may be recorded in the office
of the recorder in the county in which the real estate lies,
or, if the title to the real estate is registered under "An Act concerning
land titles", approved May 1, 1897, as amended, may
be filed in the office of the registrar of titles of such county.
(d) Effect of Disclaimer. Unless expressly provided otherwise in an instrument
transferring the property or creating the interest disclaimed, the property,
part or interest disclaimed shall descend or be distributed (1) if a present
interest (a) in the case of a transfer by reason of the death of any person,
as if the disclaimant had predeceased the decedent; (b) in the case of a
transfer by revocable instrument or contract, as if the disclaimant had predeceased
the date the maker no longer has the power to transfer to himself or another
the entire legal and equitable ownership of the property or interest; or
(c) in the case of any other inter vivos transfer, as if the disclaimant
had predeceased the date of the transfer; and (2) if a future interest,
as if the disclaimant had predeceased the event that determines that the
taker of the property or interest has become finally ascertained and his
interest has become indefeasibly fixed both in quality and quantity; and
in each case the disclaimer shall relate back to such date for all purposes.
A disclaimer of property or an interest in property shall not preclude
any disclaimant from receiving the same property in another capacity or
from receiving other interests in the property to which the disclaimer relates.
Unless expressly provided otherwise in an instrument transferring the property
or creating the interest disclaimed, a future interest limited to take effect
at or after the termination of the estate or interest disclaimed shall accelerate
and take effect in possession and enjoyment to the same extent as if the
disclaimant had died before the date to which the disclaimer relates back.
A disclaimer made pursuant to this Section shall be irrevocable and shall
be binding upon the disclaimant and all persons claiming by, through or
under the disclaimant.
(e) Waiver and Bar. The right to disclaim property or a part thereof or
an interest therein shall be barred by (1) a judicial sale of the property,
part or interest before the disclaimer is effected; (2) an assignment, conveyance,
encumbrance, pledge, sale or other transfer of the property, part or interest,
or a contract therefor, by the disclaimant or his representative; (3) a
written waiver of the right to disclaim; or (4) an acceptance of the property,
part or interest by the disclaimant or his representative. Any person may
presume, in the absence of actual knowledge to the contrary, that a disclaimer
delivered or filed as provided in this Section is a valid disclaimer that
is not barred by the preceding provisions of this paragraph.
A written waiver of the right to disclaim may be made by any person or
his representative and an executed counterpart of a waiver of the right
to disclaim may be recorded or filed, all in the same manner as provided
in this Section with respect to a disclaimer.
In every case, acceptance must be affirmatively proved in order to constitute
a bar to a disclaimer. An acceptance of property or an interest in property
shall include the taking of possession, the acceptance of delivery or the
receipt of benefits of the property or interest; except that (1) in the
case of an interest in joint tenancy with right of survivorship such acceptance
shall extend only to the fractional share of such property or interest determined
by dividing the number one by the number of joint tenants, and (2) in the
case of a ward, such acceptance shall extend only to property actually received
by or on behalf of the ward or his representative during his minority or
incapacity. The mere lapse of time or creation of an interest, in joint
tenancy with right of survivorship or otherwise, with or without knowledge
of the interest on the part of the disclaimant, shall not constitute acceptance
for purposes of this Section.
This Section does not abridge the right of any person to assign, convey,
release, renounce or disclaim any property or interest therein arising
under any other statute or that arose under prior law.
Any interest in real or personal property that exists on or after the
effective date of this Section may be disclaimed after that date in the
manner provided herein, but no interest that has arisen prior to that date
in any person other than the disclaimant shall be destroyed or diminished
by any action of the disclaimant taken pursuant to this Section.

(Source: P.A. 100-1044, eff. 1-1-19; 101-48, eff. 1-1-20.)
 
(755 ILCS 5/2-8) (from Ch. 110 1/2, par. 2-8)
Sec. 2-8.

Renunciation of will by spouse.)
(a) If a will is renounced by the testator's surviving spouse, whether or
not the will contains any provision for the benefit of the surviving spouse,
the surviving spouse is entitled to the following share of the testator's
estate after payment of all just claims: 1/3 of the entire estate if the
testator leaves a descendant or 1/2 of the entire estate if the testator leaves
no descendant.
(b) In order to renounce a will, the testator's surviving spouse must file
in the court in which the will was admitted to probate a written instrument
signed by the surviving spouse and declaring the renunciation. The time of
filing the instrument is: (1) within 7 months after the admission of the will
to probate or (2) within such further time as may be allowed by the court if,
within 7 months after the admission of the will to probate or before the
expiration of any extended period, the surviving spouse files a petition
therefor setting forth that litigation is pending that affects the share of the
surviving spouse in the estate. The filing of the instrument is a complete bar
to any claim of the surviving spouse under the will.
(c) If a will is renounced in the manner provided by this Section, any
future interest which is to take effect in possession or enjoyment at or after
the termination of an estate or other interest given by the will to the
surviving spouse takes effect as though the surviving spouse had predeceased
the testator, unless the will expressly provides that in case of renunciation
the future interest shall not be accelerated.
(d) If a surviving spouse of the testator renounces the will and the
legacies to other persons are thereby diminished or increased in value, the
court, upon settlement of the estate, shall abate from or add to the legacies
in such a manner as to apportion the loss or advantage among the legatees in
proportion to the amount and value of their legacies.

(Source: P.A. 79-328.)
 
(755 ILCS 5/2-9) (from Ch. 110 1/2, par. 2-9)
Sec. 2-9.
Dower and Curtesy.) There is no estate of dower or curtesy.

All inchoate rights to elect
to take dower existing on January 1, 1972, are extinguished.

(Source: P.A. 80-808.)

Structure Illinois Compiled Statutes