Illinois Compiled Statutes 755 ILCS 5/18-12 – Limitations on payment of claims
Current as of: 2024 | Check for updates
|
Other versions
(a) Every claim against the estate of a decedent, except expenses of administration and surviving spouse‘s or child’s award, is barred as to all of the decedent’s estate if:
(1) Notice is given to the claimant as provided in
(1) Notice is given to the claimant as provided in
|
Section 18-3 and the claimant does not file a claim with the representative or the court on or before the date stated in the notice; or
|
(2) Notice of disallowance is given to the claimant
|
as provided in Section 18-11 and the claimant does not file a claim with the court on or before the date stated in the notice; or
|
(3) The claimant or the claimant’s address is not
|
known to or reasonably ascertainable by the representative and the claimant does not file a claim with the representative or the court on or before the date stated in the published notice as provided in Section 18-3.
|
(b) Unless sooner barred under subsection (a) of this Section, all claims which could have been barred under this Section are, in any event, barred 2 years after decedent’s death, whether or not letters of office are issued upon the estate of the decedent.
(c) This Section does not bar actions to establish liability of the decedent to the extent the estate is protected by liability insurance.
(d) Except with respect to a claimant whose claim is known to the representative and is not paid or otherwise barred under this Section, a representative who acts in good faith to determine and give notice to creditors of a decedent, as provided in Section 18-3, is not personally liable to a creditor of a decedent, but any claim not barred under this Section may be asserted against (1) the estate, to the extent that assets have not been distributed, and (2) a distributee of the estate (other than a creditor), but only to the extent that the distributee’s share of the estate will not, in effect, be diminished below what the distributee would have received had the claim been paid by the representative.
Terms Used In Illinois Compiled Statutes 755 ILCS 5/18-12
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Surviving spouse: means "widow" or "widower" as the case may be. See Illinois Compiled Statutes 5 ILCS 70/1.32
(c) This Section does not bar actions to establish liability of the decedent to the extent the estate is protected by liability insurance.
(d) Except with respect to a claimant whose claim is known to the representative and is not paid or otherwise barred under this Section, a representative who acts in good faith to determine and give notice to creditors of a decedent, as provided in Section 18-3, is not personally liable to a creditor of a decedent, but any claim not barred under this Section may be asserted against (1) the estate, to the extent that assets have not been distributed, and (2) a distributee of the estate (other than a creditor), but only to the extent that the distributee’s share of the estate will not, in effect, be diminished below what the distributee would have received had the claim been paid by the representative.