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91_HB3787
LRB9112407DJtm
1 AN ACT in relation to probate.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Probate Act of 1975 is amended by
5 changing Section 18-1 as follows:
6 (755 ILCS 5/18-1) (from Ch. 110 1/2, par. 18-1)
7 Sec. 18-1. Filing of claims; mailing or delivery of
8 copies).
9 (a) A claim against the estate of a decedent or ward,
10 whether based on contract, tort, statutory custodial claim or
11 otherwise, may be filed with the representative or the court
12 or both. When a claim is filed with the representative but
13 not with the court, the representative may file the claim
14 with the court but has no duty to do so.
15 (b) Within 10 days after a claimant files his or her
16 claim with the court, the claimant (1) shall cause a copy of
17 the claim to be mailed or delivered to each representative to
18 whom letters of office have been issued and not revoked,
19 including the guardian of the person of a ward and to the
20 representative's attorney of record, unless the
21 representative or the attorney has in writing either
22 consented to allowance of the claim or waived mailing or
23 delivery of a copy, and (2) shall file with the court proof
24 of any required mailing or delivery of copies. Failure to
25 mail or deliver copies of the claim or to file proof thereof
26 does not affect the validity of the claim filing under
27 subsection (a) 18-1(a).
28 (Source: P.A. 89-396, eff. 8-20-95.)