Illinois Compiled Statutes
305 ILCS 5/3-9 (2026)
Claim against the estate of a deceased recipient
✓ current as of May 2026
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(305 ILCS 5/3-9)
(from Ch. 23, par. 3-9)
Sec. 3-9.
Claim against the estate of a deceased recipient.
On the death of a person who has been a recipient, the total amount paid
under this Article shall be filed and allowed as a claim against that person's
estate or as a claim against the estate of that person's surviving spouse.
No claim of the State, however, shall be enforced against any real
estate while it is occupied as a homestead by the recipient's surviving
spouse, or a relative of the recipient as defined by the rules and
regulations of the Illinois Department, if no claims by other creditors
have been filed against the estate, or, if such claims have been filed,
they remain dormant for failure of prosecution or failure of the claimant
to compel administration of the estate for the purpose of payment.
"Homestead", as used in this Section, means the dwelling house and
contiguous real estate occupied by a surviving spouse, or defined relative
of the recipient, regardless of the value of the property.
The transfer of money, personal property or other personal assets, or
any interest therein, by a present or former recipient into a joint tenancy
account in a bank or other institution or depository shall be prima facie
evidence of an intent to defeat the claim against his estate. The transfer
may be voided in an appropriate legal action, or the Illinois Department
may consider the recipient's interest in the joint tenancy account as an
asset of his estate for the purpose of the claim provided by this Section.
The Illinois Department may, by rule, defer or waive the enforcement of
its claim hereunder if the deceased recipient is survived by a dependent
spouse and minor child or children, or if rehabilitative training for
employment or other means of self-support for the surviving spouse or
children is feasible and the deferment or waiver of the claim would
facilitate achievement of self-support status and prevent or reduce the
likelihood of return to dependency upon public aid.
The estate claim herein provided is in addition to the lien claim
established in Section 3-10.
(Source: P.A. 88-85.)
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2021 · leading case: In re Est. of Ries, 2021 IL App (2d) 191027 (Ill. App. Ct. 2021).
In re Est. of Ries, 2021 IL App (2d) 191027 (Ill. App. Ct. 2021). “§ 1396p(b) (West 2018)), as did the Code (305 ILCS 5/3-9, 5-13 (West 2018)). ¶ 16 On October 28, 2019, the court denied the motion to reconsider.”
In re Est. of Ries, 2021 IL App (2d) 191027 (Ill. App. Ct. 2021). “§ 1396p(b) (2018)), as did the Code (305 ILCS 5/3-9, 5-13 (West 2018)). ¶ 16 On October 28, 2019, the court denied the motion to reconsider.”
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