Illinois Compiled Statutes
735 ILCS 5/13-221 (2026)
Contract to make will
✓ current as of May 2026
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(735 ILCS 5/13-221)
(from Ch. 110, par. 13-221)
Sec. 13-221.
Contract to make will.
An action against
the representative,
heirs
and legatees of a deceased person to enforce a contract to
make a will, shall be commenced within 2 years after the death of the
deceased person unless letters of office are
applied for on his or her estate within 2 years after his or her death
and the representative has complied with the provisions of Section 18-3
of the Probate Act of 1975, as amended, in regard to the giving of notice
to creditors, in which
case the action shall be commenced within and not after the time for
presenting a claim against the estate of a
deceased person as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2023–2023 · leading case: In re Est. of Spitler, 2023 IL App (5th) 220361-U.
In re Est. of Spitler, 2023 IL App (5th) 220361-U. “ct in the probate proceedings within two years of the statute of limitations (fourth affirmative defense), as set forth in section 18-12(b) of the Probate Act (755 ILCS 5/18-12(b) (West 2020)), and also failed to file an action to enforce a contract to make a will within two…”
In re Est. of Spitler, 2023 IL App (5th) 220361-U. “The Aldrich respondents also asserted that the Chapman respondents failed to file an action to enforce a contract to make a will within two years after Maxine’s death as set forth in section 13- 221 of the Code (735 ILCS 5/13-221 (West 2020)). ¶ 21 On December 7, 2021, the trial…”
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