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Illinois Compiled Statutes

735 ILCS 5/2-1008 (2026)

Abatement; change of interest or liability; substitution of parties

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(735 ILCS 5/2-1008) (from Ch. 110, par. 2-1008)
    Sec. 2-1008. Abatement; change of interest or liability; substitution of parties.
    (a) Change of interest or liability. If by reason of marriage, bankruptcy, assignment, or any other event occurring after the commencement of a cause or proceeding, either before or after judgment, causing a change or transmission of interest or liability, or by reason of any person interested coming into existence after commencement of the action, it becomes necessary or desirable that any person not already a party be before the court, or that any person already a party be made party in another capacity, the action does not abate, but on motion an order may be entered that the proper parties be substituted or added, and that the cause or proceeding be carried on with the remaining parties and new parties, with or without a change in the title of the cause.
    (b) Death. If a party to an action dies and the action is one which survives, the proper party or parties may be substituted by order of court upon motion as follows:
        (1) If no petition for letters of office for the
    
decedent's estate has been filed, the court may appoint a special representative for the deceased for the purpose of prosecuting the action. The appointment shall be on verified motion of any party who appears entitled to participate in the deceased's estate, reciting the names and last known addresses of all known heirs and the legatees and executor named in any will that has been filed. The court's determination that a person appears entitled to participate in the deceased's estate shall be solely for purposes of this Section and not determinative of rights in final disposition. Within 90 days after appointment, the special representative shall notify the heirs and legatees of the following information by mail: that an appointment has been made, the court in which the case was filed, the caption of the case, and a description of the nature of the case. The special representative shall publish notice to unknown heirs and legatees as provided in the Probate Act of 1975. If a will is filed within 90 days after the appointment of the special representative, the same notice shall be given to any additional executors and legatees named in the will. At any time that an estate is opened with a representative other than the special representative, the court may upon motion substitute the representative for the special representative. In this case, the court shall allow disbursements and fees of the special representative and his or her attorney as a claim against any proceeds received. The proceeds of any judgment or settlement shall be distributed under the provisions of the Probate Act of 1975. This paragraph (1) does not apply to actions pending under the Wrongful Death Act.
        (2) If a person against whom an action has been
    
brought dies, and the cause of action survives and is not otherwise barred, his or her personal representative shall be substituted as a party. If no petition has been filed for letters of office for the deceased's estate, the court, upon the motion of a person bringing an action and after the notice to the party's heirs or legatees as the court directs and without opening an estate, may appoint a special representative for the deceased party for the purposes of defending the action. If a party elects to have a special representative appointed under this paragraph (2), the recovery shall be limited to the proceeds of any liability insurance protecting the estate and shall not bar the estate from enforcing any claims that might have been available to it as counterclaims.
    If a motion to substitute is not filed within 90 days after the death is suggested of record, the action may be dismissed as to the deceased party.
    In the event of the death of a party in an action in which the right sought to be enforced survives only as to the remaining parties to the action, the action does not abate. The death shall be suggested of record and the action shall proceed in favor of or against the remaining parties.
    No action brought for the use of another abates by reason of the death of the plaintiff whose name is used but may be maintained by the party for whose use it was brought in his or her own name upon suggesting the death of record and the entry of an order of substitution.
    (c) Legal disability. If a party is declared to be a person under legal disability, that fact shall be suggested of record and the prosecution or defense shall be maintained by his or her representative, guardian ad litem or next friend, as may be appropriate.
    (d) Trustees; public officers. If any trustee or any public officer ceases to hold the trust or office and that fact is suggested of record, the action shall proceed in favor of or against his or her successor.
    (e) Service of process. Parties against whom relief is sought, substituted under subsection (a) hereof, shall be brought in by service of process. Service of process on parties substituted under subsections (b), (c), and (d) hereof is not required, but notice shall be given as the court may direct.
(Source: P.A. 90-111, eff. 7-14-97.)

    
Notes of Decisions
Cited in 115 cases (36 in the last 5 years), 1993–2026 · leading case: Mohica v. Cvejin, 2013 IL App (1st) 111695, 990 N.E.2d 720.
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Mohica v. Cvejin, 2013 IL App (1st) 111695, 990 N.E.2d 720. · cites it 4× “¶ 36 Although the circuit court had discretion to grant or deny the motion for substitution, the language of the statute further provides that “[t]he appointment shall be on verified motion of any party who appears entitled to participate in the deceased’s estate, reciting the…”
Relf v. Shatayeva, 2013 IL 114925, 998 N.E.2d 18. · cites it 4× “Accordingly, we believe that section 2-1008(b) of the Code of Civil Procedure (735 ILCS 5/2-1008(b) (West 2010)) supports our interpretation of section 13-209(c).”
Relf v. Shatayeva, 2013 IL 114925. · cites it 5× “¶ 37 That “personal representative” as used in section 13-209 was intended by the legislature to refer specifically to individuals appointed to settle and distribute a decedent’s estate pursuant to a petition for issuance of letters of office is also consistent with how the term…”
Morr-Fitz, Inc. v. Blagojevich, 901 N.E.2d 373 (Ill. 2008). “Fernando Grillo, formerly the secretary of the Department, has been succeeded by Dean Martinez, the current secretary.”
Kociscak v. Kelly, 2011 IL App (1st) 102811, 962 N.E.2d 1062. · cites it 3× “” 735 ILCS 5/2-1008 (West 2008). Decedent’s attorney’s motion and the subsequent order entered by the circuit court referred to Kelly as the “administrator and personal representative.”
Cahokia Unit Sch. Dist. No. 187 v. Pritzker, 2021 IL 126212, 184 N.E.3d 233. “Pritzker, has been substituted as a defendant pursuant to section 2-1008(d) of the Code of Civil Procedure (735 ILCS 5/2-1008(d) (West 2018)). -2- and expansion of the learning standards included the 2010 adoption of the Common Core State Standards for English, language arts,…”
Maddux v. Blagojevich, 911 N.E.2d 979 (Ill. 2009). “Pursuant to section 2-1008(d) of the Code of Civil Procedure (735 ILCS 5/2-1008(d) (West 2006)), plaintiffs' action now proceeds against Governor Quinn.”
Best Buy Stores, L.P. v. Dep't of Revenue, 2020 IL App (1st) 191680, 159 N.E.3d 937. “See 735 ILCS 5/2-1008(d) (West 2020). No. 1-19-1680 Department (Director); and Michael Frerichs, the Treasurer of the State of Illinois.”
Wolinsky v. Kadison, 2013 IL App (1st) 111186, 987 N.E.2d 971. “” 735 ILCS 5/2-1008(b)(2) (West 2006). ¶ 83 Attorneys for the deceased defendants point out that in 2004, in Wolinsky II, this court noted that all five of the individual defendants were deceased.”
Seifert v. Sneckenberg Thompson & Brody, LLP, 2022 IL App (1st) 200966, 204 N.E.3d 892. · cites it 2× “STB asserts that under section 2-1008(b) of the Code of Civil Procedure (735 ILCS 5/2-1008(b) (West 2018)), the Duffy Trust had 90 days after Robert’s death was suggested of record to file its motion to substitute.”
Sanders v. Illinois Union Ins. Co., 2019 IL 124565, 157 N.E.3d 463. “¶ 14 In November 2016, under section 2-1008(a) of the Code of Civil Procedure (735 ILCS 5/2-1008(a) (West 2016)), the circuit court substituted Sanders as a plaintiff in this action.”
People v. Dobbins, 2024 IL App (1st) 230566, 253 N.E.3d 506. · cites it 3× “See 735 ILCS 5/2-1008(b) (West 2022). ¶8 The State objected to the substitution, relying on this court’s earlier decision in Rudy v.”
Show all 115 citing cases →
735 ILCS 5/2-1008(a): 14 cases
Sanders v. Illinois Union Ins. Co., 2019 IL 124565, 157 N.E.3d 463. “¶ 14 In November 2016, under section 2-1008(a) of the Code of Civil Procedure (735 ILCS 5/2-1008(a) (West 2016)), the circuit court substituted Sanders as a plaintiff in this action.”
Sewickley v. Chicago Title Land Trust Co., 2012 IL App (1st) 112977, 974 N.E.2d 397.
Castaneda v. Ingram, 2018 IL App (1st) 170065, 102 N.E.3d 777.
Bayview Loan Servicing, LLC v. Cornejo, 2015 IL App (3d) 140412, 39 N.E.3d 68.
Bayview Loan Servicing, LLC v. Cornejo, 2015 IL App (3d) 140412.
735 ILCS 5/2-1008(b): 27 cases
Mohica v. Cvejin, 2013 IL App (1st) 111695, 990 N.E.2d 720. “¶ 36 Although the circuit court had discretion to grant or deny the motion for substitution, the language of the statute further provides that “[t]he appointment shall be on verified motion of any party who appears entitled to participate in the deceased’s estate, reciting the…”
Relf v. Shatayeva, 2013 IL 114925, 998 N.E.2d 18. “Accordingly, we believe that section 2-1008(b) of the Code of Civil Procedure (735 ILCS 5/2-1008(b) (West 2010)) supports our interpretation of section 13-209(c).”
Relf v. Shatayeva, 2013 IL 114925. “¶ 37 That “personal representative” as used in section 13-209 was intended by the legislature to refer specifically to individuals appointed to settle and distribute a decedent’s estate pursuant to a petition for issuance of letters of office is also consistent with how the term…”
Seifert v. Sneckenberg Thompson & Brody, LLP, 2022 IL App (1st) 200966, 204 N.E.3d 892. “STB asserts that under section 2-1008(b) of the Code of Civil Procedure (735 ILCS 5/2-1008(b) (West 2018)), the Duffy Trust had 90 days after Robert’s death was suggested of record to file its motion to substitute.”
People v. Dobbins, 2024 IL App (1st) 230566, 253 N.E.3d 506. “See 735 ILCS 5/2-1008(b) (West 2022). ¶8 The State objected to the substitution, relying on this court’s earlier decision in Rudy v.”
735 ILCS 5/2-1008(b)(1): 7 cases
Relf v. Shatayeva, 2013 IL 114925, 998 N.E.2d 18. “Accordingly, we believe that section 2-1008(b) of the Code of Civil Procedure (735 ILCS 5/2-1008(b) (West 2010)) supports our interpretation of section 13-209(c).”
Buck v. Charletta, 2013 IL App (1st) 122144, 994 N.E.2d 61.
Relf v. Shatayeva, 2013 IL 114925. “¶ 37 That “personal representative” as used in section 13-209 was intended by the legislature to refer specifically to individuals appointed to settle and distribute a decedent’s estate pursuant to a petition for issuance of letters of office is also consistent with how the term…”
Nicholas G v. Endeavor Health Clinical Operations, 2026 IL App (2d) 250425-U.
Stangarone v. Endeavor Health Clinical Operations, 2026 IL App (2d) 250425-U.
735 ILCS 5/2-1008(b)(2): 13 cases
Wolinsky v. Kadison, 2013 IL App (1st) 111186, 987 N.E.2d 971. “” 735 ILCS 5/2-1008(b)(2) (West 2006). ¶ 83 Attorneys for the deceased defendants point out that in 2004, in Wolinsky II, this court noted that all five of the individual defendants were deceased.”
Relf v. Shatayeva, 2013 IL 114925. “¶ 37 That “personal representative” as used in section 13-209 was intended by the legislature to refer specifically to individuals appointed to settle and distribute a decedent’s estate pursuant to a petition for issuance of letters of office is also consistent with how the term…”
Wells Fargo Bank, N.A. v. Simpson, 2015 IL App (1st) 142925.
Wells Fargo Bank, N.A. v. Simpson, 2015 IL App (1st) 142925, 36 N.E.3d 266.
Tucker v. Mitchell-Lawshea, No. 1:17-cv-05883, 2019 WL 1057384 (N.D. Ill. Mar. 6, 2019).
735 ILCS 5/2-1008(c): 4 cases
People v. Delores W., 862 N.E.2d 589 (Ill. App. Ct. 1st Dist. 2006).
State Farm Mut. Auto. Ins. Co. v. Plough, 2017 IL App (2d) 160307, 81 N.E.3d 601.
State Farm Mut. Auto. Ins. Co. v. Plough, 2017 IL App (2d) 160307.
In re Mark w., a Minor, No. 1-05-3370 Rel (Ill. App. Ct. 1st Dist. Dec. 29, 2006).
735 ILCS 5/2-1008(d): 54 cases
Morr-Fitz, Inc. v. Blagojevich, 901 N.E.2d 373 (Ill. 2008). “Fernando Grillo, formerly the secretary of the Department, has been succeeded by Dean Martinez, the current secretary.”
Cahokia Unit Sch. Dist. No. 187 v. Pritzker, 2021 IL 126212, 184 N.E.3d 233. “Pritzker, has been substituted as a defendant pursuant to section 2-1008(d) of the Code of Civil Procedure (735 ILCS 5/2-1008(d) (West 2018)). -2- and expansion of the learning standards included the 2010 adoption of the Common Core State Standards for English, language arts,…”
Maddux v. Blagojevich, 911 N.E.2d 979 (Ill. 2009). “Pursuant to section 2-1008(d) of the Code of Civil Procedure (735 ILCS 5/2-1008(d) (West 2006)), plaintiffs' action now proceeds against Governor Quinn.”
Best Buy Stores, L.P. v. Dep't of Revenue, 2020 IL App (1st) 191680, 159 N.E.3d 937. “See 735 ILCS 5/2-1008(d) (West 2020). No. 1-19-1680 Department (Director); and Michael Frerichs, the Treasurer of the State of Illinois.”
Oswald v. Hamer, 2018 IL 122203, 115 N.E.3d 181.
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