Illinois Compiled Statutes
740 ILCS 180/2.1 (2026)
In the event that the only asset of the deceased estate is a cause of action arising under this Act, and no petition for letters of office for his or her estate has been filed, the court, upon motion of any person who would be entitled to a recovery under this Act, and after such notice to the party's heirs or legatees as the court directs, and without opening of an estate, may appoint a special administrator for the deceased party for the purpose of prosecuting or defending the action
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(740 ILCS 180/2.1)
(from Ch. 70, par. 2.1)
Sec. 2.1.
In the event that the only asset of the deceased estate is a cause
of action arising under this Act, and no petition for letters of office
for his or her estate has been filed, the court, upon motion of any
person who would be entitled to a recovery under this Act, and after such
notice to the party's heirs or legatees as the court directs,
and without opening of an estate, may appoint a special administrator for
the deceased party for the purpose of prosecuting or defending the action.
If there is more than one special administrator appointed
and one of
the administrators is a corporation qualified to act as a representative of the
estate of a
decedent and if the compensation of the attorney or attorneys representing the
special
administrators is solely determined under a contingent fee arrangement, then
upon petition and approval by the court, the
special
administrator which is a corporation shall not participate in or have any duty
to review
the prosecution of the action, to participate in or review the appropriateness
of any
settlement of the action, or to participate in or review any determination of
the
appropriateness of any fees awarded to the attorney or attorneys employed in
the prosecution of the action.
If a judgment is entered or the action is settled in favor of the special
administrator, he or she shall distribute the proceeds as provided by
law, except that if proceeds in excess of $5,000 are distributable to a
minor or person under legal disability, the court shall allow disbursements and
fees to the special administrator and his or her attorney and the balance shall
be administered and distributed under the supervision of the probate division
of the court if the circuit court has a probate division.
(Source: P.A. 92-288, eff. 8-9-01.)
Notes of Decisions
Cited in 44
cases (3 in the last 5 years), 1995–2026 · leading case: Carter v. SSC Odin Operating Co., 2012 IL 113204, 976 N.E.2d 344.
Carter v. SSC Odin Operating Co., 2012 IL 113204, 976 N.E.2d 344. “740 ILCS 180/2.1 (West 2006). Section 2.1 provides in pertinent part: “In the event that the only asset of the deceased estate is a cause of action arising under this Act, and no petition for letters of office for his or her estate has been filed, the court, upon motion of any…”
Wakulich v. Mraz, 785 N.E.2d 843 (Ill. 2003). “See 740 ILCS 180/2.1 (West 2000). At the time the trial court dismissed plaintiff's second amended complaint (the precursor to the complaint which is the subject of this appeal), the trial court indicated its agreement with defendants on this issue.”
Baez v. Rosenberg, 949 N.E.2d 250 (Ill. App. Ct. 1st Dist. 2011). “) 740 ILCS 180/2.1 (West 2008). By the very terms of the statute upon which Baez sought appointment as special administrator, the circuit court was not authorized to empower her to prosecute other causes of action in addition to the wrongful death cause of action.”
Kubian v. Alexian Bros. Med. Ctr., 651 N.E.2d 231 (Ill. App. Ct. 2d Dist. 1995). “) (740 ILCS 180/2.1 (West 1992).) Thus, by the very terms of the statute upon which she seeks appointment, the trial court was not authorized to appoint the plaintiff as a special administrator because letters of office for Frank Kubian's estate had already been filed as of…”
In re Est. of Savio, 902 N.E.2d 1113 (Ill. App. Ct. 3d Dist. 2009). “See 740 ILCS 180/2.1 (West 2006). Section 2.1 states, in pertinent part: “In the event that the only asset of the deceased estate is a cause of action arising under this Act, and no petition for letters of office for his or her estate has been filed ***.”
Green v. Chicago Bd. of Educ., 944 N.E.2d 459 (Ill. App. Ct. 1st Dist. 2011). “2 On April 14, 2009, Green filed her six-count second amended complaint seeking damages under the Wrongful Death Act (740 ILCS 180/2.1 (West 2008)) and the Survival Act (755 ILCS 5/27—6 (West 2008)) against defendants, the Board and Delilah Smith, as mother and next friend to…”
Clanton v. Oakbrook Healthcare Centre, Ltd., 2023 IL 129067, 226 N.E.3d 1266. “¶ 19 We held in Carter that, although the Wrongful Death Act describes a wrongful- death action as an “asset of the deceased estate” (740 ILCS 180/2.1 (West 2018)), -6- it is not a “true asset of the deceased’s estate” that the decedent could limit via an arbitration agreement.”
In re Est. of Mankowski, 2014 IL App (2d) 140154, 30 N.E.3d 1111. “” 740 ILCS 180/2.1 (West 2012). ¶ 43 Section 2.”
Est. of Powell v. Wunsch, P.C., 2013 IL App (1st) 121854, 989 N.E.2d 627. “n of proceeds states the following, in pertinent part: “If a judgment is entered or the action is settled in favor of the special administrator, he or she shall distribute the proceeds as provided by law, except that if proceeds in excess of $5,000 are distributable to a minor…”
Jo Lou Mio v. Alberto-Culver Co., 715 N.E.2d 309 (Ill. App. Ct. 2d Dist. 1999). “” 740 ILCS 180/2.1 (West 1996). The special administrator, as personal representative, possesses the sole right to prosecute the action.”
Cushing v. Greyhound Lines, 2012 IL App (1st) 100768. “) 740 ILCS 180/2.1 (West 2002). Thus, under the plain, unambiguous language of section 2.”
In re the Est. of Powell, 2014 IL 115997, 12 N.E.3d 14. “” 740 ILCS 180/2.1 (West 2012). ¶ 19 This court’s prior decisions in DeLuna and Carter are helpful to our determination of the scope of an attorney’s duty in a wrongful death action.”
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