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Illinois Compiled Statutes

755 ILCS 5/1-1 (2026)

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✓ current as of May 2026
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(755 ILCS 5/1-1) (from Ch. 110 1/2, par. 1-1)
    Sec. 1-1. Title.) This Act may be cited as the Probate Act of 1975.
(Source: P.A. 79-328.)

    
Notes of Decisions
Cited in 108 cases (26 in the last 5 years), 1994–2026 · leading case: In re M.M., 2016 IL 119932 (Ill. 2016).
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In re M.M., 2016 IL 119932 (Ill. 2016). “, this court held that our Probate Act of 1975 (755 ILCS 5/1-1 et seq. (West 2004)) was constitutional under Troxel: “By allowing a guardianship petition to proceed to a hearing on the merits over the wishes of a parent only when the parent has been established to be unwilling…”
In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006). “When Funk died, Printy, acting in her capacity as executor, retained attorney David Cherry to assist her in performing the responsibilities imposed on her by the Probate Act of 1975 (755 ILCS 5/1-1 et seq. (West 2004)). One of those responsibilities was to prepare and present to…”
Arangold Corp. v. Zehnder, 718 N.E.2d 191 (Ill. 1999). “(West 1996)), the Probate Act of 1975 (755 ILCS 5/1-1 et seq. (West 1996)), and the Unemployment Insurance Act (820 ILCS 405/100 et seq.”
In re the Est. of Powell, 2014 IL 115997 (Ill. 2014). “Rather, amounts recovered in a wrongful death action are not subject to the provisions of the Probate Act of 1975 (755 ILCS 5/1-1 et seq. (West 2012)) but are distributed to the decedent’s surviving spouse and next of kin per their degree of dependency.”
In re J.S., 2020 IL App (1st) 191119 (Ill. App. Ct. 2021). “(West 2018)), the Probate Act of 1975 (755 ILCS 5/1-1 et seq. (West 2018)), or the Adoption Act (750 ILCS 50/0.”
In re Est. of Boyar, 2013 IL 113655 (Ill. 2013). “¶ 15 After Robert filed his petition challenging the validity of the amendment naming Dixon as trustee, Dixon, purporting to act in his capacity as trustee, filed a petition pursuant to the Probate Act of 1975 (755 ILCS 5/1-1 et seq. (West 2010)) requesting issuance of a…”
In re M.M., 2016 IL 119932 (Ill. 2017). “, this court held that our Probate Act of 1975 (755 ILCS 5/1-1 et seq. (West 2004)) was constitutional under Troxel: “By allowing a guardianship petition to proceed to a hearing on the merits over the wishes of a parent only when the parent has been established to be unwilling…”
People v. Delores W., 862 N.E.2d 589 (Ill. App. Ct. 2006). · cites it 2× “755 ILCS 5/1-1 et seq. (West 1998). Section 11a-10 provides that "[u]pon the filing of a petition, pursuant to section 11a-8" of the Probate Act, "[t]he court shall appoint a[GAL] to report to the court concerning the respondent's best interests consistent with the provisions of…”
In Re Est. of Wallen, 633 N.E.2d 1350 (Ill. App. Ct. 1994). “We therefore reverse the trial court's denial of the equitable claim against the estate and remand the cause for further proceedings, including a new evidentiary hearing, so as to permit claimant to enforce its claim under any procedure consistent with the Probate Act of 1975…”
Relf v. Shatayeva, 2013 IL 114925 (Ill. 2013). “In the case of executors, these are letters testamentary.”
In re S.F., 2020 IL App (2d) 190248 (Ill. App. Ct. 2020). “, had standing under the Probate Act of 1975 (Act) (755 ILCS 5/1-1 et seq. (West 2016)) to bring their motion to remove respondent as plenary guardian of S.”
In re Est. of McDonald, 2022 IL 126956 (Ill. 2022). “¶ 11 Based on the above information, the guardianship court found that John was a disabled person in need of guardianship, as defined in the Probate Act of 1975 (Probate Act) (755 ILCS 5/1-1 et seq. (West 2016)), and appointed Shawn as John’s plenary guardian.”
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