ILCS » Chapter 755 · Act 5
Illinois Compiled Statutes

755 ILCS 5/1-2.11 (2026)

"Interested person" in relation to any particular action, power or proceeding under this Act means one who has or represents a financial interest, property right or fiduciary status at the time of reference which may be affected by the action, power or proceeding involved, including without limitation an heir, legatee, creditor, person entitled to a spouse's or child's award and the representative

✓ current as of May 2026
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(755 ILCS 5/1-2.11) (from Ch. 110 1/2, par. 1-2.11)
    Sec. 1-2.11. "Interested person" in relation to any particular action, power or proceeding under this Act means one who has or represents a financial interest, property right or fiduciary status at the time of reference which may be affected by the action, power or proceeding involved, including without limitation an heir, legatee, creditor, person entitled to a spouse's or child's award and the representative. Whenever any provision of this Act requires notice or accounting to or action by an interested person, including without limitation Sections 24-2 and 28-11 of this Act, and a trustee of a trust is an interested person, no notice or accounting to or action by a beneficiary of the trust in his capacity as beneficiary shall be required. When a ward would be an interested person but a personal fiduciary is then acting for him pursuant to Section 28-3, the personal fiduciary is the interested person instead of the ward, but any notice required to be given to the ward under this Act shall be given to both the personal fiduciary and the ward. This definition also applies to the following terms: "interested party", "person (or party) interested" and "person (or party) in interest".
(Source: P.A. 85-994.)

    
Notes of Decisions
Cited in 31 cases (11 in the last 5 years), 2002–2026 · leading case: State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020).
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State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2020 IL 124754 (Ill. 2020). “” 755 ILCS 5/1-2.11 (West 2016). But the question of who can sue as an interested person in probate proceedings has no bearing on who can file a qui tam action under the Act, and the two statutes have different legislative purposes.”
In Re Est. of Gagliardo, 908 N.E.2d 1056 (Ill. App. Ct. 2009). · cites it 3× “11 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/1-2.11 (West 2002)). An interested person or party is one with a financial interest, including a creditor that may be affected by a probate proceeding.”
In re Est. of John Schumann, 2016 IL App (4th) 150844 (Ill. App. Ct. 2017). · cites it 3× “) 755 ILCS 5/1-2.11 (West 2014). ¶ 20 C. Case Law Prior to Schlenker Concerning Standing of Legatees ¶ 21 Until recently, Illinois courts were in agreement that a legatee under a previously executed will could file a petition to contest a subsequent will so long as the legatee…”
In re S.F., 2020 IL App (2d) 190248 (Ill. App. Ct. 2020). “) 755 ILCS 5/1-2.11 (West 2016). See Friends for Murray Center Inc.”
In re Est. of John Schumann, 2016 IL App (4th) 150844 (Ill. App. Ct. 2016). · cites it 2× “2d at 1001 ; 755 ILCS 5/1-2.11 (West 2002). The court interpreted that language to mean that “one’s status as an heir is sufficient, in itself, to confer standing to contest a will’s validity.”
In Re Est. of Maierhofer, 767 N.E.2d 850 (Ill. App. Ct. 2002). “See 755 ILCS 5/1-2.11 (West 1998). Thus, even if James lacked authority as executor to petition the court for possession, he had authority to do so as an "interested person" under the Act.”
Friends for Murray Ctr. Inc. v. The Dep't of Human Servs., 2014 IL App (5th) 130481 (Ill. App. Ct. 2014). “) 755 ILCS 5/1-2.11 (West 2010). ¶ 19 Respondents insist that this definition is narrow, and petitioners do not meet the criteria necessary to be an “interested person” because they do not have or represent any financial interest, property right, or fiduciary status in the OSG…”
In re Est. of Denten, 2012 IL App (2d) 110814 (Ill. App. Ct. 2012). “5 755 ILCS 5/1-2.11 (West 2010). -6- Code of Civil Procedure, but it is limited to article II of that Code.”
State ex rel. Leibowitz v. Fam. Vision Care, LLC, 2019 IL App (1st) 180697 (Ill. App. Ct. 2019). “” 755 ILCS 5/1-2.11 (West 2016). But the question of who can sue as an interested person in probate proceedings has no bearing on who can be a relator in an Act qui tam action.”
Kelton v. Miller (In Re Est. of Lay), 2018 IL App (3d) 170378 (Ill. App. Ct. 2018). “" *853 *408 755 ILCS 5/1-2.11 (West 2016). Reduced to its essence, Kelton has standing in this case if she has something financial to gain if she prevails in the will contest or to lose if she does not.”
State of Illinois ex rel. Leibowitz v. Fam. Vision Care, LLC, 2019 IL App (1st) 180697 (Ill. App. Ct. 2019). “" 755 ILCS 5/1-2.11 (West 2016). But the question of who can sue as an interested person in probate proceedings has no bearing on who can be a relator in an Act qui tam action.”
In re Est. of Lay, 2018 IL App (3d) 170378 (Ill. App. Ct. 2019). “” 755 ILCS 5/1-2.11 (West 2016). Reduced to its essence, Kelton has standing in this case if she has something financial to gain if she prevails in the will contest or to lose if she does not.”
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