ILCS » Chapter 755 · Act 5
Illinois Compiled Statutes

755 ILCS 5/1-6 (2026)

Civil Practice Law applies

✓ current as of May 2026
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(755 ILCS 5/1-6) (from Ch. 110 1/2, par. 1-6)
    Sec. 1-6. Civil Practice Law applies.) The Civil Practice Law and all existing and future amendments and modifications thereof and the Supreme Court Rules now or hereafter adopted in relation to that Law shall apply to all proceedings under this Act, except as otherwise provided in this Act. Paragraph (g) of Section 2-1301 of the Code of Civil Procedure, and all existing and future amendments and modifications of paragraph (g) do not apply to proceedings under Sections 20-3, 20-4 and 22-4 of this Act for the sale or mortgage of real estate or an interest therein.
(Source: P.A. 82-783.)

    
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 2008–2026 · leading case: In re Est. of Denten, 2012 IL App (2d) 110814 (Ill. App. Ct. 2012).
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In re Est. of Denten, 2012 IL App (2d) 110814 (Ill. App. Ct. 2012). · cites it 2× “” 755 ILCS 5/1-6 (West 2010). ¶ 27 Section 12-103 of the Code of Civil Procedure provides: “§ 12-103.”
Craig v. Zink, 2016 IL App (4th) 150939 (Ill. App. Ct. 2016). · cites it 2× “Zink argued, because the Probate Act mandated the Civil Code to apply to all proceedings under the Probate Act unless otherwise provided (755 ILCS 5/1-6 (West 2014)), and the Probate Act was silent as to the nature or form of an affirmative defense or counterclaim, the Estate…”
Craig v. Zink, 2016 IL App (4th) 150939 (Ill. App. Ct. 2016). · cites it 3× “Zink argued, because the Probate Act mandated the Civil Code to apply to all proceedings under the Probate Act unless otherwise provided (755 ILCS 5/1-6 (West 2014)), and the Probate Act was silent as to the nature or form of an affirmative defense or counterclaim, the Estate…”
In Re Est. of Lieberman, 909 N.E.2d 915 (Ill. App. Ct. 2009). “2d 1048 (2006); see 755 ILCS 5/1-6 (West 2006) (Code applies to proceedings under the Probate Act).”
In re Engle, 2026 IL App (3d) 250286-U (Ill. App. Ct. 2026). “755 ILCS 5/1-6 (West 2024). Under the rules of civil procedure, the trial court may exercise its discretion to continue a matter for the “doing of any act or the taking of any step” prior to rendering a decision.”
In re Est. of Hoch (Ill. App. Ct. 2008). “755 ILCS 5/1-6 (West 2006). However, the provisions cited by Girardin do not mandate application of the Probate Act under the present circumstances.”
In re Est. of Michalak (Ill. App. Ct. 2010). “755 ILCS 5/1-6 (West 2008); In re Estate of Barth, 181 Ill.”
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