Illinois Compiled Statutes
755 ILCS 5/12-2 (2026)
Individual representative; oath and bond
✓ current as of May 2026
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(755 ILCS 5/12-2)
(from Ch. 110 1/2, par. 12-2)
Sec. 12-2. Individual representative; oath and bond.
(a) Except as provided in subsection (b), before undertaking the
representative's duties, every individual representative shall take and file an
oath or affirmation that the individual will faithfully discharge the duties of
the office of the representative according to law and shall file in and have
approved by the court a bond binding the individual representative so to do.
The court may waive the filing of a bond of a representative of the person of a
ward or of a standby guardian of a minor or person with a disability.
(b) Where bond or security is excused by the will or as provided in
subsection (b) of Section 12-4, the bond of the representative in the
amount from time to time required under this Article shall be in full force
and effect without writing, unless the court requires the filing of a written
bond.
(Source: P.A. 99-143, eff. 7-27-15.)
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2004–2024 · leading case: Johnson v. State Farm Fire & Cas. Co., 806 N.E.2d 223 (Ill. App. Ct. 2004).
Johnson v. State Farm Fire & Cas. Co., 806 N.E.2d 223 (Ill. App. Ct. 2004). “As plaintiff alleged, he was appointed the coexecutor of the estate and was required by law to file a surety bond (755 ILCS 5/12-2 (West 2000)). Plaintiff signed the indemnity agreement with Safeco so that Safeco would become the corporate surety on the bond (755 ILCS 5/12-3…”
In re Est. of Tait, 2017 IL App (3d) 150834 (Ill. App. Ct. 2017). “See 755 ILCS 5/12-2(a) (West 2004) (“The court may waive the filing of a bond of a representative of the person of a ward or of a standby guardian of a minor or disabled person.”
In re Est. of Anderson, 2024 IL App (4th) 230248-U (Ill. App. Ct. 2024). “755 ILCS 5/12-2(a) (West 2022.) If the appointed guardian fails to undertake these steps, or if the appointed guardian simply declines to serve, the guardianship appointment fails, but the adjudication of disability is unaffected.”
Johnson v. State Farm Fire & Cas. Co. (Ill. App. Ct. 2004). “As plaintiff alleged, he was appointed the coexecutor of the estate and was required by law to file a surety bond (755 ILCS 5/12-2 (West 2000)). Plaintiff signed the indemnity agreement with Safeco so that Safeco would become the corporate surety on the bond (755 ILCS 5/12-3…”
— 755 ILCS 5/12-2(a) — 2 cases
In re Est. of Tait, 2017 IL App (3d) 150834 (Ill. App. Ct. 2017). “See 755 ILCS 5/12-2(a) (West 2004) (“The court may waive the filing of a bond of a representative of the person of a ward or of a standby guardian of a minor or disabled person.”
In re Est. of Anderson, 2024 IL App (4th) 230248-U (Ill. App. Ct. 2024). “755 ILCS 5/12-2(a) (West 2022.) If the appointed guardian fails to undertake these steps, or if the appointed guardian simply declines to serve, the guardianship appointment fails, but the adjudication of disability is unaffected.”
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