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Illinois Compiled Statutes

755 ILCS 5/12-5 (2026)

Amount of bond

✓ current as of May 2026
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(755 ILCS 5/12-5) (from Ch. 110 1/2, par. 12-5)
    Sec. 12-5. Amount of bond.) (a) The bond of a representative shall be for an amount not less than double the value of the personal estate if individuals act as sureties or if bond or security is excused, and not less than 1 1/2 times the value of the personal estate if a surety company acts as surety. If the representative takes possession of the decedent's or ward's real estate, the bond shall be for such additional amount as the court determines, having regard to the income from the real estate.
    (b) For the purpose of fixing the amount of the bond, a cause of action for wrongful death of the decedent or for personal injury to the ward is considered of the value of $500, but unless excused by the court from doing so, it is the duty of the representative to file in and have approved by the court a bond for an amount not less than double the amount likely to come into his hands as the proceeds of the judgment or settlement if individuals act as sureties and not less than 1 1/2 times the amount likely to come into his hands as the proceeds of the judgment or settlement if a surety company acts as surety.
(Source: P.A. 84-555; 84-690.)

    
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2015–2024 · leading case: Saunders v. Symphony Beverly, LLC., 2024 IL App (1st) 230996-U (Ill. App. Ct. 2024).
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Saunders v. Symphony Beverly, LLC., 2024 IL App (1st) 230996-U (Ill. App. Ct. 2024). · cites it 2× “755 ILCS 5/12-5(b) (West 2022). As we have held that this requirement is not inconsistent with section 2-2301, we likewise conclude that Rule 6.”
In re Est. of Carlen, 2015 IL App (5th) 130599 (Ill. App. Ct. 2015). “” 755 ILCS 5/12-5(a) (West 2006). This is significant, as it would seem impossible to post a bond based upon a debt.”
In re Est. of Carlen, 2015 IL App (5th) 130599 (Ill. App. Ct. 2015). “" 755 ILCS 5/12-5(a) (West 2006). This is significant, as it would seem impossible to post a bond based upon a debt.”
Saunders v. Symphony Beverly, LLC, 2024 IL App (1st) 230996 (Ill. App. Ct. 2024). · cites it 2× “755 ILCS 5/12-5(b) (West 2022). As we have held that this requirement is not inconsistent with section 2-2301, we likewise conclude that Rule 6.”
755 ILCS 5/12-5(a): 2 cases
In re Est. of Carlen, 2015 IL App (5th) 130599 (Ill. App. Ct. 2015). “” 755 ILCS 5/12-5(a) (West 2006). This is significant, as it would seem impossible to post a bond based upon a debt.”
In re Est. of Carlen, 2015 IL App (5th) 130599 (Ill. App. Ct. 2015). “" 755 ILCS 5/12-5(a) (West 2006). This is significant, as it would seem impossible to post a bond based upon a debt.”
755 ILCS 5/12-5(b): 2 cases
Saunders v. Symphony Beverly, LLC., 2024 IL App (1st) 230996-U (Ill. App. Ct. 2024). “755 ILCS 5/12-5(b) (West 2022). As we have held that this requirement is not inconsistent with section 2-2301, we likewise conclude that Rule 6.”
Saunders v. Symphony Beverly, LLC, 2024 IL App (1st) 230996 (Ill. App. Ct. 2024). “755 ILCS 5/12-5(b) (West 2022). As we have held that this requirement is not inconsistent with section 2-2301, we likewise conclude that Rule 6.”
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