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Illinois Compiled Statutes

755 ILCS 5/15-2 (2026)

Child's award

✓ current as of May 2026
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(755 ILCS 5/15-2) (from Ch. 110 1/2, par. 15-2)
    Sec. 15-2. Child's award.
    (a) If a minor child of the decedent does not reside with the surviving spouse of the decedent at the time of the decedent's death, there shall be allowed to that child, exempt from the enforcement of a judgment, garnishment or attachment in the possession of the representative, a sum of money that the court deems reasonable for the proper support of the child for the period of 9 months after the death of the decedent, in a manner suited to the condition in life of the minor child and to the condition of the estate. The award may in no case be less than $10,000 and shall be paid for the benefit of the child to such person as the court directs.
    (b) If a deceased resident of this State leaves no surviving spouse, there shall be allowed to all children of the decedent who were minors at the date of death, exempt from the enforcement of a judgment, garnishment or attachment in the possession of the representative, a sum of money that the court deems reasonable for the proper support of those children for the period of 9 months after the death of the decedent in a manner suited to the condition in life of those children and to the condition of the estate. The award may in no case be less than $10,000 for each of those children, together with an additional sum not less than $20,000 that shall be divided equally among those children or apportioned as the court directs and that shall be paid for the benefit of any of those children to any person that the court directs.
    (b-5) If an adult child of the decedent is likely to become a public charge and was financially dependent on the decedent at the time of the decedent's death, and if the adult child of the decedent did not reside with the surviving spouse of the decedent at the time of the decedent's death, there shall be allowed to that adult child, exempt from the enforcement of a judgment, garnishment, or attachment in the possession of the representative, a sum of money that the court deems reasonable, or agreed upon by the surviving spouse and representative of the decedent's estate or affiant under a small estate affidavit pursuant to Section 25-1, for the proper support of the adult child for the period of 9 months after the death of the decedent, in a manner suited to the condition of life of the adult child and to the condition of the estate. The award shall be at least $5,000 and shall otherwise be consistent with the financial support that the decedent was providing the adult child immediately prior to the decedent's death. The award shall be paid for the benefit of the adult child to such person as the court or affiant under a small estate affidavit pursuant to Section 25-1 directs. Within 30 days after receiving written notice of this potential award from the representative of the decedent's estate or from the affiant under a small estate affidavit pursuant to Section 25-1, the adult child, or the adult child's agent or guardian or other adult on behalf of the adult child, shall provide written notice to the representative or affiant, asserting that the adult child was financially dependent on the decedent at the time of the decedent's death and that the adult child did not reside with the surviving spouse at the time of the decedent's death. Failure to provide such written notice to the representative or affiant within 30 days after receiving notice from the representative or affiant shall be a bar to the right to receive the award. The notice by the representative may be combined with the notices given pursuant to Sections 6-21 and 8-1.
    (c) The changes made by Public Act 96-968 apply to a decedent whose date of death is on or after July 2, 2010 (the effective date of Public Act 96-968). The changes to this Section made by this amendatory Act of the 100th General Assembly apply to a decedent whose date of death is on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-478, eff. 6-1-18.)

    
Notes of Decisions
Cited in 5 cases, 1997–2013 · leading case: Clark v. Child.'s Mem'l Hosp., 955 N.E.2d 1065 (Ill. 2011).
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Clark v. Child.'s Mem'l Hosp., 955 N.E.2d 1065 (Ill. 2011). “See 755 ILCS 5/15-2 (West 2008). ¶ 148 Indeed, the court's view of section 10-2 of the Public Aid Code renders its construction of section 513 of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/513 (West 2006)) contradictory at best and…”
In re Est. of Mosquera, 2013 IL App (1st) 120130 (Ill. App. Ct. 2013). · cites it 4× “33 pursuant to section 15-2(a) of the Act (755 ILCS 5/15-2(a) (West 2010)).1 That section, entitled “Child’s award,” provides: “(a) If a minor or adult dependent child of the decedent does not reside with the surviving spouse of the decedent at the time of decedent’s death,…”
In re Est. of Hudson (Ill. App. Ct. 2008). · cites it 12× “The trial court apparently found a discrepancy in the reference to the "support" in the child's award section of the Probate Act (755 ILCS 5/15-2 (West 2006)). The relevant provision establishes that if an Illinois resident dies without a surviving spouse, each surviving minor…”
In Re Est. of Hudson, 896 N.E.2d 1123 (Ill. App. Ct. 2008). · cites it 13× “755 ILCS 5/15-2(b) (West 2006). According to the provision, a court may award more than the minimum $5,000 based on what "the court deems reasonable for the proper support of those children for the period of 9 months after the death of the decedent in a manner suited to the…”
In re Est. of Downey (Ill. App. Ct. 1997). · cites it 2× “See 755 ILCS 5/15-2 (West 1994). Brian's $5,000 was ordered paid to him direct­ly, as he had attained the age of majority.”
— 755 ILCS 5/15-2(a) — 3 cases
In re Est. of Mosquera, 2013 IL App (1st) 120130 (Ill. App. Ct. 2013). “33 pursuant to section 15-2(a) of the Act (755 ILCS 5/15-2(a) (West 2010)).1 That section, entitled “Child’s award,” provides: “(a) If a minor or adult dependent child of the decedent does not reside with the surviving spouse of the decedent at the time of decedent’s death,…”
In re Est. of Hudson (Ill. App. Ct. 2008). “The trial court apparently found a discrepancy in the reference to the "support" in the child's award section of the Probate Act (755 ILCS 5/15-2 (West 2006)). The relevant provision establishes that if an Illinois resident dies without a surviving spouse, each surviving minor…”
In Re Est. of Hudson, 896 N.E.2d 1123 (Ill. App. Ct. 2008). “755 ILCS 5/15-2(b) (West 2006). According to the provision, a court may award more than the minimum $5,000 based on what "the court deems reasonable for the proper support of those children for the period of 9 months after the death of the decedent in a manner suited to the…”
— 755 ILCS 5/15-2(b) — 2 cases
In re Est. of Hudson (Ill. App. Ct. 2008). “The trial court apparently found a discrepancy in the reference to the "support" in the child's award section of the Probate Act (755 ILCS 5/15-2 (West 2006)). The relevant provision establishes that if an Illinois resident dies without a surviving spouse, each surviving minor…”
In Re Est. of Hudson, 896 N.E.2d 1123 (Ill. App. Ct. 2008). “755 ILCS 5/15-2(b) (West 2006). According to the provision, a court may award more than the minimum $5,000 based on what "the court deems reasonable for the proper support of those children for the period of 9 months after the death of the decedent in a manner suited to the…”
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