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Illinois Compiled Statutes

755 ILCS 5/16-2 (2026)

Personal property claimed by third party

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(755 ILCS 5/16-2) (from Ch. 110 1/2, par. 16-2)
    Sec. 16-2. Personal property claimed by third party.) Upon the filing of a petition therefor by any person and upon such notice as the court may direct, the court may order a representative having in his possession or control any personal property, book of account, paper or evidence of title to land or of debt which belongs to the petitioner to deliver the same to the petitioner or his agent. The court may hear the evidence offered by any party, may determine all questions of title, claims of adverse title and the right of property and may enter such orders and judgment as the case requires.
(Source: P.A. 79-328.)

    
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2013–2025 · leading case: Bjork v. O'Meara, 2013 IL 114044, 986 N.E.2d 626.
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Bjork v. O'Meara, 2013 IL 114044, 986 N.E.2d 626. “755 ILCS 5/16-2 (West 2008); see 1A Michael P.”
In re Est. of Boyar, 2013 IL 113655. “”1 1 Dixon’s petition invoked both section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) and section 16-2 of the Act (755 ILCS 5/16-2 (West 2010)). Section 16-1 authorizes petitions -4- ¶ 16 Eight days after Dixon petitioned for a citation to discover assets, Robert…”
In re Est. of Brown, 2014 IL App (1st) 122857, 13 N.E.3d 271. · cites it 2× “2 Barbara Hoy appeals from an order of the probate court of Cook County dismissing her amended petition for citation brought pursuant to section 16-2 of the Probate Act of 1975 (755 ILCS 5/16-2 (West 2008)) to recover the musical composition, alleged to be the property of Joe…”
In re Est. of Brown, 2014 IL App (1st) 122857. · cites it 2× “2 Barbara Hoy appeals from an order of the probate court of Cook County dismissing her amended petition for citation brought pursuant to section 16-2 of the Probate Act of 1975 (755 ILCS 5/16-2 (West 2008)) to recover the musical composition, alleged to be the property of Joe…”
In re Est. of Phinney, 2023 IL App (3d) 220384-U. · cites it 2× “” 755 ILCS 5/16-2 (West 2020). Erin argues that Canale’s citation was not proper under the Act because Canale did not identify any personal property to which he was entitled.”
In re Est. of Angsten, 2023 IL App (2d) 220248-U. “755 ILCS 5/16-2 (West 2020). ¶ 62 “The court may hear the evidence offered by any party, may determine all questions of title, claims of adverse title and the right of property and may enter such orders and judgment as the case requires.”
Romeo v. Bank of Herrin, 2025 IL App (5th) 240247-U. “¶ 17 On July 10, 2015, plaintiff filed a petition for recovery citation against the Bank of Herrin pursuant to section 16-2 of the Probate Act (755 ILCS 5/16-2 (West 2014)). The petition alleged that plaintiff had personal property located primarily in the barns on decedent’s…”
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