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Illinois Compiled Statutes

755 ILCS 5/18-1 (2026)

Filing of claims - mailing or delivery of copies)

✓ current as of May 2026
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(755 ILCS 5/18-1) (from Ch. 110 1/2, par. 18-1)
    Sec. 18-1. Filing of claims - mailing or delivery of copies).
    (a) A claim against the estate of a decedent or ward, whether based on contract, tort, statutory custodial claim or otherwise, may be filed with the representative or the court or both. When a claim is filed with the representative but not with the court, the representative may file the claim with the court but has no duty to do so.
    (b) Within 10 days after a claimant files his claim with the court, the claimant (1) shall cause a copy of the claim to be mailed or delivered to each representative to whom letters of office have been issued and not revoked, including the guardian of the person of a ward and to the representative's attorney of record, unless the representative or the attorney has in writing either consented to allowance of the claim or waived mailing or delivery of a copy, and (2) shall file with the court proof of any required mailing or delivery of copies. Failure to mail or deliver copies of the claim or to file proof thereof does not affect the validity of the claim filing under subsection 18-1(a).
(Source: P.A. 89-396, eff. 8-20-95.)

    
Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1999–2025 · leading case: In Re Est. of Jolliff, 771 N.E.2d 346 (Ill. 2002).
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In Re Est. of Jolliff, 771 N.E.2d 346 (Ill. 2002). · cites it 2× “1 is special legislation because a general law, section 18-1(a) of the Probate Act, already allows anyone to bring nursing care claims against a disabled person's estate.”
In Re Est. of Funk, 849 N.E.2d 366 (Ill. 2006). “Pursuant to section 18-1 of the Probate Act (755 ILCS 5/18-1 (West 2004)), the state director of the FmHA filed a claim with Funk's estate for the $185,000 in principal owed under the first loan, the $49,104.”
In Re Est. of Gebis, 710 N.E.2d 385 (Ill. 1999). “See 755 ILCS 5/18-1 (West 1996). Or, if the deceased ward's estate is not yet open, a deceased ward's creditors, again like any decedent's creditors, may petition the circuit court either for admission of the decedent ward's will to probate (see 755 ILCS 5/6-2 (West 1996)) or…”
In re Est. of Krpan, 2013 IL App (2d) 121424 (Ill. App. Ct. 2013). · cites it 2× “” ¶5 Fins did not file this form with the court but, rather, consistent with section 18-1(a) of the Probate Act of 1975 (Act) (755 ILCS 5/18-1(a) (West 2010)), mailed it to the administrator.”
In re: Est. of Topal, 2022 IL App (4th) 210613 (Ill. App. Ct. 2022). “In re Estate of Strong, 2020 IL App (3d) 190158, ¶ 19 ; 755 ILCS 5/18-1 (West 2016). Where a probate estate is not opened, however, Illinois law gives a creditor the right to seek court appointment of a special representative of the estate, against whom an action might be filed.”
Water Tower Nursing & Home Care, Inc. v. Est. of Weil, 2013 IL App (1st) 122681 (Ill. App. Ct. 2013). · cites it 2× “755 ILCS 5/18-1 (West 2010). However, we observe that, if a denied claimant could still file under the general rule, then sections 18-11(b) and 18-12(a)(2), quoted above, would be rendered superfluous, and we should interpret statutes so that no part is rendered superfluous.”
In re Est. of Bohn, 2019 IL App (1st) 173083 (Ill. App. Ct. 2019). “To adequately file a claim against an estate, the party may file the claim with the circuit court, the representative of the estate, or both (755 ILCS 5/18-1(a) (West 2016)). The -3- claim must be filed “in writing” and state “sufficient information to notify the representative…”
Buczkiewicz v. Bohn (In Re Est. of Bohn), 2019 IL App (1st) 173083 (Ill. App. Ct. 2019). “To adequately file a claim against an estate, the party may file the claim with the circuit court, the representative of the estate, or both ( 755 ILCS 5/18-1(a) (West 2016) ). The claim must be filed "in writing" and state "sufficient information to notify the representative of…”
In re Est. of Topal, 2022 IL App (4th) 210613 (Ill. App. Ct. 2022). “In re Estate of Strong, 2020 IL App (3d) 190158, ¶ 19 ; 755 ILCS 5/18-1 (West 2016). Where a probate estate is not opened, however, Illinois law gives a creditor the right to seek court appointment of a special representative of the estate, against whom an action might be filed.”
In re Est. of Spitler, 2023 IL App (5th) 220361-U (Ill. App. Ct. 2023). “The time limit for filing a claim may be provided in the notice or in a publication and the date shall not be less than six months from the date of the first publication or three months from the date of mailing or delivery, whichever is later.”
In re Est. of Degand, 2019 IL App (2d) 180863-U (Ill. App. Ct. 2019). · cites it 3× “” 755 ILCS 5/18-1(a) (West 2018). “Within 10 days after a claimant files his claim with the court, the claimant (1) shall cause a copy of the claim to be mailed or delivered to each representative to whom letters of office have been issued and not revoked, including the guardian…”
In re Est. of Getz, 2023 IL App (3d) 210602-U (Ill. App. Ct. 2023). “See 755 ILCS 5/18-1 et seq. (West 2020). The administration of a decedent’s estate is a creature of statute and is governed exclusively by provisions of the Probate Act.”
Show all 15 citing cases →
— 755 ILCS 5/18-1(1)(a) — 1 case
Est. of Rossi v. Amos Fin., LLC., 2024 IL App (1st) 230785-U (Ill. App. Ct. 2024).
— 755 ILCS 5/18-1(a) — 7 cases
In Re Est. of Jolliff, 771 N.E.2d 346 (Ill. 2002). “1 is special legislation because a general law, section 18-1(a) of the Probate Act, already allows anyone to bring nursing care claims against a disabled person's estate.”
In re Est. of Krpan, 2013 IL App (2d) 121424 (Ill. App. Ct. 2013). “” ¶5 Fins did not file this form with the court but, rather, consistent with section 18-1(a) of the Probate Act of 1975 (Act) (755 ILCS 5/18-1(a) (West 2010)), mailed it to the administrator.”
Water Tower Nursing & Home Care, Inc. v. Est. of Weil, 2013 IL App (1st) 122681 (Ill. App. Ct. 2013). “755 ILCS 5/18-1 (West 2010). However, we observe that, if a denied claimant could still file under the general rule, then sections 18-11(b) and 18-12(a)(2), quoted above, would be rendered superfluous, and we should interpret statutes so that no part is rendered superfluous.”
In re Est. of Bohn, 2019 IL App (1st) 173083 (Ill. App. Ct. 2019). “To adequately file a claim against an estate, the party may file the claim with the circuit court, the representative of the estate, or both (755 ILCS 5/18-1(a) (West 2016)). The -3- claim must be filed “in writing” and state “sufficient information to notify the representative…”
Buczkiewicz v. Bohn (In Re Est. of Bohn), 2019 IL App (1st) 173083 (Ill. App. Ct. 2019). “To adequately file a claim against an estate, the party may file the claim with the circuit court, the representative of the estate, or both ( 755 ILCS 5/18-1(a) (West 2016) ). The claim must be filed "in writing" and state "sufficient information to notify the representative of…”
— 755 ILCS 5/18-1(b) — 1 case
In re Est. of Degand, 2019 IL App (2d) 180863-U (Ill. App. Ct. 2019). “” 755 ILCS 5/18-1(a) (West 2018). “Within 10 days after a claimant files his claim with the court, the claimant (1) shall cause a copy of the claim to be mailed or delivered to each representative to whom letters of office have been issued and not revoked, including the guardian…”
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