ILCS » Chapter 755 · Act 5

755 ILCS 5/18-12

Limitations on payment of claims

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(755 ILCS 5/18-12) (from Ch. 110 1/2, par. 18-12)
    Sec. 18-12. Limitations on payment of claims.
    (a) Every claim against the estate of a decedent, except expenses of administration and surviving spouse's or child's award, is barred as to all of the decedent's estate if:
        (1) Notice is given to the claimant as provided in
    
Section 18-3 and the claimant does not file a claim with the representative or the court on or before the date stated in the notice; or
        (2) Notice of disallowance is given to the claimant
    
as provided in Section 18-11 and the claimant does not file a claim with the court on or before the date stated in the notice; or
        (3) The claimant or the claimant's address is not
    
known to or reasonably ascertainable by the representative and the claimant does not file a claim with the representative or the court on or before the date stated in the published notice as provided in Section 18-3.
    (b) Unless sooner barred under subsection (a) of this Section, all claims which could have been barred under this Section are, in any event, barred 2 years after decedent's death, whether or not letters of office are issued upon the estate of the decedent.
    (c) This Section does not bar actions to establish liability of the decedent to the extent the estate is protected by liability insurance.
    (d) Except with respect to a claimant whose claim is known to the representative and is not paid or otherwise barred under this Section, a representative who acts in good faith to determine and give notice to creditors of a decedent, as provided in Section 18-3, is not personally liable to a creditor of a decedent, but any claim not barred under this Section may be asserted against (1) the estate, to the extent that assets have not been distributed, and (2) a distributee of the estate (other than a creditor), but only to the extent that the distributee's share of the estate will not, in effect, be diminished below what the distributee would have received had the claim been paid by the representative.
(Source: P.A. 89-21, eff. 7-1-95; 89-686, eff. 12-31-96.)

    
Notes of Decisions
Cited in 43 cases (17 in the last 5 years), 2001–2026 · leading case: Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and James
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Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and James (2002) ca7 · cites it 3× “We do not believe that either the possibility of obtaining an administrative waiver (which the DOL has shown no indication that it will grant) or the possibility that the DOL may be barred by Illinois' probate law from collecting on its claim, see 755 ILCS 5/18-12(b); but see…”
In Re Estate of Parker (2011) illappct · cites it 3× “ection 18-11 and the claimant does not file a *466 claim with the court on or before the date stated in the notice; or (3) The claimant or the claimant's address is not known to or reasonably ascertainable by the representative and the claimant does not file a claim with the…”
In re Estate of McDonald (2024) illappct · cites it 4× “Since Ellizzette did not assert her putative-spouse claim until more than two years after John’s death, Shawn maintains, her claim is barred under section 18-12(b). ¶ 34 Article 18 of the Probate Act (755 ILCS 5/art.”
Walstad v. Klink (2018) illappct · cites it 2× “On appeal, defendant contends that the trial court erred in allowing plaintiff to amend her complaint and assert claims against the estate of Ronald Flores more than two years after Flores's death, in contravention of section 18-12(b) of the Probate Act of 1975 (Probate Act) (…”
In re: Estate of Topal (2022) illappct · cites it 2× “755 ILCS 5/18-12(b) (West 2016). Finding that no claims or foreclosure action had been filed prior to the expiration of the two-year period, the trial court granted the Estate’s motion.”
In re Estate of Zagaria (2013) illappct · cites it 3× “” 755 ILCS 5/18-12(d) (West 2010). ¶ 24 A citation proceeding under section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) is the statutory mechanism to recover assets that belong to the estate for purposes of paying estate expenses.”
Killian v. Concert Health Plan (2012) ca7 “Thus, Rush University and Susan Killian’s other providers cannot collect anything from her estate.” R.64-1 at 1. James is correct. Section 18-12(b) provides that “[u]nless sooner barred under subsection (a) of this Section, all claims which could have been barred under this…”
Water Tower Nursing & Home Care, Inc. v. Estate of Weil (2013) illappct · cites it 3× “755 ILCS 5/18-12 (West 2010). Section 18-12 provides that “[e]very claim against the estate of a decedent *** is barred as to all of the decedent’s estate if: *** [n]otice of disallowance is given to the claimant as provided in Section 18-11 and the claimant does not file a…”
In re Estate of Zagaria (2013) illappct · cites it 3× “” 755 ILCS 5/18-12(d) (West 2010). ¶ 24 A citation proceeding under section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) is the statutory mechanism to recover assets that belong to the estate for purposes of paying estate expenses.”
Walstad v. Klink (2018) illappct · cites it 2× “On appeal, defendant contends that the trial court erred in allowing plaintiff to amend her complaint and assert claims against the estate of Ronald Flores more than two years after Flores’s death, in contravention of section 18-12(b) of the Probate Act of 1975 (Probate Act)…”
In re Estate of Zivin (2016) illappct “755 ILCS 5/18-12 (West 2010). If notice is not effectively given, the Act nonetheless sets an outer limit for bringing claims as two years after the decedent’s death.”
In re Marriage of Ross (2015) illappct · cites it 2× “) 755 ILCS 5/18-12 (West 2012). Anita’s claim was brought more than two years after James’s death.”
Show all 43 citing cases →
— 755 ILCS 5/18-12(a) — 8 cases
In Re Estate of Parker (2011) illappct “ection 18-11 and the claimant does not file a *466 claim with the court on or before the date stated in the notice; or (3) The claimant or the claimant's address is not known to or reasonably ascertainable by the representative and the claimant does not file a claim with the…”
In re Estate of McDonald (2024) illappct “Since Ellizzette did not assert her putative-spouse claim until more than two years after John’s death, Shawn maintains, her claim is barred under section 18-12(b). ¶ 34 Article 18 of the Probate Act (755 ILCS 5/art.”
In re Estate of McLaughlin (2020) illappct
In re Estate of Fritz (2025) illappct
In re Estate of Parker (2011) illappct
— 755 ILCS 5/18-12(a)(2) — 1 case
Water Tower Nursing & Home Care, Inc. v. Estate of Weil (2013) illappct “755 ILCS 5/18-12 (West 2010). Section 18-12 provides that “[e]very claim against the estate of a decedent *** is barred as to all of the decedent’s estate if: *** [n]otice of disallowance is given to the claimant as provided in Section 18-11 and the claimant does not file a…”
— 755 ILCS 5/18-12(a)(3) — 3 cases
In re Estate of McLaughlin (2020) illappct
In re Estate of Bennett (2026) illappct
In re Estate of Getz (2023) illappct
— 755 ILCS 5/18-12(b) — 31 cases
Old Ben Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and James (2002) ca7 “We do not believe that either the possibility of obtaining an administrative waiver (which the DOL has shown no indication that it will grant) or the possibility that the DOL may be barred by Illinois' probate law from collecting on its claim, see 755 ILCS 5/18-12(b); but see…”
In re Estate of McDonald (2024) illappct “Since Ellizzette did not assert her putative-spouse claim until more than two years after John’s death, Shawn maintains, her claim is barred under section 18-12(b). ¶ 34 Article 18 of the Probate Act (755 ILCS 5/art.”
Walstad v. Klink (2018) illappct “On appeal, defendant contends that the trial court erred in allowing plaintiff to amend her complaint and assert claims against the estate of Ronald Flores more than two years after Flores's death, in contravention of section 18-12(b) of the Probate Act of 1975 (Probate Act) (…”
In re: Estate of Topal (2022) illappct “755 ILCS 5/18-12(b) (West 2016). Finding that no claims or foreclosure action had been filed prior to the expiration of the two-year period, the trial court granted the Estate’s motion.”
In Re Estate of Parker (2011) illappct “ection 18-11 and the claimant does not file a *466 claim with the court on or before the date stated in the notice; or (3) The claimant or the claimant's address is not known to or reasonably ascertainable by the representative and the claimant does not file a claim with the…”
— 755 ILCS 5/18-12(c) — 1 case
Ezell v. City Of Chicago (2020) ilnd
— 755 ILCS 5/18-12(d) — 2 cases
In re Estate of Zagaria (2013) illappct “” 755 ILCS 5/18-12(d) (West 2010). ¶ 24 A citation proceeding under section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) is the statutory mechanism to recover assets that belong to the estate for purposes of paying estate expenses.”
In re Estate of Zagaria (2013) illappct “” 755 ILCS 5/18-12(d) (West 2010). ¶ 24 A citation proceeding under section 16-1 of the Probate Act (755 ILCS 5/16-1 (West 2010)) is the statutory mechanism to recover assets that belong to the estate for purposes of paying estate expenses.”
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