ILCS » Chapter 755 · Act 5
Illinois Compiled Statutes

755 ILCS 5/18-14 (2026)

Estate chargeable with legacies, expenses and claims

✓ current as of May 2026
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(755 ILCS 5/18-14) (from Ch. 110 1/2, par. 18-14)
    Sec. 18-14. Estate chargeable with legacies, expenses and claims.) All the real and personal estate of the decedent and the income therefrom during the period of administration are chargeable with the claims against the estate, expenses of administration, estate and inheritance taxes and legacies without distinction except as otherwise provided in this Act or by decedent's will and may be leased, sold, mortgaged or pledged as the court directs in the manner prescribed in this Act. In determining what property in the estate shall be leased, sold, mortgaged or pledged for any purpose provided in this Section, there is no priority as between real and personal estate, except as provided in this Act or by decedent's will.
(Source: P.A. 79-328.)

    
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2002–2021 · leading case: In re Est. of Ries, 2021 IL App (2d) 191027 (Ill. App. Ct. 2021).
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In re Est. of Ries, 2021 IL App (2d) 191027 (Ill. App. Ct. 2021). · cites it 2× “Moreover, section 5-13 requires that the claim be recorded or filed as a notice of lien and, further, that “[a] claim arising under this Section attaches to interests owned or subsequently acquired by the estate of a recipient or the estate of a recipient’s surviving spouse.”
In re Est. of Zagaria, 2013 IL App (1st) 122879 (Ill. App. Ct. 2013). “” 755 ILCS 5/18-14 (West 2010). The funds in Zagaria’s current account were estate assets during the period of administration and, therefore, “are chargeable with *** expenses of administration.”
United States v. Bartlett, 186 F. Supp. 2d 875 (C.D. Ill. 2002). “Pursuant to 755 ILCS 5/18-14, “[a]ll the real and personal estate of the decedent and the income therefrom during the period of administration are chargeable with the claims against the estate.”
In re Est. of Zagaria, 2013 IL App (1st) 122879 (Ill. App. Ct. 2013). “” 755 ILCS 5/18-14 (West 2010). The funds in Zagaria’s -8- current account were estate assets during the period of administration and, therefore, “are chargeable with *** expenses of administration.”
In re Est. of Ries, 2021 IL App (2d) 191027 (Ill. App. Ct. 2021). · cites it 2× “¶ 24 Finally, at oral argument in this case, the Department directed our attention to section 18- 14 of the Probate Act of 1975 (Probate Act) (755 ILCS 5/18-14 (West 2018)), which provides that, generally, claims against an estate are chargeable against all personal and real…”
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