Illinois Compiled Statutes
755 ILCS 5/18-3 (2026)
Notice - Publication
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(755 ILCS 5/18-3)
(from Ch. 110 1/2, par. 18-3)
Sec. 18-3.
Notice - Publication.
(a) It is the duty of the representative to
publish once each week for 3 successive
weeks, and to mail or deliver to each creditor of the decedent whose name
and post office address are known to or are reasonably ascertainable by the
representative and whose claim has not been allowed or disallowed as
provided in Section 18-11,
a notice stating the death of the decedent, the name and address of
the representative and
of his attorney of record, that claims may be filed on or
before the date stated in the notice, which date shall be not less than 6
months from the date of the first publication or 3 months from the date of
mailing or delivery, whichever is later, and that any claim not filed on or
before
that date is barred.
(b) The published notice under subsection (a) of this Section must
be published in a newspaper published
in the county where the estate is being administered and may be combined
with any notice under Section 6-10 or subsection (b) of Section 9-5.
The representative
must file proof of publication with the clerk of the court.
(Source: P.A. 86-815.)
Notes of Decisions
Cited in 14
cases (6 in the last 5 years), 1999–2026 · leading case: Perlstein v. Wolk, 844 N.E.2d 923 (Ill. 2006).
Perlstein v. Wolk, 844 N.E.2d 923 (Ill. 2006). “See 755 ILCS 5/18-3 (West 1996). In defendants' view, plaintiffs' complaint, filed January 8, 1998, was 20 months late.”
In re Est. of Gebis, 710 N.E.2d 385 (Ill. 1999). “The record on appeal in case number 94-P-6222 contains not a single pleading relating to the opening of a decedent's estate in Sofia's name, the issuance of letters testamentary or of administration for such an estate, or the admission of Sofia's will to probate.”
Richards v. Vaca, 2021 IL App (2d) 210270, 196 N.E.3d 585. “(West -5- 2021 IL App (2d) 210270 2020)) concerning bringing claims against a decedent’s estate (plaintiff specifically points to sections 18-3 and 18-12 (755 ILCS 5/18-3, 18-12 (West 2020))). Plaintiff points out that subsection (b)(2) has no counterpart in the Probate Act.”
In re Est. of Zivin, 2015 IL App (1st) 150606. “See 755 ILCS 5/8-1, 18-3, 18-12 (West 2010). ¶ 10 The Probate Act of 1975 (Act) requires an estate’s representative to publish and mail notice of the opening to the estate to all known creditors.”
Dalessandro v. Quinn-Dalessandro, 2023 IL App (1st) 211119, 225 N.E.3d 643. “” 755 ILCS 5/18-3 (West 2016). ¶ 44 Taken together, the effect of these provisions is that the deadline for filing claims against Chuhak was November 11, 2017.”
Buczkiewicz v. Bohn (In re Est. of Bohn), 2019 IL App (1st) 173083, 127 N.E.3d 1109. “See 755 ILCS 5/18-3(a), 18-12(a) (West 2016).”
Stoller v. Jams, 2020 IL App (2d) 190741-U. “Virginia also cited the six-month limitation period for claims against an estate under section 18-3(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/18-3(a) (West 2018)), and, alternatively, the two-year limitation period from the date of death, which applies in the…”
In re Est. of Zivin, 2015 IL App (1st) 150606. “See 755 ILCS 5/8-1, 18-3; 18-12 (West 2010). ¶ 10 The Probate Act of 1975 (Act) requires an estate's representative to publish and mail notice of the opening to the estate to all known creditors.”
In re Est. of Spitler, 2023 IL App (5th) 220361-U. “755 ILCS 5/18-3 (West 2018). If a claim is filed, the representative or “any other person whose rights may be affected by the allowance of a claim or counterclaim may file pleadings with the clerk of the court,” and the circuit court may order the parties to file further…”
In re Est. of Smith, 2025 IL App (1st) 250009-U. “” He explained that the Department had notice because that was “how [Gorg] was involved,” so Indomenico had no need to either publish notice or give the Department actual written notice as a known creditor pursuant to section 18-3 of the Probate Act of 1975 (Probate Act) (755…”
In re Est. of Fritz, 2025 IL App (3d) 240031-U. “No claims notices were mailed or delivered in accordance with section 18-3(a) of the Probate Act (755 ILCS 5/18-3(a) (West 2014)). ¶ 19 E. Kramer’s Motion to Amend the August 2014 Judgment ¶ 20 In March 2016, Melitha and Kramer Properties filed a motion in the chancery case,…”
In re Est. of Sopiarz, 2026 IL App (1st) 242061-U. “” 755 ILCS 5/18-3(a) (West 2022). Section 18-3(a) thus authorizes notice by publication to the unknown creditors of an estate and requires the mailing or delivery of a notice to each creditor of the decedent whose name and address are known or reasonably ascertainable.”
755 ILCS 5/18-3(a): 4 cases
Buczkiewicz v. Bohn (In re Est. of Bohn), 2019 IL App (1st) 173083, 127 N.E.3d 1109. “See 755 ILCS 5/18-3(a), 18-12(a) (West 2016).”
Stoller v. Jams, 2020 IL App (2d) 190741-U. “Virginia also cited the six-month limitation period for claims against an estate under section 18-3(a) of the Probate Act of 1975 (Probate Act) (755 ILCS 5/18-3(a) (West 2018)), and, alternatively, the two-year limitation period from the date of death, which applies in the…”
In re Est. of Fritz, 2025 IL App (3d) 240031-U. “No claims notices were mailed or delivered in accordance with section 18-3(a) of the Probate Act (755 ILCS 5/18-3(a) (West 2014)). ¶ 19 E. Kramer’s Motion to Amend the August 2014 Judgment ¶ 20 In March 2016, Melitha and Kramer Properties filed a motion in the chancery case,…”
In re Est. of Sopiarz, 2026 IL App (1st) 242061-U. “” 755 ILCS 5/18-3(a) (West 2022). Section 18-3(a) thus authorizes notice by publication to the unknown creditors of an estate and requires the mailing or delivery of a notice to each creditor of the decedent whose name and address are known or reasonably ascertainable.”
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