Illinois Compiled Statutes
755 ILCS 5/2-5 (2026)
Advancements
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(755 ILCS 5/2-5)
(from Ch. 110 1/2, par. 2-5)
Sec. 2-5.
Advancements.) (a) In the division and distribution of the estate
of an intestate decedent, real or personal estate given by him in his lifetime as an
advancement to a descendant is considered as part of the decedent's estate
to be applied on the share of the person to whom the
advancement was made or, if he died before the decedent, on the share of
the descendants of the
person to whom the advancement was made. A gift is not an advancement unless
so expressed in
writing by the decedent or unless so acknowledged in writing by the person to whom the
gift was made.
(b) If the value of the advancement is expressed in the writing made by
the decedent or, if
not so expressed, in the written acknowledgment by the person to whom the
advancement was made,
it shall be considered as of that value; otherwise it shall be considered
as of the value when given.
The person to whom the advancement was made shall not be required to refund
any part of it, although
it exceeds his share in the entire estate.
(Source: P.A. 79-328.)
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: Tiedemann v. Tiedemann, 2025 IL App (5th) 241010.
Tiedemann v. Tiedemann, 2025 IL App (5th) 241010. “See 755 ILCS 5/2-5, 4-6, 11-6, 11a-7, 13-4, 14-1, 20-19, 22-4, 24-3 (West 2022).”
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