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Illinois Compiled Statutes

755 ILCS 5/2-8 (2026)

Renunciation of will by spouse

✓ current as of May 2026
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(755 ILCS 5/2-8) (from Ch. 110 1/2, par. 2-8)
    Sec. 2-8. Renunciation of will by spouse.)
    (a) If a will is renounced by the testator's surviving spouse, whether or not the will contains any provision for the benefit of the surviving spouse, the surviving spouse is entitled to the following share of the testator's estate after payment of all just claims: 1/3 of the entire estate if the testator leaves a descendant or 1/2 of the entire estate if the testator leaves no descendant.
    (b) In order to renounce a will, the testator's surviving spouse must file in the court in which the will was admitted to probate a written instrument signed by the surviving spouse and declaring the renunciation. The time of filing the instrument is: (1) within 7 months after the admission of the will to probate or (2) within such further time as may be allowed by the court if, within 7 months after the admission of the will to probate or before the expiration of any extended period, the surviving spouse files a petition therefor setting forth that litigation is pending that affects the share of the surviving spouse in the estate. The filing of the instrument is a complete bar to any claim of the surviving spouse under the will.
    (c) If a will is renounced in the manner provided by this Section, any future interest which is to take effect in possession or enjoyment at or after the termination of an estate or other interest given by the will to the surviving spouse takes effect as though the surviving spouse had predeceased the testator, unless the will expressly provides that in case of renunciation the future interest shall not be accelerated.
    (d) If a surviving spouse of the testator renounces the will and the legacies to other persons are thereby diminished or increased in value, the court, upon settlement of the estate, shall abate from or add to the legacies in such a manner as to apportion the loss or advantage among the legatees in proportion to the amount and value of their legacies.
(Source: P.A. 79-328.)

    
Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1993–2024 · leading case: In re Est. of Mondfrans, 2014 IL App (2d) 130205 (Ill. App. Ct. 2014).
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In re Est. of Mondfrans, 2014 IL App (2d) 130205 (Ill. App. Ct. 2014). · cites it 3× “Conard petitioned to renounce Jean’s will under section 2-8 of the Probate Act of 1975 (755 ILCS 5/2-8 (West 2012)). John Collins, the executor of Jean’s estate, objected on the ground that the petition was filed after Harry’s death and more than seven months after the admission…”
DeHart v. DeHart, 2013 IL 114137 (Ill. 2013). “755 ILCS 5/2-8(a) (West 2010). Here, plaintiff’s complaint alleges that he is Donald’s son and therefore his descendant.”
In Re Est. of Feinberg, 919 N.E.2d 888 (Ill. 2009). “" 755 ILCS 5/2-8 (West 2008). Thus, absent a valid prenuptial or postnuptial agreement (see, e.”
In Re Est. of Mocny, 630 N.E.2d 87 (Ill. App. Ct. 1993). · cites it 2× “(a) If a will renounced by the testator's surviving spouse, whether or not the will contains any provision for the benefit of the surviving spouse, the surviving spouse is entitled to the following share of the testator's estate after payment of all just claims: 1/3 of the…”
In re Est. of Cerami, 2018 IL App (1st) 172073 (Ill. App. Ct. 2018). · cites it 5× “" The Executor also points out that several Illinois courts have previously heard the appeals of executors challenging the validity of a purported will renunciation pursuant to section 2-8 of the Probate Act and that "[i]n none of the previous cases did the appellate courts ever…”
In re Est. of Cerami, 2018 IL App (1st) 172073 (Ill. App. Ct. 2019). · cites it 5× “¶ 28 Section 2-8 of the Probate Act (755 ILCS 5/2-8 (West 2014)) provides for the renunciation of a will by the testator’s surviving spouse and the spouse’s entitlement to one-third of the testator’s estate when the testator leaves a descendant.”
Est. of Cora v. Jahrling (In re Jahrling), 514 B.R. 565 (Bankr. N.D. Ill. 2014). “Jahrling’s right to elect is not property of the estate; it is not within the reach of a trustee or a creditor.”
Est. of Cora v. Jahrling (In re Jahrling), 510 B.R. 820 (Bankr. N.D. Ill. 2014). · cites it 3× “755 ILCS 5/2-8 provides as follows: Renunciation of will by spouse.”
In re Est. of Scherr, 2017 IL App (2d) 160889 (Ill. App. Ct. 2017). “) 755 ILCS 5/2-8(b) (West 2016). Thus, in the first sentence, the statute plainly states that the filing of a document renouncing the will is the operative act in effectuating the renunciation.”
In re Est. of Chaney, 2013 IL App (3d) 120565 (Ill. App. Ct. 2013). “Chaney, was valid and binding and that it precluded Sherry from renouncing Laverne's will and taking her statutory forced share of the estate as Laverne's surviving spouse (755 ILCS 5/2-8(a) (West 2010)). After an evidentiary hearing, the trial court found that the antenuptial…”
In re Est. of Chaney, 2013 IL App (3d) 120565 (Ill. App. Ct. 2014). “Chaney, was valid and binding and that it precluded Sherry from renouncing Laverne’s will and taking her statutory forced share of the estate as Laverne’s surviving spouse (755 ILCS 5/2-8(a) (West 2010)). After an evidentiary hearing, the trial court found that the antenuptial…”
In re Est. of Scherr, 2017 IL App (2d) 160889 (Ill. App. Ct. 2017). “) 755 ILCS 5/2-8(b) (West 2016). -3- Thus, in the first sentence, the statute plainly states that the filing of a document renouncing the will is the operative act in effectuating the renunciation.”
Show all 18 citing cases →
— 755 ILCS 5/2-8(a) — 6 cases
DeHart v. DeHart, 2013 IL 114137 (Ill. 2013). “755 ILCS 5/2-8(a) (West 2010). Here, plaintiff’s complaint alleges that he is Donald’s son and therefore his descendant.”
In re Est. of Mondfrans, 2014 IL App (2d) 130205 (Ill. App. Ct. 2014). “Conard petitioned to renounce Jean’s will under section 2-8 of the Probate Act of 1975 (755 ILCS 5/2-8 (West 2012)). John Collins, the executor of Jean’s estate, objected on the ground that the petition was filed after Harry’s death and more than seven months after the admission…”
In re Est. of Chaney, 2013 IL App (3d) 120565 (Ill. App. Ct. 2013). “Chaney, was valid and binding and that it precluded Sherry from renouncing Laverne's will and taking her statutory forced share of the estate as Laverne's surviving spouse (755 ILCS 5/2-8(a) (West 2010)). After an evidentiary hearing, the trial court found that the antenuptial…”
In re Est. of Chaney, 2013 IL App (3d) 120565 (Ill. App. Ct. 2014). “Chaney, was valid and binding and that it precluded Sherry from renouncing Laverne’s will and taking her statutory forced share of the estate as Laverne’s surviving spouse (755 ILCS 5/2-8(a) (West 2010)). After an evidentiary hearing, the trial court found that the antenuptial…”
In re Est. of Bermudez, 2023 IL App (1st) 220543-U (Ill. App. Ct. 2023).
— 755 ILCS 5/2-8(b) — 6 cases
In re Est. of Mondfrans, 2014 IL App (2d) 130205 (Ill. App. Ct. 2014). “Conard petitioned to renounce Jean’s will under section 2-8 of the Probate Act of 1975 (755 ILCS 5/2-8 (West 2012)). John Collins, the executor of Jean’s estate, objected on the ground that the petition was filed after Harry’s death and more than seven months after the admission…”
In re Est. of Scherr, 2017 IL App (2d) 160889 (Ill. App. Ct. 2017). “) 755 ILCS 5/2-8(b) (West 2016). Thus, in the first sentence, the statute plainly states that the filing of a document renouncing the will is the operative act in effectuating the renunciation.”
In re Est. of Cerami, 2018 IL App (1st) 172073 (Ill. App. Ct. 2018). “" The Executor also points out that several Illinois courts have previously heard the appeals of executors challenging the validity of a purported will renunciation pursuant to section 2-8 of the Probate Act and that "[i]n none of the previous cases did the appellate courts ever…”
In re Est. of Cerami, 2018 IL App (1st) 172073 (Ill. App. Ct. 2019). “¶ 28 Section 2-8 of the Probate Act (755 ILCS 5/2-8 (West 2014)) provides for the renunciation of a will by the testator’s surviving spouse and the spouse’s entitlement to one-third of the testator’s estate when the testator leaves a descendant.”
In re Est. of Scherr, 2017 IL App (2d) 160889 (Ill. App. Ct. 2017). “) 755 ILCS 5/2-8(b) (West 2016). -3- Thus, in the first sentence, the statute plainly states that the filing of a document renouncing the will is the operative act in effectuating the renunciation.”
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