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Illinois Compiled Statutes

755 ILCS 5/20-1 (2026)

Administration and possession of decedent's real estate

✓ current as of May 2026
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(755 ILCS 5/20-1) (from Ch. 110 1/2, par. 20-1)
    Sec. 20-1. Administration and possession of decedent's real estate.) (a) Except as otherwise provided by subsection (b) of this Section or by decedent's will, every representative shall take possession, subject to the exempt estate of homestead, of all real estate of the decedent during the period of administration and, while retaining possession, (1) shall collect the rents and earnings therefrom, (2) shall keep in tenantable repair the buildings and fixtures, (3) shall pay the taxes, mortgages and other liens thereon in accordance with their terms, (4) may protect the real estate by insurance, (5) may employ agents and custodians and (6) may make all reasonable expenditures necessary to preserve the real estate. He may maintain an action for the possession of or to determine the title to real estate, except that no action to determine the title to real estate may be commenced without authorization of the court which issued his letters.
    (b) The representative may not take possession of real estate or the portion thereof occupied by the heir or legatee thereof as his residence unless otherwise provided by the decedent's will or unless the court at any time finds that possession is necessary for the payment of claims, expenses of administration, estate or inheritance taxes or legacies, the preservation of the real estate, or any part thereof, or the proper distribution of the estate.
    (c) Upon petition of any interested person, the court may grant possession of real estate on such terms as it deems appropriate to the heir or legatee thereof, if it appears that the real estate or income therefrom will not be needed for the payment of claims, expenses of administration, estate or inheritance taxes or legacies. An order granting possession of real estate does not constitute a determination of title to the real estate.
    (d) Nothing in this Section affects the power of the representative to sell or mortgage any real estate of the decedent under this Act.
(Source: P.A. 79-328.)

    
Notes of Decisions
Cited in 4 cases, 2002–2017 · leading case: Mareskas-Palcek v. Schwartz, Wolf & Bernstein, LLP, 2017 IL App (1st) 162746 (Ill. App. Ct. 2017).
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Mareskas-Palcek v. Schwartz, Wolf & Bernstein, LLP, 2017 IL App (1st) 162746 (Ill. App. Ct. 2017). “755 ILCS 5/4-13 (West 2014) ; 755 ILCS 5/20-1(a) (West 2014) ("every representative shall take possession, subject to the exempt estate of homestead, of all real estate of the decedent during the period of administration"); see also Lescher v.”
Gurga v. Roth, 2011 IL App (2d) 100444 (Ill. App. Ct. 2011). “” 755 ILCS 5/20-1(a) (West 2008). However, Ellen never filed an action for possession or requested that the probate court make a determination as to the competing title interests between the parties.”
In Re Est. of Maierhofer, 767 N.E.2d 850 (Ill. App. Ct. 2002). “) 755 ILCS 5/20-1(c) (West 1998). An "interested person" includes one who has a financial interest or property right, such as an heir or legatee.”
Gurga v. Roth, 964 N.E.2d 134 (Ill. App. Ct. 2011). “" 755 ILCS 5/20-1(a) (West 2008). However, Ellen never filed an action for possession or requested that the probate court make a determination as to the competing title interests between the parties.”
— 755 ILCS 5/20-1(a) — 3 cases
Mareskas-Palcek v. Schwartz, Wolf & Bernstein, LLP, 2017 IL App (1st) 162746 (Ill. App. Ct. 2017). “755 ILCS 5/4-13 (West 2014) ; 755 ILCS 5/20-1(a) (West 2014) ("every representative shall take possession, subject to the exempt estate of homestead, of all real estate of the decedent during the period of administration"); see also Lescher v.”
Gurga v. Roth, 2011 IL App (2d) 100444 (Ill. App. Ct. 2011). “” 755 ILCS 5/20-1(a) (West 2008). However, Ellen never filed an action for possession or requested that the probate court make a determination as to the competing title interests between the parties.”
Gurga v. Roth, 964 N.E.2d 134 (Ill. App. Ct. 2011). “" 755 ILCS 5/20-1(a) (West 2008). However, Ellen never filed an action for possession or requested that the probate court make a determination as to the competing title interests between the parties.”
— 755 ILCS 5/20-1(c) — 1 case
In Re Est. of Maierhofer, 767 N.E.2d 850 (Ill. App. Ct. 2002). “) 755 ILCS 5/20-1(c) (West 1998). An "interested person" includes one who has a financial interest or property right, such as an heir or legatee.”
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